An infringement notice is a notice that informs someone that they have violated a law or regulation. The type of infringement notice can vary depending on the context. Here are some examples:
-
Copyright Infringement Notice: This type of notice is sent when someone has used copyrighted material without permission. The notice should clearly identify the alleged infringing work and show proof that the sender owns the copyrights or represents the party who does. If the letter cannot prove ownership of the copyright, it is invalid, and no further action is necessary. If you think there may be a problem, consider talking to an attorney or replying to the letter to sort out the facts. Once you locate the copyrighted work in question, determine where you got it. If its on your site, that should be fairly easy, but if its on someone elses site that you are hosting, inform them of the notice and ask them to show you where the work came from. Whether you determine that copyright infringement exists or you can prove that you had permission or the work is yours, reply to the notice. Your reply can be as simple as informing them you have removed the infringing content or a receipt from Shutterstock attesting to the license to use an image. If you fail to respond to a notice, you may be sued. Copyright infringement penalties can be civil and criminal and include:
- Statutory damages
- Actual damages
- Profits made from the infringement
- Attorneys fees
-
Infringement Notice for Traffic Offences: This type of notice is issued on the spot, or sent by email or post, for offences such as speeding, parking illegally or toll evasion. The infringement notice contains information about the alleged offence and fine amount. When issued with an infringement notice, you will have 28 days to pay the whole fine according to the instructions on the notice or enter into a voluntary instalment plan with the agency that issued the notice if your fine is at least $200. If you disagree, you can dispute it with the agency that issued the notice or ask to have the offence heard by a court. If you do not act by the due date on your infringement notice, the agency that issued the notice can refer it to the State Penalties Enforcement Registry (SPER), and we will issue an enforcement order. The order includes a registration fee of $78.20 and a new due date. You may also be prosecuted in a magistrates court. If you do not act by the due date on the enforcement order, we will take one or more enforcement actions against you.
-
Infringement Notice for Other Offences: This type of notice is issued by a regulatory agency setting out the particulars of an alleged contravention of an offence or civil penalty. The notice should clearly identify the alleged offence and show proof that the sender has the authority to issue the notice. If you receive an infringement notice, you will have a certain amount of time to pay the fine or dispute the notice. If you do not act by the due date on your infringement notice, you may be subject to additional penalties.
It is important not to ignore infringement notices. ...
