If your song, film, book, photo, software program, or other work appears in an unauthorized download or file-sharing listing, preserve the proof before asking anyone to remove it. For a U.S. claim, a DMCA notice can request removal of material stored by a service, but the notice itself does not award damages or automatically identify the person behind an IP address. A money claim generally belongs in federal court or, if eligible, before the Copyright Claims Board (CCB).

A download is not automatically unlawful. A license, authorized access or purchase, public-domain status, fair use, or another defense may change the analysis. The information below is general U.S. information, not legal advice. Consider speaking with a copyright lawyer before demanding money or filing a claim.

Quick answer: What to do about an unauthorized digital download

  1. Confirm your rights. Make sure you own the copyright or control the exclusive right involved in the alleged copying, distribution, performance, or display.
  2. Preserve evidence first. Save the original work, registration records, exact URLs, screenshots, dates, technical details, and a record of how the material was collected.
  3. Identify where the material is located. A hosted file, a torrent-index listing, a peer-to-peer connection, and an IP address may involve different people and services.
  4. Send a complete DMCA notice. Direct it to the service hosting the material and its designated DMCA agent when there is an identifiable location.
  5. Consider a voluntary demand. A cease-and-desist letter can request removal and preservation of records, but it is not a court order.
  6. Choose the forum carefully. The CCB can handle eligible claims totaling no more than $30,000. Federal court is the route for broader remedies, subject to registration, jurisdiction, venue, and procedural requirements.

Do not describe the maximum statutory award as an automatic penalty. A court or the CCB decides whether an award is available and what amount is justified.

Confirm who owns the relevant rights

Copyright enforcement starts with the relevant right, not with a screenshot. A creator may have transferred reproduction, distribution, or enforcement rights to a music publisher, record label, distributor, employer, or another party.

Review the agreements covering the work and ask:

A person authorized to send a notice is not necessarily the person who can bring every infringement claim. The agreement may give different parties control over notice, licensing, distribution, or litigation.

The Copyright Office's FAQ addresses ownership transfers and registration questions, including musical works and sound recordings. If you do not control the relevant right, a complaint filed in your name could face a standing challenge.

What an unauthorized download may involve

Section 106 of the Copyright Act gives copyright owners several exclusive rights. Depending on the facts:

The facts still matter. A file obtained under a valid license is not automatically infringing because it was downloaded. A lawful purchase or authorized access may change the analysis, but it does not answer every copying question by itself.

The Section 117 exception for archival copies is narrow. According to the Copyright and Digital Files FAQ, it generally concerns lawfully owned computer programs under specific conditions. It does not create a general right to make backup copies of downloaded music, films, or other copyrighted works.

Preserve evidence before sending a takedown

Online material can disappear after a notice, account closure, or platform change. Capture and organize the record first, while you can still access it lawfully and without intrusive monitoring.

Evidence What to preserve
Your work The original file, source files, creation records, metadata, and prior authorized publications
Ownership Registration certificate, application or correspondence, assignment, license, publishing, or distribution agreement
Allegedly infringing material Exact URL, account name, listing, file name, torrent identifier, screenshots, and a description of what matches your work
Timing Date, time, time zone, and the method used to observe or download the material
Technical details IP address, port, file hash, access logs, and investigator notes when lawfully collected
Context Pricing, captions, account details, license terms, comments, and surrounding page content
Communications Notices, replies, platform tickets, and any admission or explanation from the other party

A screenshot should show enough context to explain what appeared, where it appeared, and when it was captured. Keep the original capture and make a separate copy for highlighting or redaction. Do not edit the original, change its metadata, or rely only on a file's modified date.

Keep a simple collection log

For each important file, record:

Store originals in a read-only location and work from copies. A hash can help show that a file stayed unchanged after collection, but it does not prove who uploaded the file, who controlled an account, or who owned the copyright.

Federal Rule of Evidence 901 generally requires enough information to support a finding that evidence is what the proponent claims it is. Be prepared to explain how a screenshot, log, or downloaded file was obtained. If a peer-to-peer investigation is necessary, use a lawful, documented collection method and consider a qualified investigator rather than attempting intrusive monitoring.

An IP address is a lead, not a complete identity. Shared Wi-Fi, public networks, household accounts, business connections, and VPNs can create a gap between the subscriber and the person who downloaded or shared the file.

Send a DMCA notice to the right service

A DMCA notice is mainly a removal tool. It works best when the unauthorized material is stored at a specific, identifiable location controlled by a service provider. A notice directed to a broadband provider usually will not remove a file from a third-party service or compel the provider to disclose subscriber information.

Find the service's designated DMCA agent through its copyright or legal page or the DMCA Designated Agent Directory. Use the provider's required form when one exists. For material stored at a user's direction, a notice under Section 512(c)(3) should include:

  1. A physical or electronic signature of the copyright owner or authorized agent
  2. Identification of the copyrighted work
  3. Identification of the material to be removed and information sufficient to locate it
  4. Your contact information
  5. A good-faith statement that the use is not authorized by the owner, agent, or law
  6. A statement, made under penalty of perjury, that the information is accurate and that you are authorized to act

The Georgetown University Library's DMCA checklist provides a useful summary of these required elements.

Identify each URL or file precisely. A home page, search term, IP address, or general accusation may not give the provider enough information to locate the material. If the work appears on a torrent index but is shared through peers, identify the listing and any other specific locations you can document; removing an index page will not necessarily remove copies held elsewhere.

Send only statements you can support. Knowingly material misrepresentations can create legal risk.

Basic DMCA notice structure

Subject: DMCA notice for unauthorized use of [work title]

I am the copyright owner or an authorized agent for the work described below.

Copyrighted work:
[Title, type of work, registration information if available]

Infringing material and location:
[Exact URL or other location]
[Explain how the material reproduces, distributes, displays, or performs the work]

Contact information:
[Name, address, telephone number, and email]

I have a good-faith belief that the use described above is not authorized by the copyright owner, the owner's agent, or the law.

Under penalty of perjury, I state that the information in this notice is accurate and that I am the copyright owner or authorized to act for the owner.

[Physical or electronic signature]
[Date]

Keep a copy of the notice, delivery confirmation, and the provider's response. You can ask the provider to preserve relevant account or access records, but do not assume that a takedown notice itself preserves evidence. Some providers may have a counter-notification process, so removal may not be permanent.

A cease-and-desist letter is optional

There is generally no requirement to send a cease-and-desist letter before filing a copyright claim. It may be useful when the recipient is identifiable and you want voluntary removal, a license discussion, or preservation of records before escalating.

The letter should state:

Do not demand that the recipient destroy evidence if litigation is reasonably anticipated. Ask the person to stop making the work available and preserve relevant records instead. Do not threaten prison or claim that $150,000 is automatically owed.

[Date]

Re: Alleged unauthorized use of [work title]

I am [the copyright owner / authorized representative] for [work title]. On
[date and time zone], I observed [specific URL, account, or file] containing
material that appears to reproduce or distribute the work without permission.

Please stop copying, distributing, or making the material available. Please also
preserve relevant files, account information, and communications. If you believe
you have a license or other authorization, please identify it in your response.

Please contact me at [contact information] by [date]. This letter is a request
for voluntary action and is not a court order. I reserve any rights and remedies
available under applicable law.

[Name and signature]

Have a lawyer review a letter that demands payment, addresses several works, or involves a disputed license.

Compare the available complaint routes

Route Main purpose Important limit
DMCA notice Request removal from a hosting service Does not award money or automatically identify an ISP subscriber
Direct demand Seek voluntary removal, preservation, or settlement The recipient does not have to agree
CCB claim Resolve an eligible copyright dispute through an alternative to federal court Total damages cannot exceed $30,000
Federal lawsuit Seek damages, an injunction, discovery, and other federal remedies More formal, costly, and demanding; registration, venue, and jurisdiction matter

CCB claims

The Copyright Claims Board FAQ says the CCB can resolve eligible copyright disputes up to $30,000 in total. Statutory damages are limited to $15,000 per infringed work and, in some situations, $7,500 per work. When total damages sought do not exceed $5,000, excluding attorney's fees and costs, a claimant may be able to request the CCB's smaller-claims procedures.

The CCB is not simply a smaller version of every federal remedy. Check its eligibility rules, filing requirements, and available remedies before choosing it. A respondent who does not want to participate can generally opt out using the served notice and code within the 60-day opt-out period described by the CCB's opt-out instructions.

Federal court

Federal court may be appropriate when the claim involves substantial damages, repeated conduct, a need for broader discovery, or a remedy unavailable through the CCB. Copyright jurisdiction generally comes from 28 U.S.C. 1338, while the infringement claim is usually brought under 17 U.S.C. 501.

Before filing:

  1. Check registration. For most U.S. works, confirm that the work has been registered or that the Copyright Office has refused registration before filing an infringement action. Registration timing can affect statutory damages and attorney's fees.
  2. Confirm the plaintiff. Make sure the named plaintiff owns the work or has the exclusive rights needed for the claim.
  3. Organize the facts. Tie each defendant, URL, account, IP address, date, file, and act to a particular work.
  4. Check jurisdiction and venue. The court must have authority over the defendant and dispute, and the chosen district must be a proper place to sue.
  5. State the claim clearly. Identify the copyrighted work, ownership, registration status, right allegedly violated, and facts supporting unauthorized copying or distribution.
  6. Request realistic relief. Depending on the evidence and eligibility, relief may include actual damages, the defendant's attributable profits, statutory damages, an injunction, costs, and possibly attorney's fees.

A complaint should not simply say that an IP address downloaded a file. It should explain how the work was identified, how the conduct was observed, why the conduct appears unauthorized, and why the court can hear the case.

Using a John Doe defendant and an ISP subpoena

Some copyright plaintiffs file against a temporarily unidentified John Doe defendant when they have an IP address but not a name. That filing does not automatically permit a subpoena to the internet service provider.

The plaintiff usually must ask the court for early discovery and show good cause under Rule 26(d), then use an authorized Rule 45 subpoena or another permitted process. Courts can apply different standards. A motion may need to connect a specific IP address and time to plausible infringement, explain why the information is necessary, and address whether the court has jurisdiction over the unidentified person. The court may limit the request, require notice, or allow the subscriber to object.

An ISP response can identify the subscriber associated with an account. It does not by itself prove that the subscriber personally downloaded, uploaded, or controlled the file. Verify the information with additional evidence before naming a defendant or demanding money.

Understand the damages limits

Federal copyright law provides two main damages paths when they are available:

Remedy Possible amount What to prove
Actual damages and profits No fixed federal statutory ceiling Lost income, license value, and profits attributable to the infringement
Federal statutory damages Generally $750 to $30,000 per infringed work Infringement and facts supporting a statutory award
Willful federal infringement Up to $150,000 per infringed work Facts supporting a finding of willfulness
Innocent infringement reduction Potentially as low as $200 per work Facts supporting an innocent-infringement finding
CCB statutory damages Up to $15,000 per work, with lower limits in some situations; $30,000 total maximum Eligibility and facts supporting the claim

A court, not the claimant, determines the award. Statutory damages are generally measured by infringed works, not automatically by every download, click, or recipient. The number of works can be disputed when files are albums, collections, versions, or bundled material.

Statutory damages and attorney's fees may also depend on registration timing and other requirements. Do not promise a particular award before checking those requirements and the available evidence.

Willfulness is a factual issue. A complaint should allege supporting facts rather than simply label conduct willful. Repeated conduct, prior communications, removal of copyright notices, or continued activity after a clear notice may matter, but no single fact guarantees the higher award.

A private copyright complaint is a civil case. It is not a criminal prosecution, and a demand letter should not promise imprisonment or government enforcement.

If you received a download complaint

A notice, email, or ISP letter is not the same as a court judgment. First determine what you received:

Save the message and attachments, verify the sender independently, and do not make further copies or share the disputed material. Do not delete relevant records if a dispute or lawsuit is reasonably foreseeable.

If you had permission, a valid license, or believe the wrong work was identified, gather those documents and use the platform's counter-notification process when appropriate. Never submit a false statement under penalty of perjury.

If a CCB notice was served, review the 60-day opt-out deadline. If you received federal court papers, use the deadline stated in the papers and applicable court rules rather than relying on a general online guide. A lawyer can help assess jurisdiction, defenses, settlement, and response options.

Common mistakes that weaken a digital download complaint

Final filing checklist

Before sending a notice or filing a complaint, make sure you have:

Start with a dated evidence folder: preserve the original captures, record the URLs and time zone, and assemble the agreements that establish your rights. Once the rights and material's location are verified, send a precise removal notice or voluntary demand. If you want money or need to identify a person behind an IP address, get advice on registration, discovery, jurisdiction, and forum before filing.