Use our Cease and Desist Copyright Infringement Notice to warn violators that you’ll take legal action unless they stop.
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.
Below, we provide a strongly worded template to help you make a powerful demand. The notice threatens legal action unless the violator stops profiting from, claiming credit for, or using your original work without permission.
How to Write a Cease and Desist Copyright Infringement Notice?
There are several factors you need to consider when you’re writing a 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
You can use our document builder that includes all of the above — all you have to do is fill out the blanks.
Sample Cease and Desist Copyright Infringement Notice
Here’s what a typical cease and desist copyright infringement notice look like:
Cease and Desist Copyright Infringement Letter
From
____________________________
____________________________
____________________________
Date: _____________________
VIA ☐ Certified Mail ☐ Overnight Mail ☐ Email ☐ Facsimile ☐ Other: __________________
To
____________________________
____________________________
____________________________
Re: Cease and Desist – Copyright Infringement
Dear _______________________:
It has come to our attention that your ________________________________ [Name and
description of infringing work] is: (Check one)
☐ obviously copied after
☐ imitated after
☐ identical to
☐ substantially similar to
☐ other: ________________
__________________________ [Name of original work], specifically _____________________________
______________________________________________________________ [Description of similarities].
We are the proprietors of all copyright in __________________________ [Name of original work]
(the “Work”). We have reserved all rights in the Work, which was first published on ____________,
20____ (☐ with registration number ___________________). You neither requested nor received
permission to use the Work therefore your unauthorized copying and use of the copyrighted Work
constitutes copyright infringement in violation of the United States copyright laws.
We hereby demand that you, within _______ days of this letter: __________________________
___________________________________________________________________ [Describe demands].
If you do not cease and desist within the above stated time period, we will be forced to take
appropriate legal action against you and will seek all available damages and remedies.
Sincerely,
Printed Name: _______________________
Title: _______________________
You can create your own version of this using our free copyright infringement letter builder.
Why use a cease and desist copyright infringement letter?
There are several benefits to using a cease and desist copyright infringement notice, including:
- 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 made attempts to put an end to the copyright infringement
- If an offender continues to violate copyright laws after receiving a cease and desist letter for copyright infringement, 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 cease and desist copyright infringement letter is not legally enforceable. The letter’s only purpose is to serve as a warning that you may take legal action unless the infringement stops. Ideally, the violator will stop before you need to take legal action, saving you time, money, and stress.
What if My Letter Is Ignored?
If your cease and desist letter is ignored, you have the option to file an infringement lawsuit against the offending party. However, you must first formally register your original work with the US Copyright Office in order to file the lawsuit.
Your original works are protected by US copyright laws. As soon as the expression of an idea is written, the work is copyrighted and the owner has the exclusive right to use and display this original copyrighted work.
Those exclusive rights include:
- 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 then first get permission from you, the owner.
If your website is covered by the Digital Millennium Copyright Act (DMCA), and a third party is posting your copyrighted material, you may have to send a takedown notice to your registered DMCA agent.