Registered Copyright Cease and Desist Template

While a cease and desist letter doesn’t have a legal effect in and of itself, it’s often a good way to begin the process of stopping someone from engaging in an activity that is harming you in some way.

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REGISTERED COPYRIGHT CEASE AND DESIST LETTER TEMPLATE

 

[DATE]

[ADDRESS]

[EMAIL]

Re: Cease and Desist Use of Registered Copyright

Dear [NAME],

We are writing in connection with claims for copyright infringement against you. Recently, it has come to our attention that you have improperly reproduced [COPYRIGHTED WORK] (the “Copyrighted Work”) commercially and without authorization. The Copyrighted Work is the exclusive property of [COPYRIGHT HOLDER].

The Copyrighted Work in question is [DESCRIPTION OF COPYRIGHTED WORK].

Specifically, the Copyrighted Work was improperly reproduced by you [DESCRIBE INFRINGEMENT].

You Have Violated [COPYRIGHT HOLDER]’s Rights Under US Copyright Law.

As the copyright owner, [COPYRIGHT HOLDER] has the exclusive rights to reproduce, distribute, display, or prepare derivative works based upon the Copyrighted Work. Any reproduction, distribution, or display of a copyrighted work without authorization from the copyright holder constitutes infringement. Thus, you have unquestionably infringed upon [COPYRIGHT HOLDER]’s copyrights by reproducing the Copyrighted Work in the manner referenced above. This is a strict liability offense: you are responsible for such infringing activity regardless of your intent and retraction of the infringement will not relieve you from liability for damages arising from such infringements.

Damages Arising From Your Copyright Infringements

Actual Damages

In the event that a copyright holder’s rights are infringed upon, a copyright holder is entitled to recover actual damages and profits earned from your infringement regardless if the infringement was intentional or willful. 

Statutory Damages

Statutory damages are likely more relevant to the present situation. Copyright infringement of any work for which the copyright holder has obtained registration is subject to statutory damages of up to thirty thousand dollars ($30,000) per instance, plus recovery of attorney’s fees. Moreover, in the event we are able to show that such infringement was committed willfully, then such damages may be increased to one hundred and fifty thousand dollars ($150,000) per instance plus recovery of attorney’s fees. 

“Willfulness” in the context of the Copyright Act means that the infringer had actual knowledge it was infringing the plaintiff’s copyright or else acted in reckless disregard of the high probability that it was infringing the plaintiff’s copyright. This knowledge may be actual or constructive. Moreover, willfulness may be established for statutory damage purposes by showing the alleged infringers continued to use the copyrighted works after receiving a cease-and-desist letter from those works’ owners. Here, by [DESCRIPTION OF INFRINGEMENT], your actions have clearly established willful infringement and thus, you may be subject to penalties well beyond the thirty thousand dollar ($30,000) statutory limitation for non-willful infringement. 

Demand 

Accordingly, [COPYRIGHT HOLDER] demands that you immediately cease and desist from all unlicensed uses of the Copyrighted Work. Should you choose not to cooperate with [COPYRIGHT HOLDER]’s demands, [COPYRIGHT HOLDER] will take unilateral action, including seeking as attorney’s fees and costs for your infringement. 

Sincerely yours,

[NAME]

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Template Documents Disclaimer:

Please read the following carefully. These terms about the templates (“Template Documents”) library (“Template Documents Disclaimer”) govern your use of the Template Documents and supplement the Concord Free Account Terms or the Concord Commercial Terms, whichever may be applicable to you and which is hereby incorporated by reference. All Template Documents are provided on a nonexclusive license basis only for your personal or internal business use for noncommercial purposes, without any right to relicense, sublicense, distribute, assign or transfer such license.  Template Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, timeliness, accuracy and/or appropriateness.  THE DOCUMENTS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH “ALL FAULTS,” AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  The Template Documents may be inappropriate for your particular circumstances. Furthermore, state laws may require different or additional provisions to ensure the desired result. You should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions as the Template Documents are only samples and may not be applicable to a particular situation.