How do I file a copyright infringement lawsuit?

Filing a copyright infringement lawsuit in Delaware requires a few steps. First, you must file a complaint in the United States District Court for the District of Delaware. This complaint must contain a statement of your claim for copyright infringement. It should include a description of the copyrighted work that is being infringed, the facts that you believe constitute the infringement and the relief that you are seeking. After filing the complaint, you must pay a filing fee, either $400 or $350 depending on the type of copyright infringement claim. Once the complaint is filed, the court will issue a summons informing the defendant of the lawsuit. The defendant must then answer the complaint and file the answer with the clerk of the court. If the defendant does not answer within the allotted time frame, you may be able to obtain a default judgment in your favor. If the defendant answers the complaint, there will be a discovery period. During this period, the parties will exchange evidence and documents and take depositions of witnesses. Following the discovery period, the parties will submit settlement offers and/or attend a court hearing to present their arguments. If a settlement is not reached, then a trial will occur. During the trial, the jury will determine if copyright infringement has occurred and the amount of compensation you are due. If the jury finds in your favor, the court will issue a judgment and the defendant will be required to pay the damages you are due.

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