How Can a Music Artist Defend Their Copyright in a “Copyright Infringement” Dispute? A Practical Guide Inspired by Alex’s Fictional Case

This article is for information only and does not constitute legal advice. Concrete cases must always be analysed individually together with a lawyer qualified in copyright and intellectual property disputes.

Imagine you are an independent artist and, on a seemingly normal morning, you receive an e-mail accusing you of “copyright infringement”. The subject line mentions “unauthorized use of a musical work”, the sender is a record label you have never dealt with, and the message ends with a threat of legal action unless you “solve the matter amicably”.

This is exactly what happens, in a fictional scenario, to Alex – a songwriter and performer who built his career online, releasing songs on streaming platforms and social media. His story is invented, but the legal and practical questions are very real and extremely common in the music industry.

This guide uses Alex’s case as a narrative thread to answer a central question: “How can an artist realistically defend their rights when they are accused of copyright infringement – or when they discover that someone else is using their work without permission?” We will walk through the key stages: what “copyright infringement” means under Romanian Law no. 8/1996 on copyright and related rights, what happens at the first notice, how a lawyer analyses the case, what can be negotiated before going to court and what a court dispute actually looks like.

1. Who is Alex – and why his fictional story looks like many real artists’ lives

Alex is a fictional musician, but his path is very recognisable. He started producing beats and writing songs in his bedroom, recording vocals in a small home studio, releasing tracks on streaming platforms and promoting them through short videos. Like many independent artists, Alex treated the legal side of his career as an afterthought – something that could be sorted “later”, when he had more time or more money.

He collaborated with producers and co-writers without clear written agreements, used sample packs without always checking licences, and sometimes relied on the common phrase: “Don’t worry, everyone uses this loop, it’s royalty-free.” For a while, everything seemed fine. His songs gained modest traction, playlists started to notice him, and he received a few small sync opportunities.

Then, one day, Alex releases a new track. A few weeks later he receives an e-mail from a label’s legal department. They claim that the chorus of his song is substantially similar to a track from their catalogue, released years earlier. They accuse him of copyright infringement, demand that he stops exploiting the song and invite him to discuss “compensation for damages”.

From this moment onwards, Alex’s emotional reaction (“I did not steal anything – I was just inspired!”) must be transformed into a legal and strategic reaction. That is where this guide really starts.

2. What does “copyright infringement” mean under Romanian copyright law?

In Romania, copyright and related rights are governed mainly by Law no. 8/1996 on copyright and related rights. The law states that copyright arises automatically, from the moment a work is created, regardless of the form or medium used. There is no requirement to register the work for protection to exist.

According to Law no. 8/1996, the author of a musical work has both:

• moral rights – such as the right to be recognised as the author and the right to the integrity of the work; and
• economic (patrimonial) rights – to authorise or prohibit reproduction, distribution, public performance, communication to the public, making available to the public, and other exploitations of the work.

“Copyright infringement” (in Romanian practice: încălcarea dreptului de autor) generally means that someone uses a protected work without the author’s or right holder’s consent and outside the limits of the exceptions and limitations permitted by law. In music, this can include:

• copying or adapting a melody, harmony, hook or other recognisable musical elements;
• using lyrics or significant lyrical fragments without permission;
• using a recording (or part of it) in another track or audiovisual production, without a valid licence;
• exploiting the work in ways that the existing contracts or licences do not allow.

Law no. 8/1996 provides that infringement of copyright can lead to civil liability (damages and orders to stop the infringement), administrative or contravention liability, and in serious cases even criminal liability, depending on the conduct and the legal provisions invoked.

In Alex’s case, the accusation is that his new track uses a chorus that is substantially similar to an older song in the label’s catalogue, allegedly without any licence or consent. The label claims that this affects their ability to exploit the original work and causes financial damage.

3. The “moment zero”: how Alex should handle the first infringement notice

The first instinct is usually to react emotionally: “They are wrong, this is nonsense, I’m going to reply right now and tell them off.” Legally, however, the “moment zero” is not about emotion – it is about controlling the situation and preserving evidence.

In practice, when an artist like Alex receives a claim of copyright infringement, the first steps should be:

• Do not ignore the notice. Silence does not make the problem disappear; on the contrary, it can push the claimant to escalate quickly towards a lawsuit.
• Do not respond impulsively. Aggressive or careless e-mails can later be used as evidence or close the door to negotiation.
• Save everything. Keep the entire e-mail chain, any attachments, screenshots, and links. Start organising all files and documents relating to the disputed song: project files from the DAW (Logic, Ableton, Pro Tools, etc.), earlier demos, lyric drafts, notes sent to collaborators, timestamps of uploads on platforms, and so on.
• Contact a lawyer specialised in copyright and music law before answering officially. A short consultation at this stage can change the trajectory of the whole dispute.

In our fictional narrative, Alex forwards the e-mail to his lawyer. The lawyer immediately asks for a complete creative history of the song: when the first melody line was written, what samples were used, which producers or co-writers were involved, and what contracts – if any – were signed.

This “creative dossier” will later be crucial: it can help show that the song was created independently, or, on the contrary, it may reveal weaknesses (for example, an uncleared sample or a co-writer who re-used material from another project without authorisation).

4. The legal “X-ray” of the track: what your lawyer actually checks

Before discussing negotiations or damages, a diligent lawyer will perform a legal and factual assessment of the case – a kind of X-ray of the disputed song and the claim. In a case like Alex’s, this typically involves:

• Identifying the allegedly infringed work. Which earlier song is invoked? Who are the authors and the current right holders? How has it been exploited (released, synchronised, licensed) and since when?
• Comparing the works in detail. The melody, harmony, chord progression, structure, tempo, hook, characteristic riffs, vocal lines and production elements are analysed. Sometimes, a music expert may be appointed in court to provide an objective analysis.
• Reviewing existing contracts. If Alex signed production deals, publishing agreements, label contracts or licensing arrangements, these documents will indicate who actually owns which rights and who has standing to sue or be sued.
• Checking sample use. If loops, samples or stems are used, the lawyer will check whether they come from properly licensed packs, bespoke recordings, or from other tracks without clearance.

At this stage, two key questions guide the analysis:

1. Is the earlier work protected and sufficiently original? The law protects original intellectual creations. Generic patterns, common chord progressions or trivial elements are not always enough to trigger protection.
2. Is there substantial similarity between the works? Not every resemblance is infringement. The similarity must affect protected elements in a way that, taken as a whole, suggests copying and interferes with the normal exploitation of the original work.

Only after this assessment can Alex and his lawyer decide whether a firm denial (“there is no infringement, and we are ready to defend that position in court”) is realistic, or whether a more pragmatic negotiation is advisable to mitigate financial and reputational risks.

5. Moral rights vs. economic rights: what can never be transferred and what is negotiable

Under Law no. 8/1996, copyright is described as consisting of moral rights and economic (patrimonial) rights. Moral rights – such as the right to claim authorship of the work and the right to preserve its integrity – are linked to the person of the author and cannot be transferred. Economic rights, on the other hand, can be transferred or licensed to third parties through contracts.

This distinction is important for Alex. Even if he has already signed a publishing deal or a label agreement, he remains the author morally. However, the right to exploit the song commercially – to release it, license it, monetise it – may belong, wholly or partly, to the label or publisher, depending on what he signed.

According to the law, the assignment of economic rights can be:

• exclusive – only the assignee can exploit certain rights, in a certain territory, for a certain time, and the author cannot grant those rights to anyone else; or
• non-exclusive – the author retains the possibility to grant the same rights to others.

For artists at the beginning of their career, Alex’s story is a warning: copyright contracts are not harmless formalities. They decide, for years or even decades, who collects royalties, who can initiate or stop legal action, and who can decide whether a certain use is allowed.

Ideally, such contracts should be reviewed before signing by a lawyer familiar with the music business, who can flag clauses that are overly aggressive or unclear.

6. Collective management organisations (UCMR-ADA, CREDIDAM, DACIN SARA, UPFR) and their role in the background

In Romania, an important part of copyright and related rights is managed via collective management organisations (CMOs). These are specialised organisations that represent the interests of authors and other right holders, collect royalties and distribute them to members.

• UCMR-ADA – a collective management organisation for economic rights of authors of musical works (composers, lyricists, arrangers, music publishers).
  See: UCMR-ADA official website.
• CREDIDAM – a non-profit association that collects and distributes royalties due to performing artists (singers, instrumentalists) for the use of their recorded performances.
  See: CREDIDAM.
• DACIN SARA – a collective management organisation for authors of cinematographic and audiovisual works (directors, screenwriters, other audiovisual authors).
  See: DACIN SARA.
• UPFR – a collective management organisation for related rights of phonogram producers (record labels, music producers), handling licensing and collection of remuneration for the use of recorded music.
  See: UPFR.

In Alex’s case, if his works are declared with a CMO, this can be useful for clarifying who the recognised right holders are and what repertoire is officially associated with which authors or producers. However, litigation itself usually unfolds between the right holders (and alleged infringers) directly, while CMOs provide information and manage royalties in the background.

7. Pre-litigation strategies: what can an artist negotiate before going to court?

Not every infringement claim needs to end up in a courtroom. In many situations, especially where parties are active in the same industry and need to preserve working relationships, negotiation is the rational path.

Depending on the legal and factual analysis, Alex and his lawyer might consider several scenarios:

• Firmly contesting the claim. If the expert assessment shows that there is no substantial similarity between protectable elements, or that the earlier work itself lacks originality, a detailed legal reply can reject the allegations and request that the claim be withdrawn.
• Negotiating a licence or a co-authorship acknowledgement. If there is a degree of similarity and the risk of losing a lawsuit is significant, the parties may agree on a retroactive licence, a share in authorship, a percentage of royalties or a one-off payment.
• Stopping exploitation of the track. In rare cases, it may be commercially wiser to withdraw the track from distribution and stop exploiting it, in exchange for a waiver or reduction of damage claims.

Which strategy is chosen depends on multiple factors: the strength of the evidence, the current and potential revenue generated by the song, the artist’s tolerance for risk, and the impact of negative publicity. For an independent artist like Alex, a smartly negotiated settlement can sometimes be more valuable than a theoretical court victory obtained after years of litigation and high costs.

8. When litigation becomes unavoidable: basic anatomy of a copyright lawsuit

If negotiations fail, or if the claimant bypasses negotiation and files a lawsuit directly, the dispute moves into the realm of formal litigation.

Under Romanian law, copyright infringement can give rise to civil claims (for example, in front of civil courts, asking for damages and injunctions), to administrative or contravention proceedings, and, in some scenarios, to criminal proceedings. In practice, disputes between labels, publishers and artists over similarity of musical works are usually civil lawsuits.

A typical civil case in a situation like Alex’s involves:

• Statement of claim – filed by the right holder (e.g., the label that owns the earlier song), explaining the facts, the alleged infringement, and the remedies requested (damages, prohibition of further use, publication of the judgment, etc.).
• Statement of defence (reply) – filed by Alex and any co-defendants (producers, current label, etc.), setting out the factual and legal arguments: absence of substantial similarity, existence of authorisation or licence, lack of standing, limitation periods, and so on.
• Evidence phase – where the court examines audio recordings, scores, project files, correspondence, contracts, streaming data and other documents. In many cases, the court also appoints a forensic music expert to assess the similarities and explain them in technical terms that the judge can understand.
• Hearings and judgment – the parties argue their case, and the court eventually issues a decision, which may be appealed.

The key particularity of copyright disputes in music is the \“translation\” that needs to happen: the technical language of music and production must be presented in a way that non-musical specialists (judges) can understand. That is why careful preparation of evidence and expert reports is critical.

9. Damages and financial risks: what is really at stake for the artist?

Law no. 8/1996 provides that a right holder whose copyright has been infringed can request compensation for the damage suffered, and, in some cases, also the benefits obtained by the infringer as a result of the unauthorised use of the work. The general rules of civil liability from the Civil Code apply alongside the specific provisions of copyright law.

In practice, the financial exposure for an artist like Alex can include:

• Damages – amounts calculated to reflect the loss suffered by the right holder (for instance, lost licensing fees, diminished sales or streaming revenue) and, in some contexts, the unfair profits made by the infringer.
• Injunctions – orders to stop exploiting the track: taking it down from platforms, stopping radio and TV airplay, ceasing use in commercials or other media.
• Legal costs – court fees, expert fees, and, in many cases, contribution to the other party’s legal fees.

These risks can be significant and long-lasting. Once again, the conclusion is simple but often ignored: preventing legal problems is almost always cheaper than fixing them. Investing early in proper contracts, sample clearance, and regular legal advice is usually minor compared to the cost of one serious infringement case.

10. What Alex could have done earlier to avoid this dispute altogether

Looking back, Alex realises that many of his current problems stem from the lack of a basic legal strategy in managing his career. If he had treated the legal aspects as part of his professional toolkit – just like mixing, mastering or marketing – the story might have unfolded very differently.

For any artist, a few preventive measures can dramatically reduce the risk of infringement disputes:

• Systematically documenting the creative process. Keep demos, DAW project files, dated notes and internal drafts. Save e-mails and messages with co-writers and producers that show how the song developed over time.
• Using written contracts with all collaborators. Every co-writer, producer, featured artist, engineer or session musician should have a clear written agreement defining roles, shares and rights.
• Clearing samples properly. Use sample packs from reputable sources under clear licences. For recognisable samples or interpolations, obtain specific clearance or avoid using them.
• Registering works with appropriate CMOs. Depending on the situation, registration with organisations such as UCMR-ADA, CREDIDAM or others can help ensure that your works are properly identified, and that royalties are collected and distributed.
• Seeking legal advice before signing important deals. Ask a specialised lawyer to review offers from labels, publishers, management or brands. A balanced contract at the start of a relationship can prevent large conflicts down the road.

Alex’s fictional experience shows that “creative freedom” and legal discipline are not enemies. On the contrary, they reinforce each other. The clearer your rights and obligations are, the more confidently you can create and release new music.

11. A practical checklist for artists: preparing your “defence file” in advance

Inspired by Alex’s story, here is a simple checklist you can use as an artist to prepare, in advance, for the day when a dispute might arise:

• Organised song folders. For each track, keep a folder with all versions: demos, stems, final mix, final master, lyrics, and DAW projects, all with clear dates.
• Written collaboration agreements. Use written contracts covering co-writing shares, producer points, featured artists’ rights, and session musician fees.
• Rights overview document. Maintain a simple internal table showing, for each song, who owns the master, who owns the publishing, what agreements are in place and what CMOs the work is registered with.
• Sample policy. Decide internally that you only use samples from known licensed sources – and keep the licences or proof of purchase as part of the song’s dossier.
• Regular contact with a lawyer. Schedule periodic check-ins with a copyright lawyer to review your contracts and any potential red flags.

This checklist is not a guarantee that you will never be accused of infringement – the music world is full of coincidences, similar ideas and overlapping influences. However, it gives you a much stronger position if a conflict does arise.

12. Frequently Asked Questions about copyright infringement disputes for artists (FAQ)

What does “copyright infringement” actually mean for a music artist in Romania?

In the Romanian legal system, “copyright infringement” refers to the unauthorised use of a protected work outside the exceptions granted by law. In music, this typically means copying or adapting significant, protectable elements of a song – such as melody, lyrics or a distinctive hook – without consent, in a way that interferes with the normal exploitation of the original work. The main rules are laid down in Law no. 8/1996 on copyright and related rights.

I received an e-mail accusing me of copyright infringement. What are my first concrete steps?

Do not ignore the e-mail and do not answer in anger. Save the notice and all attachments, start gathering evidence of your creative process (demos, DAW projects, messages with collaborators, timestamps of uploads), and contact a lawyer specialised in copyright and music law as soon as possible. Ideally, your official reply should be drafted or reviewed by your lawyer, after analysing both songs and the contracts involved.

Do I need to register my songs to be protected by Law no. 8/1996?

No. Under Romanian law, copyright arises automatically from the moment the work is created, regardless of registration. However, depositing your work with a CMO or using mechanisms that prove the date of creation (such as certain digital services, notarial deposits or time-stamped recordings) can be very helpful in disputes, because they provide evidence.

What is the difference between moral rights and economic rights of authors?

Moral rights are attached to the person of the author and cannot be transferred. They include, for example, the right to be recognised as the author and the right to oppose certain alterations of the work. Economic rights (such as reproduction, distribution, communication to the public or making available) concern the commercial exploitation of the work and can be transferred or licensed by contract, either exclusively or non-exclusively.

When does it make sense to involve UCMR-ADA, CREDIDAM, DACIN SARA or UPFR in a dispute?

These organisations handle the collective management of copyright and related rights. They keep records of works and right holders and collect and distribute royalties. In disputes, they can help clarify who owns which rights and what repertoire is officially registered. However, the lawsuit itself is usually between the right holders (authors, publishers, labels, producers) and the alleged infringer, not between artists and the CMOs themselves.

How are damages calculated in a copyright infringement case?

Damages aim to compensate the right holder for the loss actually suffered and, in some contexts, to recover the benefits obtained by the infringer. Courts look at factors such as the extent and duration of the unauthorised use, the revenue generated by the disputed track, the impact on licensing opportunities and the normal exploitation of the original work, as well as any evidence provided by the parties.

Why is it important to work with a lawyer specialised in copyright if I am an artist?

A specialised lawyer understands both the law and the specific practices of the music business. They can prevent many problems by drafting and reviewing contracts, can realistically assess the strength of an infringement claim, can negotiate settlements that protect your long-term career, and can represent you in court if needed. In an industry where one legal dispute can heavily affect your income and reputation, this support can be critical.

13. When should an artist go to a lawyer – and what can the lawyer actually do?

Alex’s fictional story shows that artists often involve lawyers too late, when a dispute has already escalated. Ideally, a lawyer should be consulted much earlier – when signing publishing or label deals, when entering into producer or co-writing agreements, and when planning to use samples or interpolations in a new track.

However, when a copyright infringement claim has already been received, a lawyer can:

• review and compare the musical works and all relevant contracts;
• propose a realistic strategy (contest the claim, negotiate a licence, seek co-authorship recognition, or prepare for litigation);
• draft and send the official reply to the infringement notice;
• represent the artist in negotiations, mediation or settlement talks;
• represent the artist in court, if the dispute cannot be resolved amicably.

Importantly, a lawyer familiar with the music ecosystem can connect the legal strategy with the artist’s career strategy. Not every court victory is a reputational victory, and not every settlement is a defeat. Sometimes, the best decision is the one that protects the artist’s long-term freedom to create and their credibility with audiences and business partners.

14. Conclusion: turning panic into a legal strategy

Copyright disputes, whether labelled as “infringement” or “plagiarism”, are, at their core, conflicts between competing narratives: the story of the original right holder and the story of the artist accused of copying. Alex’s fictional journey shows that, beyond emotion and reputation, the key is the artist’s ability to turn panic into a calm, structured legal strategy.

The main takeaways for artists are:

• treat copyright and contracts as a professional priority, not as boring paperwork to be postponed;
• build, from the beginning, a clear evidentiary record of your creative process;
• use well-drafted contracts with co-authors, producers and labels;
• seek advice from a lawyer specialised in copyright and music law when signing key agreements or when facing a claim;
• do not react emotionally to legal notices – respond strategically, with professional help.

Ultimately, copyright is not just a set of technical legal provisions. It is a protective framework for the time, effort and identity that an artist invests in their work. The way you handle a copyright dispute – from the first e-mail you receive to the last procedural step – can make the difference between a long-term setback and a crisis overcome with professional maturity.

Sources and useful resources

• Law no. 8/1996 on copyright and related rights – updated text (Portal Legislativ)
• Overview of Law no. 8/1996 – copyright (Lege5)
• UCMR-ADA – collective management of musical authors’ economic rights
• CREDIDAM – collective management organisation for performing artists
• DACIN SARA – collective management organisation for audiovisual authors
• UPFR – collective management organisation for phonogram producers