No one likes having their stuff stolen! That’s why space infringement, trademark infringement, boundary infringement, privacy invasion, and anything that has to do with any party using or doing anything without permission is such a pain😰. Thinking about the time and energy it took to make your stolen property just makes it worse. This is why the United States copyright law and intellectual property laws made infringement a breach of legal rights and gave you the ability to send copyright to cease and desist.
In this article, we’ll consider the legal considerations of copyright cease and desist notices and everything there is to know about them. We’ll get into how you can file one yourself, but first, let’s take a look at the key terms here.
Copyright: What Does It Entail?
If you write📑, sing🎤, paint🎨, develop websites or apps, then you should be familiar with the term “copyright” because it ensures your protection. How🤨? Well, “copyright” is the term for the exclusive right that creators have to their works. These works can be literary, technical, or artistic and can involve anything from books and texts to computer programs and drawings.
According to Wikipedia, copyright is supposed to protect the first or original expression of an idea, but it does not protect the idea itself. This means that copyright protection can cover how you expressed your view of the Ian Corzine firm if you write a review, but it cannot cover the original idea of the Ian Corzine firm. This means other individuals can still express their views too; they just can’t express it in the same words with which you did 🙂.
Copyright infringement is the unauthorized use of content or works that are subject to copyright protection. It requires three criteria 👌:
- The usage of content or works that are under copyright protection
- The copyright registration is held by another individual or third party
- The user used the work without seeking the permission of the original creator or copyright holder of such works.
If your works are copyrighted and anyone decides to use them without consulting you, you can take legal action against such individuals.
Cease and Desist
This is how you can tell someone to quit an act or illegal activity. A cease and desist also asks that the infringer refrains from taking your work in the future to prevent legal action or legal consequences ⚖️. Think of it as a demand letter.
However, there are a series of ways in which you can use the cease and desist. You can choose to send a cease-and-desist letter or notice in cases of harassment, invasion of privacy, defamation of character, and copyright infringement. It’s a pretty handy weapon!
Copyright Cease and Desist
Copyright infringement is the prominent reason why cease and desist letters or notices have been served, and we’d be lying if we say we don’t know why! The truth is, we don’t know if it is genuine or not, but people who infringe on the copyright rights of others often claim ignorance when confronted.
A Copyright Cease and Desist is also the first legal step towards larger legal action. Legally, your chances of success are nil if you serve them a lawsuit without first warning them. You also have to keep proof that they received the warning. This is the reason why most copyright cases fail.
Copyright holders or their legal representative can serve copyright cease and desist notices (or cease and desist copyright infringement notices). These warn the erring party and make a statement that says, “Keep Off!!! 🙄” Basically, the copyright cease and desist notifies the infringer that a) that work is yours and b) they shouldn’t be using it.
The notice goes further by warning people to stop using your work and refrain from it in the future. Failure to do so will prompt you to take legal steps and ultimately charge them to court.
Components of a Copyright Cease and Desist
A typical cease and desist notice must contain some vital details to pose a real legal threat to the “bad guys” 😈. This is not just for the purpose of informing the receiver. It also serves as proof that you duly warned the infringer to cease and desist. You can use this if the infringer refuses to stop using your work and you have to resort to a lawsuit.
Here’s the information that your copyright cease and desist notice should contain:
- Sender’s information (Name, address, email address, and phone number)
- Receiver’s information (Name, address, email address, and any other contact information known to you)
- A detailed description of the work subject to alleged infringement
- Proof that you are the original owner and the copyright owner of the work
- Information about the method of infringement and how it has affected you as the copyright holder
- Charge to refrain from the infringing activity
- A statement of the steps you’ll take if the receiver does not adhere to this charge. Here, you can also add the statutory damages you want the receiver to pay.
- An ultimatum or deadline. This is usually a time frame within which you expect the infringer to cease copyright violation and make reparations.
Once you add these details, you can go ahead to send your copyright cease and desist by mail or serve it in person. If you send it in the mail 📩, make sure you get a proof of deliver and keep proof of return receipt!
Get Help with Your Copyright Cease and Desist
Now you know what to do the next time you notice that an infringer is using your copyrighted works 😀! Should you have any more questions about this topic or need the help of legal counsel in writing or serving your copyright cease and desist, do not hesitate to reach out to us for a consultation. You can also request our comprehensive copyright cease and desist template, which you can get at an affordable cost. Now get out there and protect your handwork 💪!