If a person or company is copying, stealing, or imitating your original work or website, use a Cease and Desist Copyright Infringement Notice to demand that they provide proper credit or stop immediately.
The notice threatens legal action unless the violator stops profiting from, claiming credit for, or using your original work without permission. Learn more about this from our copyright infringement guide.
What Should a Copyright Infringement Notice Include?
You need to ensure several elements are included in your Cease and Desist Copyright Infringement Notice to make it as effective as possible. All of the below are included in our cease and desist copyright infringement letter template:
- Infringement Method: How the offending party infringed on your copyrighted material
- Original Work: The material you own that the offending party infringed on and how their work is the same as or similar to your own
- Copyright Registration Number: The number provided to you by the US Copyright Office, if you’ve registered the work
Is a Cease and Desist Copyright Infringement Letter Legally Enforceable?
No, a copyright infringement letter is not legally enforceable. The letter only aims to warn you that you may take legal action unless the infringement stops. Ideally, the violator will stop before you take legal action, saving you time, money, and stress.
What if My Letter Is Ignored?
If your cease and desist letter is ignored, you can file an infringement lawsuit against the offending party. However, you must formally register your original work with the US Copyright Office to file the lawsuit. [1]
US copyright laws protect your original works. [2] As soon as the expression of an idea is written, the result is copyrighted, and the owner has the exclusive right to use and display this original copyrighted work.
Those exclusive rights include the following:
- Monetizing the work
- Creating derivative works
- Displaying the work publicly
Registering your work creates a public record of the copyright, and anyone wishing to use all (or a portion) of this copyrighted work must first get your permission, the owner.
Suppose your website is covered by the Digital Millennium Copyright Act (DMCA), and a third party posts your copyrighted material. In that case, you may have to send a takedown notice to your registered DMCA agent.
How To Send a Copyright Infringement Letter?
Sending a cease and desist copyright infringement letter requires more than just writing and posting; make sure you follow these steps:
Step 1 – Prove your right to the copyrighted material
Before you start writing a copyright infringement letter, you first need to prove that you have the right to the copyrighted material. Use the United States Copyright Office Search Tool to find your copyright.
Step 2 – Collect evidence of unauthorized use
Once you’ve checked that the material being infringed is copyrighted, you need to collect evidence of when, where, and how the copyright infringement occurred. For example, you can take screenshots or gather URLs if the material is being used online.
For URLs, use a tool such as the Internet Archive (“Wayback Machine”), which captures the URL at the moment in time so the website owner can’t remove the material and say they never used it.
Step 3 – Write your copyright infringement cease and desist letter
Using our cease and desist copyright infringement template, write your cease and desist letter, ensuring you include the infringement method, original work, and copyright registration number. Make sure you have a date by which you expect a response.
Step 4 – Send the cease and desist letter
Send a cease and desist copyright infringement notice via Certified Mail with Return Receipt. This ensures you will be notified when the letter is delivered and accepted and signed for by the receiver. This can also help your case in court.
Step 5 – Prepare for court
Suppose the copyright infringement is severe and simply stopping the copyright infringement isn’t enough, then during the response period. In that case, you should meet with your legal counsel and prepare to take the case to court.
Sample Cease and Desist Copyright Infringement Notice
Here’s a sample of our Copyright Infringement Notice template:
You can create your version of this using our step-by-step document builder or download a blank template in PDF or Word format and fill it out on your own.
Cease and Desist Copyright Infringement FAQs
Is copyright infringement a crime?
Yes, copyright infringement is a crime. Infringing copyright willfully and for commercial or private financial gain is a criminal offense.
What does copyright infringement mean?
Copyright infringement is the reproduction, distribution, performance, creation of derivative work, or public display of copyright-protected materials without permission from the copyright owner. It means a third party is breaching the rights of the copyright owner.
How much can you sue for copyright infringement?
How much you can sue for when it comes to copyright infringement depends on several factors. There is no set amount, and the courts will consider actual damages, profits, and statutory damages. Going to court for copyright infringement can be expensive and time-consuming, so it’s worth figuring out how much you could sue.
What is the penalty for criminal copyright infringement?
The penalty for criminal copyright infringement includes imprisonment of up to five years and maximum fines of up to $250,000 per infringement.