Copyright Infringement Cease and Desist Letter Template

Works of authorship are protected by copyright, and copyright owners can stop infringement and seek compensation for infringement. These actions usually start by sending a cease-and-desist letter.

What a Copyright Cease-and-Desist Letter Is

Copyrights protect a creator’s rights in the following works:

• Literature
• Music, including lyrics
• Drama, including accompanying music
• Pantomime and choreography
• Visual art, including graphics, photos, and sculptures
• Motion pictures
• Sound recordings
• Architecture

Copyrights usually belong to the creator. They can also belong to someone else who buys the copyright or hires a creator to produce a work.

Infringement occurs when a person or entity uses a work in violation of the U.S. Copyright Act. The copyright owner usually sends a demand letter to notify the infringer of the owner’s legal rights and ask them to cease the infringing use.

Why and When to Send One

Copyright owners have the following exclusive rights:

• To reproduce the work
• To create derivative works based on the work
• To sell or transfer copies of the work
• To perform or display the work publicly or by digital transmission

If you own the copyright to a work, you can send a cease-and-desist letter to any party infringing those exclusive rights. The statute of limitations for civil copyright infringement actions is three years.

How Effective the Letter Is

Cease-and-desist letters are often effective if the other party was either unaware of the copyright owner’s rights or mistakenly believed that their use didn’t constitute infringement. However, compliance with these letters is entirely voluntary. A party could choose not to comply and force you to file a copyright infringement lawsuit.

How to Write the Letter

Writing a cease-and-desist letter for copyrighted works generally involves the following steps:

• Introducing yourself
• Identifying the copyrighted work
• Describing the allegedly infringing use
• Asking the other party to stop the use

If you believe the infringer was compensated for the use, you can also request an accounting to determine how much they received.

What to Do if You Receive One

Consider refraining from taking any action, including responding to the letter, until you speak to a copyright lawyer. Copyright law is a complex legal field. An attorney can advise you about your legal options and the best course of action for your situation.

Other Ways to Stop Infringement

Copyrights aren’t self-enforcing. To force an infringer to stop, you must file an infringement lawsuit in federal court.

If you simply want to be paid for the use, the Copyright Office operates the Copyright Claims Board and the Copyright Royalty Board. The Claims Board is a small-claims court for copyright disputes, while the Royalty Board arbitrates royalty payments that creators can claim from a fund created by cable, satellite, or digital audio broadcasters.

Finally, under the Digital Millennium Copyright Act (DMCA), you have the right to ask internet publishers to take down infringing works posted by users on their platforms. Websites and streaming services often obey DMCA takedown notices to avoid lawsuits.

Find the Right Letter Template

A well-drafted cease-and-desist letter may be your best tool for stopping infringement. If you need a template for another situation, explore more ConsumerShield cease and desist letters to find the right solution.