Worth noting: this covers the US position. If you are based elsewhere, some of the registration details will be different, though the core principles around evidence and ownership apply wherever you are.
1. The work has to qualify for copyright protection
Copyright protects original works of authorship that have been fixed in a tangible form. For most artists reading this, that threshold is not the problem. Illustrations, paintings, surface designs, digital artwork, photography and graphic work all qualify.
The work does not need to have been published, sold, or registered to be protected. It just needs to exist in a fixed form and be original to you.
2. There has to be a provable link between you and the work
This is where most artists feel uncertain, and it is worth spending a moment on. A case is built around evidence that connects you to the creation and public use of the work. That does not require a solicitor or a formal process. It requires records.
The most useful things to have:
- Original files with creation dates, including working files and exports
- Upload history and timestamps on platforms where you published the work
- Portfolio pages showing the work over time
- Sales history tied to the design
- Consistent attribution under your name or brand across platforms
Most working artists have more of this than they realise. The gap is usually organisation rather than evidence itself.
3. The infringement has to be identifiable
A case needs clear targets. Vague concerns about someone copying your style are difficult to act on. Specific listings with URLs, seller identifiers, and product images are not.
What makes infringement identifiable:
- Listing URLs for each infringing product
- Full-page screenshots of the listing pages
- Seller or storefront names and profile URLs
- Product images clearly showing the unauthorised use of your work
If you are seeing multiple sellers, the record needs to show repetition across them, not just individual instances. See One Design, Many Sellers: Why Copies Multiply So Fast for guidance on documenting at that scale.
4. US court action requires copyright registration
In the United States, a copyright owner generally cannot file an infringement lawsuit until the Copyright Office has processed the registration application, whether that ends in registration or refusal. You own the copyright without registering, but you need registration on record before court action can begin.
This matters for timing. If your work is not yet registered and infringement is already happening, registration becomes an early step in the process rather than something you do in advance. Edwin James IP handles this as part of building the case, so it does not have to fall to you.
5. There has to be a way to reach the seller’s money
Counterfeit sellers move fast and rely on account churn. By the time a standard complaint is processed, a seller may have closed one account and opened another. That is a deliberate tactic, not a coincidence.
Court orders can change that dynamic. A temporary restraining order can freeze a seller’s marketplace funds before they can be withdrawn, which gives the case real leverage. Getting to that point requires the evidence conditions above to be met, but when they are, it is one of the more effective tools available.
6. The scope has to match the strategy
Some situations involve one seller and one listing. Many involve repeat networks, cloned storefronts, and the same design appearing across multiple platforms simultaneously. Those are different problems and they need different approaches.
The evidence plan, the legal mechanisms used, and the realistic outcomes all change depending on scale. Getting an honest read on scope early saves a lot of wasted effort later.
What to do right now if you think you have a case
You do not need to have all of this in place before reaching out for help. But the more of it you can pull together, the faster any conversation moves.
- Save listing URLs and full-page screenshots for each infringing product
- Save seller storefront URLs and screenshots of their product grids
- Organise files by design, with subfolders by platform if multiple sellers are involved
- Keep a simple log of dates found
- Gather any original files, working files, or dated exports that connect you to the creation of the work
For a broader checklist of what to have in place before something goes wrong, see the Artist Protection Checklist.
Not sure whether your situation qualifies?
That uncertainty is one of the most common reasons artists do not act, and it is exactly the kind of question we can help with. At Edwin James IP we work with artists to assess what they have, identify the gaps, and take on the work of stopping counterfeit listings and recovering earnings. You do not pay unless we succeed and never out of pocket.
Get in touch and we will give you a clear read on where things stand.