Copyright infringement has reached epidemic proportions. Digital technology has made it increasingly easy to appropriate an artist’s music, lyrics…even their image. The result is lost income and in some cases a damaged brand. But not all infringement is equal. A fan playing one of your songs on their web site is not the same as someone file sharing your song all over the world. So before hiring a copyright infringement lawyer, it’s necessary to determine if the infringement warrants legal action.

Even if it does, you still need to take a step back and look at the situation from a business and financial perspective. A decent attorney can easily cost $300 an hour, or $240 a day. Higher powered lawyers will cost even more.

If you feel the infringement is severe enough to require a legal remedy, the next step is to find a lawyer. You can find attorneys online and in the phone book but try to get recommendations from friends and music business associates as well. Once you decide on the attorney, call and make an appointment for a consultation. When you meet, make sure to have all your documentation neatly organized. Remember: attorneys get paid by the hour so the more efficient you are in your discussions the less it will cost you.

Have the attorney give you options. Many times, a simply cease and desist letter from a lawyer will take care of the problem for minimal cost. If that doesn’t work, you’ll have to decide whether or not to file a lawsuit and if you have a case worthy suing over. The burden of proof will be on you. In other words, you will need to show that the infringement has significantly impacted you financially.

If that is case, most attorneys will want a retainer of several thousand dollars. Should your case go to court and you prevail, it is possible the infringer will be ordered to pay for your legal fees. But you cannot count on that and you’ll still need to spend money out of pocket to get your day in court.

If the legal letter doesn’t stop the infringement, and you cannot afford to go to court or its not financially sensible to sue, continue to document any infringement because the day may come when it is worth it and you want as much proof as possible.