In the digital age, sharing content on the internet is increasingly common, facilitating the dissemination of literary, artistic, scientific, musical and any other type of work. However, this has also led to many authors seeing their work used without their permission, in violation of their rights.

If you find yourself in a similar situation, it is essential to know how you should act to protect your work and enforce your rights. Here are the steps to take if someone uses your work on the internet without your consent.

1. Proof of authorship of the work

The first thing you must do, before claiming any infringement, is to prove that you are the legitimate author of the work in question. The most effective way to do this is by means of the registration of your work in the Intellectual Property Register. This registration serves as legal proof of your authorship, as it establishes a specific date on which the work was created.

Although copyright in Spain arises automatically with the creation of the work, formal registration provides greater legal certainty in case you need to file a claim or lawsuit. If your work is not registered, you face the possibility that you will not be able to reliably prove your authorship, which will make it difficult to protect your rights.

Report the infringement to the social network or platform.

In the event that you discover that your work has been used without your consent on a social network or internet platform (such as Facebook, Twitter, Instagram, YouTube, among others), it is essential to report the infringement as soon as possible. Most of these platforms have specific mechanisms for reporting unauthorised use of copyrighted content.

Generally, platforms have mechanisms such as the Notification and Withdrawal System (typical on sites such as YouTube, or the Copyright Management System on social media) that allow authors to request the removal of their work. Such notices, known as "DMCA notices" in some cases, are effective and quick, and usually result in the removal of the infringing content. However, it is important to note that the success of this claim will depend on having proof of authorship, such as a prior registration, or at least clear evidence that you are the creator of the work.

3. Send a formal complaint to the offender

If the complaint to the platform is unsuccessful or the offender fails to respond, the next step is to send a formal complaint to the infringer. This should be done by means of a burofax (or a registered letter with acknowledgement of receipt) notifying the infringer that he is using a copyrighted work without the necessary consent and urging him to cease immediately.

The burofax has legal standing and provides evidence that the infringer has received the notice. In addition, if the infringer does not stop the use of the work after the notification, you will have grounds to pursue legal action.

4. Bringing an action for copyright infringement

If after following the above steps you do not obtain a satisfactory solution and the infringer continues to use your work without authorisation, you can go to court. In this case, you must bringing an action for copyright infringement.

In the lawsuit you will be able to demand:

  • The cessation of the infringement.
  • The compensation by the damages caused. The amount of such compensation may be quantified on the basis of the profits made by the infringer, the loss of business opportunities suffered by the legitimate author of the work, or the amount that the infringer would have received as remuneration if the infringer had sought authorisation to use the work (such as the price for a work licence), among other factors.

5. Specialised legal advice

Intellectual property is a complex field, therefore, it is highly recommended that, before initiating any action, you seek the advice of an intellectual property lawyer. 

At MBR Lawyers We will guide you through the whole process, and help you register your work, gather the necessary evidence and, if necessary, represent you in the court case.

Acting quickly and taking the right steps to defend your copyright is essential to ensure the success of your claim and to defend your rights.