If you do not cease and desist within the above stated time period, we will be forced to take appropriate legal action against you and we will seek all available damages and remedies. Go to the site http: When a website and a server do not respond to your letters, a Takedown Notice to any search engines that can find the site will be helpful in ensuring it will be very difficult for anyone to find the site infringing your content.
You neither requested nor received permission to use how to write a cease and desist letter for copyright infringement Work therefore your unauthorized copying and use of our copyrighted Work constitutes copyright infringement in violation of the United States copyright laws.
Websites and servers in foreign countries — It is much more complicated and expensive to sue a foreign person than it is to sue someone within the US.
For letters to the server you will need a printout of a page for the site and the server. Exhibit 2 should be printouts of the website showing your copyrighted material.
For letters to the owner a printout of the contact info for the site is sufficient. Exhibit 2 illustrates your infringing use of my work through screenshots taken from the following URL: As such the infringer runs a lot greater risk by ignoring your demands.
If I have not received your affirmative response by [date] then I will pursue legal action to ensure my rights are protected. Hirby and Fact Checked by The Law Dictionary Staff When you have a copyrighted work, others must request and receive your permission to use said creation.
State that your copyright is protected under 17 United States Code Section While mailing by this method is more expensive, it serves two purposes: Three entities should be contacted for every instance where you find a site is infringing your work. As such you have a weaker threat of litigation, especially if the recipient is in country that is not a signatory of the Berne Convention.
All rights reserved Contact Us: When sending a Takedown Notice to a search engine it is helpful to include a screenshot of the search query that brought up the infringing site. Finally, discuss what could happen if the offender does not cease.
This letter is inadmissible in any future proceeding pursuant to Federal Rule of Evidence Here is how to write Cease and Desist Letters to stop copyright infringement. When you have your copyright registered with the United States Patent and Trademark Office USPTOyou have the right to ask the court to establish an injunction against offending parties.
Even if you are unable to collect damages, the infringer may be scared enough to remove the infringing work where otherwise they would have ignored your request for removal. If you have information showing that you are the owner of the work you are claiming is being infringed you should include this as an exhibit also.
Here are just a few of the preventable consequences that can be prevented with a Cease and Desist Letter: If the offending party does not cease and desist, legal remedies could include an injunction, equitable relief, along with court costs and attorney fees under Section c 2.
This gives you the power to demand more than if your work was unregistered. If the recipient of the Takedown Notice does not remove the infringing content in a timely manner, then they have opened themselves up to liability and should be sent a Cease and Desist Letter.
Identification of all the copyrighted works that are being infringed.
The largest search engines are Google, Yahoo, Bing, and Ask. Oatmeal cartoonist Matthew Inman and many other original content creators on the Internet face real challenges in operating a business on the wild wild web. If the infringing content was posted by a third party and is merely being hosted by the site you must determine if the site has a registered DMCA Agent.
Unregistered works — If your work is not registered with the copyright office at the time of infringement it is unlikely you would receive much in the way of damages even if you could prove the site violated your copyright. Both the owner of the site and the server of the site may be liable to you for copyright infringement though neither may be liable.
As such you should keep your claim for damages fairly low, but high enough so that the recipient knows you are serious.
Write a Cease and Desist Demand Letter to the offending party using your official individual or company letterhead. If you are not sure what you are doing or there is a lot of money at stake, talk to an attorney. Here is an exemplary Cease and Desist Letter: Sending this letter will put the infringer or harasser on notice of your claims and cut off any defense they may have based on lack of knowledge.
Pursuant to my exclusive rights as the copyright owner of this work, I demand that you immediately remove from the internet and destroy all copies of my works in your possession.
First, if the dispute does end up in litigation you want to be able to prove that the recipient actually received the letter. You can settle these matters yourself, but you may want to hire an attorney who will have practice at negotiating and also make the threat of a lawsuit seem more real to the opposing party.
If not, they should receive a Cease and Desist Letter. Be forewarned that many smaller websites will simply ignore your letters.Write a Cease and Desist Demand Letter to the offending party using your official individual or company letterhead.
Your tone should be official and non-accusatory using the first letter to notify the offender of the transgression. This Cease and Desist Letter is solely for use with copyright infringement (it could be modified for other purposes), and is from the perspective of a Minneapolis attorney writing on behalf of a client whose copyrighted works were being infringed.
A cease and desist letter is a legal notice sent to someone you believe is infringing on copyrights you own the rights to. The letter is your way of stopping them.
There are three main elements that should be clearly stated in every cease and desist notification. This Cease and Desist Letter provides a starting point for dealing with trademark issues.
Every trademark dispute is unique and this trademark infringement cease and desist letter template should not be used without first consulting with an experienced intellectual property attorney. How to send Cease & Desist and DMCA Takedown letters to sites infringing your copyright. Letter 1: Cease and Desist Letters.
Both the owner of the site and the server of the site may be liable to you for copyright infringement (though neither. A Cease and Desist Letter is used to attempt to stop an activity before legal action is taken.
The activity may be harassment of you or your business, use of your copyrighted or trademarked work, or excessive actions of a debt collector.Download