How to Write Cease and Desist Letters to Stop Copyright Infringement
Copyright infringement can be damaging even if the material is not used in a way you necessary disagree with. Photos, text, design or any other copyrighted material cannot be used without permission of the copyright holder or an exception under the law. If your material is being used in an unauthorized way, write a cease and desist letter to protect your property.
- Difficulty:
- Moderately Easy
Instructions
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1
Explain why you are writing the cease and desist letter and state the name of the work that was infringed upon. It may also help to state what type of format it is.
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2
State when you first published the work. You do not need to state that you have registered a copyright since all materials are immediately copyrighted to the person who produced them.
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3
Point to where the copyright infringement is taking place.
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4
Inform the person of the relevant areas of copyright law, if you know them.
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5
Explain what you would like to see happen, which is typically a removal of the offending material. You may also be able to request royalties or other payment for the time that your material was used.
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6
Give a deadline to comply and make note of the consequences of not complying.
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7
Seek the assistance of an attorney if you do not hear back from the person within the allotted time, or if they respond to your cease and desist form negatively and without proof of fair use.
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Tips & Warnings
Contact a copyright lawyer if you have any doubts about someone infringing upon your work. Sometimes fair use comes into play and it is best to let a trained professional make that call before you send a letter.
Send letters Certified Mail, Return Receipt Requested; this will be proof that it was delivered and received.
