Jan 3, 2025
How to Craft a Strong Cease and Desist Letter for Copyright Infringement
Copyright infringement can confuse customers, harm your reputation, and diminish the value of your intellectual property. Fortunately, you can stop this wrongdoing and restore order to your business by following brand protection strategies. This article will explain the role of a cease and desist letter in copyright infringement cases so you can better understand how this legal tool can help you protect your intellectual property.
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Table of Contents
How Do You Write an Effective Copyright Infringement Cease and Desist Letter?
Additional Legal Remedies to Defend Your Intellectual Property
What is a Copyright Infringement Cease and Desist Letter?
Copyright protects original works of authorship. Both published and unpublished works are covered, and copyright protection starts when an original work is created in a tangible form. For example, a song is protected by copyright as soon as it is recorded or written down, even if the author has not told anyone about it.
Copyright infringement occurs when someone uses a copyright-protected work without permission. A cease-and-desist letter for copyright infringement is sent to someone using your work without authorization. The letter serves as a formal warning that outlines your ownership of the work and demands that they stop using it or face legal action.
What is a Copyright Infringement Cease-and-Desist Letter?
A copyright infringement cease-and-desist letter is a document that you send to an individual or entity if you believe they have engaged in copyright infringement. It explains that the recipient must stop using your copyrighted material and/or compensate you for its use or risk a lawsuit. While not legally binding, a cease-and-desist letter can help resolve copyright infringement issues without filing a lawsuit.
Why Should You Send a Cease-and-Desist Letter?
A copyright infringement cease-and-desist letter can serve the following functions:
Educate the offending party about your ownership of the work
Request an end to copyright infringement activities
Request financial compensation for the unauthorized use of my work
A cease-and-desist letter should describe the nature of the copyright infringement and include a request to end the unauthorized use of your work immediately. It should also let the recipient know what next steps are required on their behalf and what will happen if they don't respond to your request.
Fair Use and Copyright Infringement
There are circumstances in which people can use portions of their original works without getting permission. The Fair Use Doctrine sometimes allows individuals to use copyrighted work without authorization. The Fair Use Doctrine may apply to the following areas:
Criticism
Commentary
Reporting
Research
Teaching
Individuals may use parts of your work in these areas if the Fair Use Doctrine applies to them. It's always best to ask permission before using copyrighted work. Section 107 of the United States Copyright Law describes the factors considered when determining what constitutes fair use.
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How Do You Write an Effective Copyright Infringement Cease and Desist Letter?
Your cease and desist letter regarding copyright infringement should be customized to your unique situation and include information about your copyrighted work.
Identify Yourself and Your Copyrighted Work
Open your cease and desist letter by explaining that your work is original, belongs to you, and is copyrighted. Include a description of your copyrighted work here. Include:
Title of the work
A copy of the work in question
Marvel Entertainment's cease and desist letter starts by introducing itself and informing the recipient that it owns the copyrights for certain popular characters:
Explain the Problem
In this part of the letter, you explain why you believe the recipient engages in copyright infringement. Add details here describing how their use of my work constitutes copyright infringement.
Marvel's cease and desist letter goes on to explain that it has become aware that the recipient has been making, marketing, and selling garments portraying its copyrighted designs, which constitutes copyright infringement:
List Your Requests
You must describe the actions you want the recipient to take clearly. Inform the recipient that they need to stop using, sharing, or selling my work immediately and either return all copies of my work to me or destroy them. Depending on how they have used my material, you may also request a licensing fee or monetary settlement. Let them know when they need to comply with your requests to avoid a lawsuit.
Marvel enables the recipient to know that it should immediately stop marketing and selling products featuring its designs and demands that the company cancel all customer orders for products with Marvel-based characters, respond in writing, letting it know that it will stop using Marvel-themed materials, and remove all Marvel references or images from the website within five business days:
Describe the Consequences of Noncompliance
You should conclude your cease-and-desist letter by letting the recipient know that you may take legal action against them if they do not comply with your requests. Marvel ends the letter by explaining that it may take legal action if that "best protects its interests."
Your cease and desist letter regarding your copyright infringement should be sent by certified mail to ensure the recipient receives it.
Example Cease and Desist Letters
[Sender address]
[Recipient Name] [Recipient address]
[Date]
Dear Sir or Madam,
I am writing regarding the work [title of work] by [author name]. Hereafter referred to as ‘The Work’.
Please be advised that [we are | I am] the legal copyright owner of The Work. Our rights to the work are assured and protected under the provisions of the Copyright Designs and Patents Act 1988 [assumes the UK, replace with the name of appropriate domestic legislation].
It has come to our attention that you are distributing or reproducing The Work without permission. [give specific details of infringing actions here]. These actions constitute an infringement of [my|our] copyright in the work and must stop.
To that end, [we | I] require:
You must cease any publication and/or distribution of The Work. That you [destroy|remove|send to us] all infringing copies of The Work. You provide a written undertaking to desist from future infringements regarding The Work. We require your formal acknowledgment of this letter and compliance with the abovementioned terms by [insert date – e.g., in 14 days].
Suppose you are not able or willing to provide the above. In that case, we will be forced to seek legal remedies, which may include injunctions, claims for legal expenses and damages, or other actions, depending on the advice of our legal counsel.
Yours faithfully,
[Sender name]
[Sender address]
[Recipient Name] [Recipient address]
[Date]
Dear Sir or Madam,
It is with deep regret that I write this letter to file a serious complaint concerning your website at [website address]. [Provide details of the infringements and examples here]
Your actions constitute a breach of copyright, and we have evidence that proves these instances of copying on your website. This is a breach of our legal rights and must stop.
I am therefore formally writing to request the following:
Your website is changed by no later than [insert date - e.g., in 14 days] so that all content copied or adapted from our site is removed. By the same time and date, you cause any other materials containing our materials to be removed from circulation and destroyed. By the same time and date, you undertake to us in writing that you will not repeat any such breaches of copyright or passing off. If you are not able or willing to provide the above, then we will be forced to commence legal proceedings, which may include a court injunction on your website and claims for legal expenses and damages. We are taking legal advice and will pursue this case if the infringing content is not removed.
You will be notified of any additional action we intend to take.
Yours faithfully,
[Sender name]
After you send a copyright infringement cease and desist letter, the recipient stops using your work illegally. If they ignore your cease and desist letter and continue engaging in copyright infringement, you may need to get a lawyer specializing in copyright law and file a lawsuit.
If the copyright infringement activities are being done willfully to make a profit, the U.S. Attorney may also conduct a criminal investigation.
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Additional Legal Remedies to Defend Your Intellectual Property
If you discover someone has stolen your copyrighted material, sending a demand letter isn’t your only option. Suppose the infringing party does not respond – or respond favorably – to your demand letter. In that case, you have several options for additional legal action, depending on whether your IP is registered. One of the first steps you can take to stop the infringement is to submit a DMCA takedown notice.
Any individual or entity with a valid copyright claim on a work can submit a takedown request to online service providers or social media platforms. The Digital Millennium Copyright Act (DMCA) requires Internet service providers and social media platforms to remove access to alleged infringing material upon receipt of a valid takedown notice. This can be a powerful tool for stopping the infringement.
File a Federal Lawsuit to Stop Trademark Infringement
Suppose you have registered copyrighted work with the U.S. Copyright Office or a registered mark with the United States Patent and Trademark Office. In that case, you can file a federal lawsuit for copyright infringement and request an injunction to stop the infringing activity immediately.
Similarly, if you registered your trademark with the United States Patent and Trademark Office (USPTO), your trademark is protected by law in all 50 states. If you prevail, the court may award monetary damages, and you may be entitled to reimbursement for the legal expenses incurred during the lawsuit.
Take Your Trademark Infringement Case to State Court
Some states offer standard law protection for your trademark, meaning you do not have to register your trademark with the state to protect your rights. Even so, standard law trademark protection is generally limited to the local or regional area where the mark is used and has become associated with your goods or services.
For example, registering your trademark in Texas with the Secretary of State gives you statewide protection and the ability to seek statutory damages and attorney's fees in case of legal action. Intellectual property registered as a copyright or trademark generally provides more excellent enforcement capabilities, including statutory and actual damages.
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With businesses losing an estimated $29 billion annually to content theft, protecting your online store from copycats is crucial to maintaining brand reputation and profitability. When competitors steal your content, it can hurt your SEO rankings and sales. Furthermore, you could be at risk of a copyright infringement lawsuit, which could have been avoided if you had taken action sooner.
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