Copyright protection on the Internet: how to deal with infringements?

In an era of total digitalisation, online copyright protection has become a real challenge for creators. The scale of online copyright infringement, from plagiarised text to illegal video distribution, is impressive. This requires specific approaches to detecting and countering it. In this article, we will look at effective strategies and specific steps to take when your works are used illegally online.

Section 1: Types of Copyright Infringement on the Internet

The Internet has unfortunately become not only a powerful platform for the dissemination of creativity, but also an environment where copyright infringement occurs almost daily, often because of the ease of copying and anonymity. In order to effectively counteract these phenomena, it is necessary to understand the types of infringements that can be encountered.

1.1 Unauthorised copying and publishing of textual content

One of the most common types of online infringement is the unauthorised reproduction and publication of textual content. This can be:

• Copying articles and publications from news sites, blogs, online magazines and posting them on other resources without permission from the author or publisher.
• Using product descriptions from competitors’ online shops.
• Copying parts or the full text of books, reports, training materials and illegally distributing them online.
• Parsing (automatically collecting) content from websites for the purpose of publishing it on other resources.

This infringement directly relates to how to protect the copyright on text, because text is a classic object of copyright. For example, you wrote a unique article for your blog, and someone simply copied it and posted it on their site, claiming it as their own or not even indicating the source. This is a direct violation of your property rights to reproduce and publicise the work.

1.2 Illegal use of visual content

Visual content is extremely vulnerable on the Internet because it is easy to copy and store. Typical infringements include:

• Use of photos. Posting photos (e.g. from professional photo shoots, author’s travel photos, product photos) on websites, social networks, advertising materials without obtaining the appropriate licence or permission from the photographer or copyright holder. Often take photos from stock sites without paying for a licence, or simply “save images” from a search engine.
• Use of illustrations and graphics. Copying author illustrations, banners, infographics and other graphic content created by designers or artists.
• Copying website design. Illegal use of website design elements, its structure, layout, graphic design. Although the functionality of the website itself is not protected by copyright, its visual representation may be protected as a composite work or a work of design.

For example, a designer created unique illustrations for a commercial website, but a competitor simply copied them and used them on their own site. This is an infringement of copyright for works of fine art.

1.3 Distribution of audio and video works without the authorisation of the right holder

Musical works, films, TV series, video clips and other audiovisual content are frequent targets of illegal distribution on the Internet. This occurs by:

• Posting music tracks or albums on file-sharing sites, social media, unlicensed streaming platforms.
• Posting films or TV series on pirate sites for online viewing or downloading.
• Using fragments of music or video in one’s works (e.g. in a YouTube video) without obtaining the permission of the right holder (author of the music, producer of the phonogram, producer of the videogram).

This infringement concerns both copyright (music, script, direction) and neighbouring rights (performers’ rights, phonogram/videogram producers’ rights).Read more about music copyright and song copyright, as well as music copyright protection in our specialised article “Music and song copyright: registration, use, protection”. Example: a blogger uses a popular song as background music in his video without paying royalties or obtaining a licence, which is an infringement of the property rights of the author of the music and lyrics, as well as the neighbouring rights of the performer and the producer of the phonogram.

1.4 Modification and creation of derivative works without the author’s consent

The author has the exclusive right to authorise or prohibit revisions, adaptations, arrangements and other modifications of his/her work. It is an offence to create derivative works on the Internet without such permission.

• Translating the text of an article or book without the consent of the original author.
• Creation of “fanfics” (amateur stories based on popular works) without the permission of the copyright holder of the original work.
• Creating remixes of musical compositions without the consent of the author of the music, lyrics and the right holders of the phonogram.
• Modifying images or using them in a way that distorts the work (which may violate both the author’s property and non-property rights to the integrity of the work).

For example, someone has taken your photograph and added offensive captions to it, or translated your article into another language and published it without your permission. This is a violation of your rights as an author.

1.5 The concept of plagiarism in the context of online content

Plagiarism on the Internet is attribution of authorship, i.e. publishing (posting online) someone else’s work or part of it under one’s own name, without identifying the real author and source of borrowing. This is not just illegal use, but an attempt to pass off someone else’s work as one’s own.

Plagiarism is a gross violation of both the author’s property rights (unauthorised reproduction, publication) and his personal non-property rights (rights to name, to recognition of authorship). Fighting plagiarism is one of the key tasks for content creators on the Internet. For example, a student has written an essay by copying text from Wikipedia or another educational resource and submitting it as his or her own work. Or a website owner copied articles from a competitor’s blog and posted them on his or her site without citing the author or source.

Understanding these types of infringements is the first step to developing an effective online copyright strategy .

Section 2: Preventive measures to minimise the risks of online abuse

The best defence is prevention. Before you are confronted with the fact that your works are being used illegally on the Internet, there are a number of measures you can implement to make life more difficult for infringers and strengthen your own position.

2.1 Properly labelling your works

Although copyright arises automatically and the presence of the © mark is not a requirement for protection in Berne Convention countries (including Ukraine), proper labelling is a simple and effective preventive measure. It serves as a clear warning to potential infringers and an informative message to bona fide users.

Standard labelling includes:

• Copyright ©: Copyright symbol: The “copyright ” symbol.
• Name of copyright holder: The name of the author or the name of the legal entity that owns the proprietary rights to the work.
• Year the work was first published: The year the work was first made available to the public.

For example, on a website, the footer could read “© Author Name/Company Name, 2024”. On photos, you can add a watermark with this information. In text documents – on the title page or at the end of the text. This labelling visually communicates that the work is protected, who is the copyright holder and since when. This can make unscrupulous individuals think twice before copying content and also makes it easier for those seeking permission to find the copyright holder.

2.2 Technical security tools

There are also technical tools that can make it more difficult or less convenient for unauthorised copying of content from your online resources.

• Watermarks: Adding translucent images or text (such as your logo or a © mark with your name) on top of photos or videos. This doesn’t make copying impossible, but it makes it much harder to use the content without editing, which can ruin its look.
• Image protection: Some sites use JavaScript to prevent images from being saved via right-click. This is not foolproof for power users, but may stop those who don’t know how to bypass such a restriction.
• Text protection: Likewise, scripts can be used to prevent the selection and copying of text on a web page. Again, this is not an absolute protection.
• Code obfuscation: Code obfuscation (obfuscation) techniques can be applied to software and scripts to make it more difficult to understand and subsequently modify or copy.
• Metadata embedding: Add authorship information and contact details to the metadata of files (photos, videos, music). This data can be retained even after the file has been copied.

It is important to realise that technical means are only barriers and not absolute protection. Any technical defence can be hacked or bypassed. However, their use, especially in combination with other measures, can significantly reduce the incidence of “light” copying.

2.3 Posting clear terms of use for content

To ensure users understand the rules of the game, it’s important to clearly state the terms of use for your content and post them in an easily accessible place (e.g. on a website). This could be:

• A Terms of Use page: On the site where you publish content, create a page detailing how your content can and cannot be used. For example, whether quoting is allowed, under what conditions, whether photos can be used for commercial purposes, etc.
• Licence information: If you are willing to allow certain uses of your work under certain conditions, you can specify the type of licence (e.g. one of the Creative Commons licences, which allows free use with certain restrictions such as attribution).
• Explicitly stating “All rights reserved” or “Reproduction prohibited without permission”: This clearly communicates your intentions to restrict use.

Clear terms of use not only inform users, but are also an important legal document. In case of infringement, you will be able to argue that the user was aware of the rules and knowingly violated them.

2.4 The importance of copyright registration in strengthening your defence

One of the most effective preventive measures that also strengthens your defence is copyright registration of your work. Although copyright arises automatically, formalising copyright through state registration provides strong evidence of your authorship and the date on which the work was registered.

Having an official certificate from UKRNOIVI demonstrates your seriousness as a copyright holder. It may deter some potential infringers who will not want to mess with a registered object. In addition, if a violation is detected, the certificate is the main document that greatly simplifies the process of proving your rights in pre-trial proceedings (when sending claims) and in court. This speeds up the consideration of the case and increases the chances of a successful outcome. Read more about how to register copyright in Ukraine in our main article “How to register copyright in Ukraine in 2025: a complete guide“. This registration is certified by an official document. What is a copyright certificate, its procedure forobtaining an AP certificate and the importance of a copyright certificate for the protection of rights, read in our article “Copyright certificate: procedure for obtaining and the value of the document“.

Section 3: Detecting online infringement

Even if all possible preventive measures are taken, the risk of illegal use of your works on the Internet still exists. Therefore, it is important to have the tools and know the methods to detect such instances in a timely manner. The earlier you detect an infringement, the easier and more effective you can respond to it.

3.1 Self-monitoring and searching for keywords or pieces of content

One basic way of detecting illegal use of your content is to regularly monitor the internet yourself. This can be time consuming, but is often effective in identifying obvious cases.

• Using search engines:The easiest tool is Google, Bing, DuckDuckGo and other search engines. You can search for
  • :Exact phrases from your text: Take a unique sentence or paragraph from your work (for example, an article or product description) and paste it into the search box with inverted commas (“your unique phrase”).
  • The search engine will show sites where this exact phrase occurs. The
  • title of your work combined with your name/pseudonym/brand: e.g. “My Book Title” + “Author Name”.
  • Parts of code or unique snippets of other types of content if they can be presented in text form for search.
• Browse relevant resources: If your work deals with a particular topic, regularly browse popular websites, blogs, forums, and social networks dedicated to that topic. That’s probably where an illegal copy will end up.
• Title search: Look for the titles of your articles or publications.

Searching on your own takes time and systematicity. It may be effective for detecting direct copying of text or obvious use of the title of a work, but may miss partial use or more complex cases.

3.2 Using online services to check uniqueness and search for copies

To detect unauthorised copying of text content, there are specialised online services that automate the search process.

• Text uniqueness checking services (anti-plagiarism services): These tools allow you to upload your text (article, term paper, description) and compare it with billions of documents on the Internet and databases. They show the percentage of uniqueness and the sources from which the text was copied. Examples of such services are Unicheck, StrikePlagiarism, Grammatically (although it focuses more on grammar, some versions have plagiarism checking features), Copyscape (more focused on web content).
• Text copy search services: Some tools specialise specifically in finding exact or modified copies of your text on the web. They can provide reports listing URLs where matches have been found.

The use of such services significantly speeds up the process of detecting plagiarism and unauthorised copying of text compared to manual searches. They are an important tool in the system of combating plagiarism in the online environment.

3.3 Specialised tools for finding illegally used images or videos

Detecting illegal use of visual and audiovisual content also has its own specialised features and tools.

• Reverse image search: Search engines (e.g. Google Image, TinEye) have an image search function. You can upload your photo or paste a link to it, and the search engine will find visually similar images online. This is a great way to discover where else your photo is being used.
• Specialised image monitoring services: There are paid services that offer more comprehensive monitoring of the use of your images online.
• Monitoring video platforms: To identify illegally uploaded videos (your films, video clips, copyright videos), you should monitor popular video hosting sites (YouTube, Vimeo, etc.) and other platforms where videos may be hosted. Some platforms have their own tools for rightsholders (e.g. Content ID on YouTube) that help to automatically identify the use of your content.
• Monitoring file-sharing networks and torrents: Specialised monitoring tools can be used to detect the illegal distribution of audio and video works via file-sharing services and torrent trackers.

Combining manual monitoring with the use of automated services and specialised tools for different types of content can create an effective system for detecting copyright infringement on the Internet.

Section 4: Algorithm of actions when an infringement is detected

Have you discovered that your work – text, photo, video or music – is being used online without your permission? Don’t panic, there is a sequence of steps to help you respond effectively and protect your rights.

4.1 Securely recording evidence

This is the first and most important step. Online content can be changed or removed quickly, so it is critical to document the infringement as quickly and as completely as possible. Without proper evidence, your next steps will be difficult or even impossible.

• Take screenshots: Take screenshots of web pages where your content has been posted without authorisation. The screenshot should show: the illegal content itself, the full URL of the page, and the date and time the screenshot was taken. Save screenshots in a format that captures this information (e.g. PNG or JPG).
• Save web pages: Use the browser functions (“Save As” > “Web page, complete”) or specialised online services to save a complete copy of a web page to your computer. This will allow you to have an offline version of the page in case it is altered or deleted.
• Record video: If the violation involves video or audio that plays on the site, make a screen recording showing the content playing, the page address, and the time of the recording.
• Notarise: To maximise the validity of the evidence, especially if you plan to go to court, you can have the content of the web page notarised. The notary will officially inspect the page and prepare an inspection report stating the content, URL and time of inspection. This is reliable and indisputable evidence of the fact that content was posted on a particular web page as of a specific date and time.

Reliable recording of evidence is the first and most important step. The success of further actions depends on its correctness. In order to be sure of the legal force of the collected evidence, especially if a court defence is planned, it is worth seeking professional help from lawyers.

4.2 Identifying the perpetrator or administrator of the resource

Once the evidence has been recorded, an attempt should be made to identify the person or organisation that committed the infringement, or at least the administrator of the resource where the illegal content was posted.

• Search for contact information on the site: Look through the “Contact Us”, “About Us”, “Project”, and “Terms of Use” sections of the offender’s site. There may be the owner’s name, company name, email address, or phone number listed there.
• Using WHOIS services: Enter the domain name of the offender’s website into a WHOIS service (there are many available online). This will provide information about the domain name registrar, the date of registration, and sometimes the domain owner’s contact details (although this data is often hidden due to privacy services).
• Search in social networks and open registries: Try to find information about the owner of the website or the person associated with the publication by name or company name in social networks or open state registries (e.g., the register of legal entities and FLPs in Ukraine).
• Hosting provider identification: If the identity of the infringer cannot be established, it is possible to identify the website hosting provider (the company providing website hosting services) using specialised online services. Contacting the hosting provider is one of the most effective enforcement mechanisms.

Identifying the perpetrator can be difficult, especially if proxy servers or anonymisation services are used. However, it is worth trying to get at least the contact details of the resource administrator or hosting provider.

4.3 Preparing and sending a formal claim (demand) for cessation of infringement

The next step after recording the evidence and attempting to identify the infringer is to send a formal written demand (claim) for cessation of copyright infringement. This is the stage of pre-trial settlement.

The claim must clearly and unambiguously state:

• Your data as the right holder.
• Information about the infringed work (title, date of creation/publication, possibly copyright registration number).
• The nature of the infringement: what content, where and how it is used without authorisation. Provide links to the web pages where you found the infringement.
• Legal justification: references to legal provisions that confirm your copyright and the fact of its infringement.
• Clear demands: stop using the content immediately, remove it from the web page/resource, possibly pay compensation (if you request it at this stage).
• A deadline for compliance (usually 5-15 days).
• A warning about possible further actions in case of non-compliance (appeal to the court, law enforcement authorities).

The claim should be sent by registered mail with return receipt (if the physical address of the offender is known) or to all available email addresses (including the contact form on the website, if available). Keep proof of sending the claim. This will confirm your attempt at a pre-trial settlement. Knowing how to deal with infringements, starting with a claim, is an important legal skill.

4.4 Interacting with the hosting provider or administration of the platform hosting the infringement

If the offender has not responded to the complaint or cannot be identified, you can contact the hosting provider of the website or the administration of the online platform where the infringement was posted.

• Contacting the hosting provider: Find the contact details of the offender’s website hosting provider (usually through WHOIS or specialised services). Send them a complaint (notice of infringement), providing proof of your rights and the fact of infringement. Hosting companies are usually obliged to respond to such complaints and may temporarily block the site or require their client (the site owner) to remove the content in question.
• Use of online platforms’ procedures (e.g. DMCA): Most major online platforms (YouTube, Facebook, Instagram, Twitter, Google Search, marketplaces, app shops) have their own mechanisms for handling complaints from rights holders. These procedures are often based on the principles of the US DMCA (Digital Millennium Copyright Act), which provides for a “notice and takedown” mechanism. You file a formal complaint via a special form or the platform’s email address, providing evidence of your rights and links to the infringing content. If the complaint is justified, the platform may remove the content or block access to it.

Dealing with online platforms and hosting providers requires knowledge of their policies and procedures. To respond effectively and quickly, such as sending DMCA or other content removal requests, you can seek professional legal assistance. This will allow you to act promptly and legally.

Section 5: Ways to Settle a Dispute and Protect Rights

Once you have discovered online copyright infringement, documented the evidence, and possibly filed a complaint, there are a variety of paths from peaceful negotiation to full-blown litigation. The path you choose depends on the seriousness of the infringement, the identity of the infringer, and your goals.

5.1 Negotiations and attempts at pre-trial conflict resolution

Even after sending a formal complaint, negotiations with the offender remain an important tool for resolving the dispute. Often the parties can reach an agreement without involving the court, which saves time, money and resources.

• Direct negotiation: You can contact the infringer (if identified) or the administration of the resource and try to negotiate terms to stop the infringement. The aim of the negotiations may be voluntary removal of the content, a licence agreement (if you are prepared to grant permission for use), compensation for the use already made, or other terms that both parties agree upon.
• Mediation: In more complex cases, you can turn to mediation, a dispute resolution procedure involving an independent mediator (mediator) who will help the parties find a mutually acceptable solution.

Pre-trial settlement has a number of advantages: it is usually quicker than litigation, less costly, confidential and can help preserve business relationships. An agreement reached at this stage can be formalised in a written agreement that will be legally enforceable. It is important to negotiate in writing or record the results of negotiations in order to have evidence of agreements reached or, conversely, of the offender’s refusal to make contact.

5.2 Contacting relevant organisations or associations

In some cases, especially if you are a member of a trade union, a creative association or a collective management organisation (CMO), you can ask them for help.

• Collective Management Organisations (CMOs): If your proprietary rights in a work have been transferred to a CMO, it is this organisation that can detect and stop infringement on your behalf, as well as collect and distribute remuneration for the use of your works. CMOs are experienced in engaging with content users and may have effective enforcement mechanisms in place.
• Professional associations: Some creative or industry associations may provide their members with advocacy advice, assistance in drafting documents, or even have legal services specialising in such issues.
• Online resources and initiatives: There are also community initiatives and online platforms dedicated to anti-piracy and online rights protection that can provide information support or advice.

Contacting such organisations can be a useful source of information, support and possibly direct assistance in resolving a dispute.

5.3 Judicial defence: filing a lawsuit, evidentiary basis

If pre-trial methods have failed, or if the breach is extensive and has caused significant damage, the most effective and enforceable way to protect your rights is to go to court. Judicial defence provides an opportunity not only to stop the infringement, but also to obtain compensation for the damage caused.

• Filing a Statement of Claim with the Court: The legal process begins with the preparation and filing of a statement of claim with the appropriate court. Copyright cases may be heard in local general courts (if the dispute arises between individuals) or in commercial courts (if the dispute arises between legal entities or individual entrepreneurs). The statement of claim sets out in detail the circumstances of the case, the legal basis for the claims, references to evidence and specific requirements for the court.
• Proving the fact of infringement and your rights: In court, it is the plaintiff (you, as a copyright holder) who must prove two key facts: that you are the subject of copyright on the work, and that the defendant has committed acts that are an infringement of your rights. All the evidence you have collected (fixation of the infringement, copyright certificate, if any, documents confirming the creation of the work, proof of sending the claim, etc.) will come in handy here. The presence of a copyright certificate greatly simplifies the process of proving authorship, creating a presumption.
• Claims:In court you can demand
  • : Recognition of the fact of copyright infringement
  • . Termination of infringing actions (for example, to oblige the defendant to remove the content).
  • Compensation of material damage (actual losses and/or lost profits) or recovery of compensation.
  • Ukrainian law provides for the possibility of collecting compensation in a fixed amount (often from 10 to 50 thousand minimum wages for each infringement instead of proving damages), which greatly simplifies the process, especially in cases where real damages are difficult to calculate
  • .Taking measures to secure the claim (e.g., temporarily blocking access to the content during the trial).
  • Seizure and destruction of infringing copies of the work and the equipment used to produce them.

Judicial defence of intellectual property rights is a complex legal process that requires professional knowledge and experience. In order to effectively represent your interests in court and defend your rights, you should seek the assistance of Polikarpov Law Firm lawyers who specialise in intellectual property.

Section 6: The Role of Professionals

As we have seen, the process of online copyright protection can be multi-stage and requires knowledge of the legal nuances, technical aspects and procedures for interacting with various online services and authorities. Not always the author or copyright holder has enough time, experience or knowledge to go through this process on their own. This is where qualified specialists – experienced intellectual property lawyers, such as Polikarpov Law Firm, or patent attorneys – can help. 

6.1 Advice on defence strategy

The first and often the most important step in co-operating with a specialist is to obtain qualified advice. A lawyer or patent attorney can help you:

• Assess the situation: Analyse the available evidence of infringement, the type of infringement, the potential harm and the identity of the infringer (if known).
• Determine Rights: Check your copyright status, registration (if any), and other legal aspects that confirm your rights to the work.
• Develop an optimal defence strategy: Based on the circumstances of your case, the expert will recommend the most effective course of action – whether to start with a pre-trial claim, approach the platform through the DMCA, or prepare materials for court. The choice of strategy depends on many factors, including your goals (to stop infringement, to obtain compensation), budget and readiness for lengthy processes.

Consultation with a specialist allows you to get a clear understanding of your options and plan an effective online copyright defence, saving time and avoiding mistakes.

6.2 Assistance in gathering evidence and recording infringements

As we already know from Section 4, reliable recording of evidence is fundamental. Professionals have the knowledge and experience to help you properly collect and record evidence in a legally compliant manner.

• Professional fixation: Lawyers know what kind of screenshots are needed, what information must be fixed (URL, date, time), how to store web pages to make them legally valid.
• Organisation of notarisation: If it is necessary to obtain the most reliable evidence for the court, the specialist will organise the procedure of notarisation of the content of the web page, which is an official and indisputable proof of the fact of posting content on a certain web page as of a specific date and time.
• Gathering additional evidence: A lawyer can help gather other necessary evidence, including documents proving your authorship and rights, evidence of dissemination of the infringement, and potential evidence of the extent of damages.

Skilled assistance at the evidence gathering stage greatly increases the chances of success in further dispute resolution or litigation.

6.3 Representation of interests in negotiations, before the administration of the platforms and in court

One of the main advantages of hiring specialists is their representation of your interests at all stages of the defence process.

• Interaction with the infringer: A lawyer can handle all communication with the infringer, including drafting and sending formal complaints, negotiating a cessation of the infringement and reaching a settlement. Professional communication is often more effective.
• Interaction with online platforms and hosting providers: Specialists know the specific procedures and requirements of different platforms (DMCA notices, complaint forms). They can competently draft and submit a request for content removal, increasing the likelihood of a favourable response.
• Representation in court: Litigation requires in-depth knowledge of procedural law, the ability to properly draft statements of claim, submit evidence, participate in court hearings, argue your position and respond to your opponent’s arguments. A lawyer will represent your interests at all stages of the proceedings, making maximum use of legal tools to protect your rights and achieve the desired result (for example, termination of the infringement and recovery of compensation).

Turning to the lawyers of Polikarpov Law Firm, you can be assured of a competent and effective defence. Involvement of specialists allows the author to concentrate on creativity, entrusting complex legal procedures to professionals who have the necessary experience and knowledge to effectively protect his rights on the Internet.

Conclusion

In the era of digital distribution of content, effective online copyright protection is an urgent need for every creator. As we have seen, online copyright infringement has taken ona significant scale and manifests itself in various forms, from simple copying of text to illegal distribution of audiovisual works.

To successfully counter these threats, a comprehensive approach is required. It includes preventive measures that help minimise risks and make life more difficult for violators , as well as a clear algorithm for how to deal with violations when they are detected. Reliable recording of evidence, proper communication with the perpetrator and resource administration, and, if necessary, legal action are key steps in the response.

Effective fight against plagiarism and other types of illegal use of content online requires timely response and readiness to assert one’s rights. Given the specifics of the online environment and legal nuances, the involvement of qualified professionals can significantly increase the chances of success. Remember: your rights matter, and they can and should be protected.