- Originally Published on October 29, 2024
How to Write a Cease and Desist Letter for Copyright Infringement (Templates + Examples)
You pour your heart and soul into your creative work, only to find it stolen and used without permission. Fortunately, you don’t have to sit back and take it. Sending a strong cease and desist letter is often the first and most effective step to stopping copyright infringement and protecting what’s rightfully yours. In this guide, I’ll explain how to craft an effective cease and desist letter for copyright infringement, complete with templates and real-world examples.
What is a Copyright Cease and Desist Letter?
A copyright cease and desist letter is a formal notice sent to an individual or entity that you believe is infringing on your copyright. The letter’s purpose is to demand that the alleged infringer immediately stop using your copyrighted work without permission and comply with your requests, or else face potential legal action.
While cease and desist letters are not legally binding documents, they serve as an important first step in enforcing your intellectual property rights and showing the infringer that you are serious about protecting your work. A thoughtfully crafted and firmly worded letter may be enough to resolve the situation without having to go to court.
When Should You Send a Cease and Desist Letter for Infringement?
There are several common scenarios where sending a cease and desist letter for copyright infringement is appropriate:
- Someone is selling products featuring your copyrighted designs or artwork without a license
- A website has published your copyrighted articles, photos, videos, or other content without permission
- A company is using your copyrighted material in their advertisements or marketing campaigns
- An individual is sharing copyrighted digital products like ebooks, courses, or software online
- A business is performing or playing your copyrighted music in a commercial setting without the proper licenses
If you discover any unauthorized use of your copyrighted works and you believe it constitutes infringement, sending a cease and desist letter is a crucial first step to protecting your rights and creative livelihood.
6 Key Elements Every Cease and Desist Letter Must Include
To be effective, every cease and desist letter for copyright infringement should contain the following key components:
- Identify your copyright: Clearly state that you are the owner of the copyrighted work that is being infringed upon. If your copyright is registered with the U.S. Copyright Office, include the registration number for added legitimacy.
- Describe the infringing use: Provide specific details on how your copyrighted work is being used without permission. Include dates, locations, urls, or other identifying information. Attach screenshots or copies of the infringing content as evidence.
- Specify your demands: Clearly explain what actions you want the infringer to take, such as immediately removing the content, destroying any unauthorized copies, ceasing all sales or distribution, or paying you a license fee for past use. Be firm and direct with your demands.
- Set a firm deadline: Give the infringer a specific date by which they must comply with your demands, typically 10-14 days from receipt of the letter. Make it clear this is not an ongoing negotiation but a requirement.
- Outline consequences for non-compliance: Explain that if the recipient does not comply with your demands by the deadline, you will not hesitate to take further legal action to enforce your rights, including filing a copyright infringement lawsuit seeking monetary damages and attorneys fees.
- Include your contact information: End the letter with your name, company name if applicable, physical address, phone number, and email so the recipient can contact you with any questions or advise you of their compliance.
Cease and Desist Letter for Copyright Infringement Template
Here is a customizable template you can use as a starting point for your own copyright infringement cease and desist letter:
[Your Name/Company Name]
[Your Address]
[Your City, State Zip]
[Your Email]
[Your Phone Number]
[DATE]
[Recipient Name or Company]
[Address]
Re: Copyright Infringement of [Your Work’s Title or Description]
Dear [Name],
This letter is to formally notify you that you are infringing on my exclusive copyrights in [TITLE OF WORK]. This original work is protected under United States copyright law. Your unlawful copying of this work is a serious matter that requires your immediate attention.
[DESCRIBE INFRINGEMENT AND PROVIDE EVIDENCE]
Example: It has come to my attention that you have published my copyrighted article “10 Tips for Better Sleep” in full on your website at [URL] without my permission, as shown in the attached screenshots. I am the exclusive copyright owner of this article.
As the owner of these copyrights, I demand that you immediately:
[DETAIL DEMANDS]
Example: – Remove the article from your website and any social media channels
– Destroy any copies you have made of the article, in any format
– Cease any further reproduction or distribution of the article
– Provide me with written assurance that you will refrain from any further infringing use of my work
Within [NUMBER] days, please notify me that you have fully complied with these demands. Failure to do so will leave me no choice but to take appropriate legal action against you to the fullest extent of the law. In a copyright infringement lawsuit, I would be entitled to seek statutory damages of up to $150,000 per infringement, actual damages, disgorgement of any profits you have received from the unlawful use, and attorneys’ fees.
Please govern yourself accordingly.
Sincerely,
[Your Signature]
[Your Name]
3 Cease and Desist Letter Examples for Common Scenarios
To show you what a formal copyright cease and desist letter might look like in some common infringement scenarios, here are a few hypothetical examples:
1. Photographer sends cease and desist to website using photos without license
Dear EverydayFashion.com,
I am the copyright holder for a series of photos featuring street style fashion that I published on my photography blog on July 14, 2024. It has recently come to my attention that 5 of these copyrighted photos have been reproduced on your website at everydayfashion.com/street-style without my permission, as shown in the attached screenshots.
The use of these photos on your website constitutes copyright infringement. I demand that you immediately remove the photos from your site, destroy any other copies you have made, and cease any further use of my photography. Furthermore, I demand that you pay me a license fee of $500 per photo for the unauthorized use to date.
Please confirm your compliance with these demands by September 1, 2024. If I do not hear back from you or the infringing content remains, I will have no choice but to file a copyright infringement lawsuit against your company to enforce my rights.
Govern yourself accordingly,
Jane Doe
2. Artist sends cease and desist to company using artwork in ad campaign
Dear ABC Company,
I am an independent graphic artist and the owner of an original digital illustration I created on March 3, 2024, titled “Daydreaming”. It has been brought to my attention that ABC Company has been using this illustration without authorization in digital and print advertisements for your Dream Cloud mattress product line, as evidenced in the attached files.
I have not licensed or consented to this commercial use of my copyrighted artwork. Therefore, your use constitutes copyright infringement.
I hereby demand that ABC Company immediately:
– Cease any further use of my “Daydreaming” illustration in advertisements, websites, social media, product packaging, or any other media
– Remove the illustration from all web pages and digital ads where it currently appears
– Destroy any print material featuring the unauthorized illustration
– Provide an accounting of all profits received from the alleged infringing use
Please confirm in writing that you will comply with these demands by June 15, 2024. If I do not receive such confirmation, I will take further legal action including filing a copyright infringement lawsuit against ABC Company and seeking monetary damages. My copyright is registered with the U.S. Copyright Office under case number 1-11111111111.
I look forward to your prompt response.
Sincerely,
John Smith
3. Musician sends cease and desist to bar playing songs without permission
Dear The Music Pub,
I am a recording artist and songwriter. I am the copyright owner of my original songs “Dance All Night” and “Lost Love” which I published on my album “Midnight Grooves” with the U.S. Copyright Office, SR 000-000-000.
On the evening of Saturday April 18, 2024, I was a customer at your establishment. During my visit, a live band played my songs “Dance All Night” and “Lost Love” without a license or my consent. One of your servers confirmed the band plays my music regularly.
This unauthorized public performance of my copyrighted musical works is a violation of federal copyright law.
To resolve this matter, I require that The Music Pub:
- Immediately cease the unauthorized public performance of my songs
- Pay a retroactive licensing fee of $500 per song performed, for a total of $1000
- Obtain the proper licenses to legally perform or play my songs in the future
- Provide written confirmation that you have complied with these requests within 10 days
If I do not receive the requested payment and written assurances that the copyright infringement has stopped within 10 days, I will be forced to take further legal action including filing a lawsuit. In addition to monetary damages, I will seek an injunction barring The Music Pub from playing my songs without permission going forward.
Please be advised that this letter puts The Music Pub on notice that any further playing of my songs without a license will be considered willful copyright infringement, entitling me to seek maximum statutory damages of $150,000 per song in a lawsuit.
I await your response and hope we can resolve this matter promptly.
Regards,
Sara Jones
What Happens After Sending a Cease and Desist Letter?
After sending a copyright cease and desist letter, one of a few things may happen:
- The infringer complies with your demands. This is the ideal outcome. The recipient will notify you in writing that they have taken down the infringing content, destroyed copies, or stopped selling/performing your work. They may also pay you any requested licensing fees for past use. You should make a record of this compliance in case the infringement reoccurs.
- The infringer responds to dispute your claim. The recipient may write back arguing that their use is not actually infringement, perhaps claiming it is fair use or that they had an implied license. If their argument seems to have some merit, you may need to consult an attorney to evaluate the strength of your claim before proceeding.
- The infringer does not respond. If the deadline for compliance passes without any response from the alleged infringer, it may be time to escalate to filing a lawsuit. Similarly, if the recipient responds that they do not intend to comply with your demands, you may want to initiate a copyright infringement lawsuit to enforce your rights and stop the infringing activity.
- You discover the infringement has stopped but receive no response. Even if you don’t receive formal written confirmation that the recipient has complied with your demands, you may find that the infringing use has ceased. In many cases, a strongly worded letter is enough to scare the infringer into doing the right thing. As long as your copyrighted work is no longer being used without permission, you may not need to take further action.
Cease and Desist Letter Frequently Asked Questions
How do I send a cease and desist letter?
For best results, send your cease and desist letter via certified mail with the return receipt requested. This provides documented proof that your letter was delivered and received. You may also want to send a copy of the letter by regular mail and email if you have the infringer’s email address. Be sure to keep copies of the letter and mail receipts for your records.
When is a cease and desist letter NOT the right approach?
If the alleged copyright infringement is very minor or appears to be unintentional, a cease and desist letter may look like an overreaction. A lighter touch, like a polite email requesting the removal of the content, could be a better first step. On the flip side, if the infringement is severe, malicious, or causing major financial losses, it may be appropriate to skip the letter and immediately file a lawsuit seeking an injunction. When in doubt, consult an experienced copyright attorney for advice on your unique situation.
How much does it cost to have an attorney draft a cease and desist?
Costs for having an attorney write a cease and desist letter vary based on the complexity of the matter and the attorney’s experience level. Expect to spend anywhere from a few hundred to a few thousand dollars. Some attorneys may charge a flat fee, while others bill hourly. Be sure to discuss rates up front and get an estimate before engaging counsel.
What if the infringer ignores my cease and desist letter?
If you’ve sent a cease and desist letter and confirmed it was received, but the infringement continues, you may have to escalate the matter by filing a copyright infringement lawsuit in federal court. Your attorney can advise you on the merits of your case and what damages you may be entitled to. The court can order the infringer to stop using your work, pay you monetary damages, and reimburse your attorneys’ fees if you win.
Know Your Rights and Protect Your Work with a Strong Cease and Desist Letter
As a copyright owner, you have the exclusive right to copy, distribute, perform, display, and create derivatives of your work. When someone infringes on those rights, whether intentionally or not, you don’t have to stand for it.
If you need to stop unauthorized use of your copyrighted material, a well-crafted cease and desist letter is a powerful first step. Learn how Minc Law’s experienced team can help protect your rights and put an end to copyright infringement—schedule your consultation today.
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