• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    Business & Contracts

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Business Forms
    Business Formation
    • Business Plan
    • LLC Operating Agreement
    • Articles of Incorporation
    • Corporate Bylaws
    • Buy-Sell Agreement
    Business Operations
    • Business Contract
    • Partnership Agreement
    • Non-Disclosure Agreement
    • Release of Liability
    • Letter of Intent
    Sales and Payments
    • Purchase Agreement
    • Sales Agreement
    • Invoice
    • Purchase Order
    • Business Purchase
    Employment and HR
    • Employment Contract
    • Employment Offer
    • Employment Verification
    • Freelance Contract
    • Non-Compete Agreement
    View All Business Forms
  • Real Estate Forms
    Real Estate

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Real Estate Forms
    Landlords
    • Lease Agreement
    • Property Management
    • Eviction Notice
    • Late Rent Notice
    • Lease Termination
    Tenants
    • Room Rental
    • Sublease Agreement
    • Roommate Agreement
    • Notice to Vacate
    • Early Lease Termination
    Home Ownership
    • Real Estate Purchase Agreement
    • Mortgage Deed
    • Quitclaim Deed
    • Deed of Trust
    • Moving Checklist
    View all Real Estate Forms
  • Personal & Family Forms
    Personal and Family

    All of our legal contracts and documents are drafted and regularly updated by attorneys licensed in their respective jurisdictions, paralegals, or subject matter experts. Save your hard-earned money and time with Legal Templates.

    Top Personal and Family Forms
    Estate Planning
    • Power of Attorney
    • Last Will & Testament
    • Living Will
    • Advance Directive
    • DNR Form
    Personal Finance
    • Bill of Sale
    • Loan Agreement
    • Purchase Agreement
    • Promissory Note
    • Sales Agreement
    Family Matters
    • Parenting Plan
    • Child Travel Consent
    • Divorce Agreement
    • Separation Agreement
    • Prenuptial Agreement
    Affidavits
    • General Affidavit
    • Gift Affidavit
    • Affidavit of Identity
    • Affidavit of Residence
    • Affidavit of Death
    View All Personal Forms
  • Support
    Resources
    • Business
    • Real Estate
    • Personal and Family
    • Financial
    • Estate Planning
    Support
    • About Us
    • Careers
    • Contact Us
    • All Legal Documents

    Monday - Friday | 9AM - 7PM EDT

    (855) 335-9779

  • Sign In
  • :email

Home Business Documents Cease and Desist Letter Copyright Infringement

Cease and Desist Copyright Infringement Letter

Use our Copyright Infringement Letter template to warn violators that you’ll take legal action unless they stop.

Updated January 6, 2023 | Legally reviewed by Brooke Davis

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.

Table of Contents
  • What Should a Copyright Infringement Notice Include?
  • Is a Cease and Desist Copyright Infringement Letter Legally Enforceable?
  • How To Send a Copyright Infringement Letter?
  • Sample Cease and Desist Copyright Infringement Notice
  • Cease and Desist Copyright Infringement FAQs

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

Benefits of Using a Cease and Desist Copyright Infringement Letter:

  • Resolving issues of copyright infringement quickly, without the need for litigation.
  • It can act as additional evidence if your case goes to court, showing that you attempted to end the copyright infringement.
  • Suppose an offender continues to violate copyright laws after receiving a cease and desist letter for copyright infringement. In that case, the damages you’re awarded in court could increase if you win the case.

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:

cease and desist copyright infringement letter

View Filled Sample PDF
Download MS Word

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. 

Legal Templates uses only high-quality sources, including peer-reviewed studies, to support the facts within our articles. Read our editorial guidelines to learn more about how we keep our content accurate, reliable and trustworthy.

  1. Register Your Work: Registration Portal. https://www.copyright.gov/registration/
  2. U.S. Code § 106 - Exclusive rights in copyrighted works. https://www.law.cornell.edu/uscode/text/17/106

Related Intellectual Property Documents

  • Cease and Desist Trademark Infringement Letter: Use this document to let offending parties know they are violating your trademark.
  • Confidential Information & Inventions Assignment (CIIA) Agreement: Download a confidential information and inventions assignment agreement here
  • Non-Disclosure Agreement (NDA): Use this template to establish a contract between two parties promising to keep certain information confidential.
cease and desist copyright infringement letter Preview PDF

Free Cease and Desist Copyright Infringement Notice

Create Your Cease and Desist Copyright Infringement Notice in Minutes!

Legal Documents

  • All Legal Forms
  • Business Forms
  • Real Estate Forms
  • Personal and Family Forms

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Legal Resources
  • Business
  • Real Estate
  • Personal & Family
  • Estate Planning
  • Financial
  • Covid-19 Resources

Company

  • Pricing
  • About Us
  • Careers
  • Contact Us
  • Partner With Us
  • Legal Dictionary

Users

  • Account
  • Terms of Use
  • Privacy Policy
  • Do Not Sell My Personal Information
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 9AM - 7PM EDT

Facebook Twitter LinkedIn

Copyright 2023 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use. Legaltemplates.net is owned and operated by Resume Technologies Limited, London with offices in London United Kingdom.”

Esc

Cease and Desist Copyright Infringement Letter

cease and desist copyright infringement letter

The document above is a sample. Please note that the language you see here may change depending on your answers to the document questionnaire.

Fill in the details

Thank you for downloading one of our free legal templates!

Would you leave us a review?

We hope you've found what you need and are able to avoid the time, costs, and stress associated with dealing with a lawyer.

A review would mean the world to us (it only takes about 15 seconds).

Please check your download folder for MS Word or open tabs for PDF so you can access your FREE Legal Template Sample

Thanks again, and good luck!

Leave My Review