What to do in case of plagiarism or another unauthorized use of our content

The infringement of copyright is a growing and complex problem in the digital age. Discovering that a third party is benefiting from your work, design or composition without permission causes a mix of helplessness and indignation, but yielding to that initial reaction is rarely the best option. The success of a claim does not depend on who is right, but on who can prove it; thus, in such cases, the key is to focus on the strategy of evidence.

The documented cases in 2025 highlighted the diversity of situations where this conflict can arise. For example, CEDRO reported that over 50,000 protected Spanish books were used to train AI models, affecting numerous authors and triggering a debate about the so-called 'compensation for training'. In the music sector, the Spanish group Angelslang filed a lawsuit against the Rolling Stones, accusing them of plagiarizing two songs based on previously presented demos, a scenario where it is essential to conclusively demonstrate access to the original work. These situations are not isolated cases. According to the latest report from the 2024 Piracy Observatory, illegal access to content in Spain has surged after nearly a decade of decline, causing an economic damage to the cultural industry of over 3.03 billion euros. Music tops the losses, followed by the publishing sector and cinema. In addition, the emergence of artificial intelligence (AI) could reduce creators’ income by up to 28% by 2028 if no compensation mechanisms are established for algorithm training, as noted in a study by the General Society of Authors and Editors (SGAE).

Moreover, just in the first four months of 2025, CEDRO removed over 670,000 links to illegal copies of books, newspaper articles, and sheet music. Given this scenario, it is useful to have a practical guide on how to act in the face of unauthorized use of a work. Although the internet offers tools to tackle these situations on your own, it is a complex area where the advice of a lawyer specialized in intellectual property can prevent errors that could ruin the claim.

The 24 Hour Rule

First of all, self-control is essential to avoid acting impulsively and alerting the infringer, giving them time to cover their tracks. Furthermore, the need to respond immediately can also create legal risks for the author themselves. “Publicly exposing a person or company accusing them of plagiarism without a solid evidentiary basis can lead to defamation lawsuits and negatively affect the legal strategy,” warns Helena Suárez, a partner in intellectual property at ECIJA. Therefore, before making the case public on digital platforms, it is advisable to wait 24 hours and act with a strategic mindset.

Assessing the Extent of Plagiarism

Before taking any action, it is essential to assess the situation and understand what is truly protected by law. As Suárez explains, “the starting point is to check for substantial appropriation of the expression of the work, not of ideas, concepts, themes, or styles. When the similarity is conceptual or merely aesthetic, it is hard to talk about plagiarism.” In other words, a similarity does not always constitute plagiarism from a legal standpoint. In fact, she points out that “in practice, a significant proportion of cases do not reach the courts because the evidence is insufficient or because the cost of litigation is disproportionate.” Therefore, before embarking on a legal battle, it is advisable to analyze three factors:

• Strength of Evidence. This involves demonstrating a relevant similarity and that the infringer had access to the original work.
• Extent of Economic or Reputational Damage. You cannot compare a copied paragraph from a blog with the case of the illicit exploitation of the Pasapalabra format by Mediaset, which resulted in a ruling of 45 million euros in favor of the production company ITV Studios.
• Proportionality. Assess whether the effort, time, and cost of the procedure are worth it for the potential outcome.

In sectors such as music, design, or software, the intellectual property expert warns of an aspect that is often overlooked: the need for an independent expert report. “This type of report can be decisive in establishing the existence or absence of substantial similarity. Moreover, its cost and the time required to prepare it should be evaluated from the outset, as they can significantly influence the viability of the case.”

Prior Protection of Authorship

Although copyright arises at the moment of creation of the work, prior registration before publication reinforces its evidential value. Experts recommend combining various mechanisms:

• Intellectual Property Registry. This provides a presumption of authorship and a certified date.
• Generating solid technological evidence of authorship with international validity and allowing registration of previous versions or drafts.
• Notarial Deposit. This guarantees the preservation and immutability of the work.

Obtaining Evidence of Illegal Use

This is one of the areas where most errors occur. Often, the author contacts the infringer before securing the evidence, which can disappear within minutes; or relies on a simple screenshot, which has little evidential value in judicial proceedings. The evidence must capture the content, but also the date, location, and context. The most reliable tool for documenting the infringement, Suárez points out, is usually a “notarial report of findings on the Internet,” although when a work requires a more detailed analysis, a “specialized expert report” may be necessary. Alternatively, Safe Stamper allows for the rapid generation of sealed digital evidence. Once the evidence is secured, the claimant must decide based on their claim: recognition of authorship, immediate removal of the content, or financial compensation.

Seeking an Amicable Solution

In many cases, the infringer is not a professional plagiarist, but someone acting out of ignorance, under the false belief that “if it’s on the internet, it’s free.”

In this type of illegal use, which is usually not malicious, an initial polite and professional contact can resolve the dispute without severe consequences. A friendly email requesting the withdrawal of the content, correct attribution, or compliance with the license may be sufficient. However, it is advisable to keep a reliable record of this communication using, for example, the Safe Stamper Mail service.

Sending a Cease and Desist Letter

If the friendly approach doesn’t work, the next step is to formalize the claim through a cease and desist letter, in which tone and form are crucial. “When the letter is signed by a specialist lawyer, the recipient perceives that there is legal analysis behind it and a genuine desire to protect the author’s rights,” points out the ECIJA lawyer.

Moreover, she warns that communication should not be sent without legal supervision, as “an improvised message may include expressions, admissions, or arguments that compromise the future strategy or hinder the defense before the court. The letter should be precise, professional, and always reserve the right to take legal action.” In this way, the infringer is not only informed, but a clear legal position is also established.

Filing a Lawsuit

When the previous two measures do not yield results, the final option is to bring the case to court. In these litigations, the courts evaluate the economic damages — that is, the profits obtained by the infringer or the loss of income suffered by the claimant — as well as non-economic damages, which are analyzed on a case-by-case basis. It is a decision the author must carefully consider, as these procedures can extend for months and even more than a year, depending on their complexity. Additionally, the cost largely depends on the burden of proof and the possible involvement of experts.

These circumstances explain why many plagiarism disputes do not reach the courts. “After analyzing the available evidence and the associated costs, it is not always feasible to continue with the procedure,” concludes the specialist lawyer. Therefore, having a robust system to record and demonstrate authorship from the beginning is, in many cases, the best tool to achieve an agreement before the matter reaches the courts.

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