Have you ever had something stolen from you? These days, this doesn’t necessarily mean someone swiped your wallet or phone 📱. Instead, someone can steal your digital creations. That’s where a cease and desist ©️ copyright notice can come in handy.
A lot of people and businesses have, at some point, been surprised to come across their work, logo, or trademark being used somewhere without their permission. This can be especially annoying if you’re in the creative world, where uncopyrighted use of your content can cause harm to your businesses. A cease and desist copyright notice can protect you 💪 in this situation.
Here’s another scenario: many of us have at some point in our lives been a target 🎯 of harassment or hate speech online 🤬. It’s easy to have no idea what to do to make it stop. This type of abuse can have a real effect on your daily life, and it’s another case where a cease and desist copyright notice can make all the difference.
In this article, we’ll take a look 🕵️ at what you can do to protect yourself and (or) your business from these infringements using a cease and desist copyright notice. We’ll examine 🧐 the uses of this copyright notice, how you can create one, what it should entail, and how best to serve this kind of copyright notice. So if you want to protect 💪 yourself and your work, read on!
What Is a Cease and Desist Copyright Notice?
A cease and desist copyright notice is otherwise known as a copyright infringement cease and desist letter. It’s essentially a document the copyright owner writes ✍️ or arranges for someone else to write for them. It requests that the recipient (individual or business) stops allegedly illegal activities 🚫 that infringe on the copyright owner’s rights. It also demands the recipient make appropriate corrections and reparations. This shows that whoever served this notice is serious and ready to pursue legal actions ⚖️ if the recipient doesn’t desist.
Before we dissect this topic further, it is important to define certain terms we’ll be using:
Copyright: This may seem obvious, but a technical definition is necessary here. According to the United States Patent and Trademark Office, a copyright protects original works of authorship including literary, dramatic 🎭, musical 🎼, and artistic works 🎨 such as poetry, novels, movies, songs 🎤, computer software, and architecture. Copyright, therefore, grants the creator of a work exclusive rights to it as well as the ability to choose whether the work may be used or reproduced by others.
Cease and Desist: Simply put, this means to stop or discontinue any illegal activity and refrain from engaging in such activity going forward.
A cease and desist notice can serve the following purposes:
· ❌ Stop copyright infringement
· ❌ Stop libel, slander or defamation of character
· ❌ Stop harassment
· ❌ Stop boundary encroachment
· ❌ Stop breach of contract
· ❌ Stop stalking and invasion of privacy
· ❌ Stop trademark infringement
If you could use some of that protection, let’s move ahead to creating your own custom cease and desist copyright notice
How to Create a Cease and Desist Copyright Notice
Creating this kind of copyright notice doesn’t have to be hard. While some people choose to employ the help of online cease and desist, builders, other people download 📲 various templates that can serve as guides to follow. You can also choose to write the whole notice yourself. Ultimately, whether before or after you create a draft, your attorney 👨⚖️ will be in the best position to guide you.
It is important to note that this said copyright notice 📝 is very different from a cease and desist order. A cease and desist copyright notice is just what the name implies—a notice that if the offending party doesn’t stop its infringing activities and make reparations, you’ll take legal steps ⚖️.
A cease and desist order is the official order the court 👨⚖️ issues to the offender(s). You only need one if the infringement continues after the recipient has received your initial cease and desist notice. Your attorney has to serve this order, which represents an escalation of the process.
What Should Your Cease and Desist Copyright Notice Entail?
If you are at a loss of what your notice should contain, not to worry🤓. Below, we’ll highlight and explain the details which a comprehensive cease and desist copyright notice should include.
The aim of this notice is to get the infringer to discontinue the alleged illegal activity against you and (or) your business so you have to go straight to the point and do away with unnecessary information and vulgar language. Bearing this in mind 🧠, below are the elements a cease and desist copyright notice must include.
· Sender and recipient’s name, address, and contact information
· Identification of the copyrighted work, either by title or by copyright registration number if available
· Straightforward and detailed description of the infringement or illegal activity
· List of demands
· The amount of time you are giving the recipient to meet the demands and make reparations
· Legal action: a warning that you will legally escalate if the infringement doesn’t stop
Now that we are familiar with the offenses or activities that warrant a cease and desist copyright notice and the important details to include when writing one, let us take a look at how
best to serve your written notice.
How to Serve Your Cease and Desist Copyright Notice
The best way 💯 to deliver this kind of copyright notice is actually largely dependent on the specific scenario. And remember that a notice is just a notice. It doesn’t actually constitute legal action; it’s more like the threat of legal action.
If you plan to serve your notice yourself, make sure to create a paper trail. Ensure that you have a record of the delivery method of your choice as well as a confirmation that your notice was received. There is no statutory stipulation as to how to deliver a cease and desist copyright notice; you really just have to assess the situation and choose the right method for you. Here are three options:
Certified mail services: We recommend this option mainly because the post office 🏤 will send you a delivery confirmation 📪. You will, however, need a mailing address.
Email: This is less reliable than certified mail. Let’s be real; emails can get stuck in spam folders or lost. If you do use email, check the email’s delivery status to be sure the recipient received/opened it.
In Person: In-person meetings aren’t the best option, as they can get contentious. We wouldn’t want you in a situation where you have to throw punches 👊 (we like you in one piece🤣). This is also not often an option at all, as the offender may be halfway across the world.
Get Help with Your Cease and Desist Copyright Notice
We are certain that you have learned a few (if not a lot) tips from this article. Hopefully, you now feel ready to stand up and take that step towards protecting your brand or intellectual property.
Just before we call it a day🤗, it is important to lay emphasis on a few things. While you can write and serve this copyright notice all by yourself, you may wish to seek the advice of your attorney first. That way, you can make sure your cease and desist copyright notice is clear and thorough and that your remuneration request is likely to be met.
We hope your infringer desists after receiving your notice and it wouldn’t have to escalate into a full-blown lawsuit. But if it does, you should have your attorney ready to help. Thanks to the internet, you can easily employ the services of an attorney over the internet to handle your case. Contact us 📞 today to get started!