Cease and desist letter. A counterpart document – A Notice & … UK copyright law remains a misunderstood legislation for many businesses. Because you asked, these are real letters I have sent to people found using my photographs inappropriately, ranging from "The standard DMCA takedown" to A counterpart document – A Notice & Takedown Policy and Procedure – is also available. Also, trade marks can be used to prevent confusingly similar marks in similar classes of goods (this is quite a broad right), whereas copyright can only stop the reproduction of the whole or a substantial part of a work (and therefore it’s a narrow right). The last thing you want is to inadvertently commit an infringement of copyright, resulting in costly legal action. Second, remember that anything you say can and will be used against you! A copyright cease and desist letter may well be all you need to put a stop to copyright infringement. Copyright Infringement Letter. A cease and desist letter to an accidental infringer has a good chance of ending the infringement. You will need a cease and desist letter when you want the recipient to stop the infringement before resorting to legal action. Letter of claim (copyright infringement)by Practical Law IP&IT, and Anna Edwards-Stuart and Kathryn Pickard of 11 South Square, Gray's InnRelated ContentLetter of claim (previously known as a letter before action and also referred to as a cease and desist letter) to be used in relation to infringement of literary or artistic copyright, with separate undertakings. A cease and desist letter is a letter from you, the owner of a mark or copyright, to the infringing party that demands an end to the infringing activity. The last thing you want is to inadvertently commit an infringement of copyright, resulting in costly legal action. First, keep your letter professional. If a copyright holder like Malibu Media or Strike 3 believes a person or persons has downloaded protected content without permission, they may take two courses of action. A cease and desist letter is the most common first step in asking someone to stop their copyright infringement. If the infringement is intentional, or the infringer disagrees with your interpretation of rights, the letter might not lead to a resolution. The terms of this notice, which may be sent either as a letter or an email, describe the work and the nature of the alleged infringement. The work should be substantially similar in design, structure or content, to the degree that it can be said that the work was copied or adapted from your original, rather than simply a similar idea or concept. The terms of this notice, which may be sent either as a letter or an email, describe the work and the nature of the alleged infringement. It is an efficient warning that offers the infringer the option to solve the problem out of court. A carefully written cease and desist letter is a very powerful tool in the enforcement of intellectual property protection. Copyright Cease and Desist Letter. The free sample letter supplied here is generic in nature and can be used as template to compile your own letter. Who may send you a letter accusing you of illegal downloading or filesharing. Be clear in your mind that an infringement has actually occurred and that this is not simply a case of incidental inclusion or coincidence. A copyright owner or the exclusive licensee has the right to pursue you for compensation for copyright infringements. The letter should come either from them or from a solicitor acting on their behalf. But, the letter plays a valuable role in establishing your claim if the claim goes to litigation. When that happens, the ISP will immediately send a noticeRead More For example, the infringement of unregistered designs requires an act of copying whereas the infringement of a registered design doesn’t. UK copyright law remains a misunderstood legislation for many businesses. First, they may send a notice to the internet service provider (ISP) that services the offending individual. Cease and desist letter. When writing the letter, it is best to include its registration number (Search USPTO). You should check carefully that the letter is genuine. The free sample letter supplied here is generic in nature and can be used as template to compile your own letter. They will be able to advise on civil procedure and time frames in which you are to respond to any claim for damages.