As a business owner, receiving a copyright notice of litigation or being named a defendant in a copyright infringement lawsuit can be a nerve-wracking experience. It is essential to know how to respond to such notices and Complaints to avoid any legal complications that could harm your business and spend unnecessary resources defending against such claims. In this article, we will discuss how to respond to a Charming Beats LLC copyright notice of litigation as well as a lawsuit should Chaming Beats have initiated such an action, usually with the assistance of lawyer Richard Garbarini and his law firm GARBARINI FITZGERALD P.C.
And this is a good point to note that if you have received a notice of litigation or had a lawsuit initiated against you or your business, then feel free to contact us about your particular matter. We keep all communications confidential, pride ourselves on quick and active responses, and do not charge for initial consultations.
What is a Charming Beats LLC Copyright Notice of Litigation?
A Charming Beats LLC copyright notice of litigation is a legal notice sent by Charming Beats LLC to inform an individual or business that they are infringing on Charming Beats LLC’s intellectual property (commonly copyright) rights. Charming Beats LLC is a company that produces music and other creative works and is entitled to protect its creations from unauthorized use.
When you receive a copyright notice of litigation from Charming Beats LLC, it means that they have detected that you are using their intellectual property, typically in the form of registered copyrighted content, without their permission. The notice will demand that you stop using their intellectual property immediately, or they may take legal action against you.
Such notice will often be written by Richard Garbarini of GARBARINI FITZGERALD P.C. and typically indicate the recording and composition, as well as the U.S. Copyright Registration number that has allegedly been infringed. It will take the position that it is aware of no license in place that allows you or your business to o synchronize, distribute, or publicly display the Copyrighted Track.
How to Respond to a Charming Beats LLC Copyright Notice of Litigation
The first thing you should do when you receive a copyright notice of litigation or summons from Charming Beats LLC is to take it seriously. Ignoring the notice or failing to respond could result in legal action against you. Ignoring a summons could result in a judgment being entered against you or your business. Here are the steps you should take to respond to a Charming Beats LLC copyright notice of litigation.
Step 1: Review the Notice Carefully
The first step is to review the copyright notice of litigation carefully. You should understand what Charming Beats LLC is accusing you of and what they are demanding. Take note of the deadline for your response, which is usually stated in the notice. Garbarini commonly provides a date and time by which a response should be issued. Consider telling the legal counsel that you are in the process of retaining a law firm and let that law firm, such as Heitner Legal, respond on your behalf.
Step 2: Assess the Situation
After reviewing the notice, you should assess the situation. Determine if you are actually using Charming Beats LLC’s copyrighted content without their permission. If you are, then you should stop using it immediately given the exclusive rights in copyrighted works established by Section 106 of the U.S. Copyright Act.
If you believe that you are not infringing on Charming Beats LLC’s copyrights, you should gather evidence to support your claim. This evidence could include proof that you have a license to use the intellectual property, proof that you created the work independently, or proof that your use of the intellectual property falls under fair use.
Step 3: Contact an Attorney
If you are unsure how to respond to the copyright notice of litigation or if you need assistance in preparing your response or answering a Complaint, it is recommended that you contact an attorney. An attorney can help you understand your legal rights and obligations and can draft a response on your behalf. Feel free to contact us using the link at the top of this article.
Conclusion
Receiving a copyright notice of litigation from Charming Beats LLC can be a stressful experience, but it is essential to respond to the notice in a timely and professional manner. Far too many articles we have seen say to ignore these types of notices, but that is possibly the worst advice you can receive. As of publishing this article, Charming Beats LLC has filed more than 60 lawsuits in various federal courts across the country. Charming Beats LLC and its lawyers are not afraid to file if these notices are ignored.