You just got a cease and desist accusing you of copyright infringement. Before you panic or respond, here’s exactly what to verify and how a copyright infringement defense actually works.

Attorney Jessica Eaves Mathews walks through the real first step when you’re accused of copying someone’s work: checking whether the accuser’s copyright is even registered, since that single fact determines whether they can sue you at all and how much they could recover. She covers the independent creation defense, what counts as willful infringement, why you should never ignore a cease and desist, and how to prevent this situation entirely with proactive registration and IP audits, now including AI use.

Covered in this video:

• Why registration status determines whether they can sue you
• Statutory damages versus actual damages and what’s at stake
• The access and substantial similarity test for infringement claims
• Independent creation as a complete legal defense
• Why stopping use immediately protects your position
• How to prevent future claims with registration and IP audits
• Why AI use now belongs in every IP audit