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Cease And Desist Copyright Template for United States

A Cease and Desist Copyright letter is a formal legal document used in the United States to demand that an individual or entity stop unauthorized use of copyrighted material. The document serves as an initial step in copyright enforcement, putting the alleged infringer on notice and demanding immediate cessation of infringing activities. It operates under U.S. federal copyright law, including the Copyright Act and Digital Millennium Copyright Act, and can be used as evidence in subsequent legal proceedings if the infringement continues.

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What is a Cease And Desist Copyright?

A Cease and Desist Copyright letter is utilized when a copyright holder discovers unauthorized use of their protected work and wishes to stop the infringement without immediate court intervention. This document, governed by U.S. federal copyright law, serves as a formal warning and typically precedes legal action. The letter outlines the copyright ownership, details the specific infringement, and demands immediate cessation of unauthorized use. It's particularly effective in establishing a paper trail of attempted resolution and demonstrating the infringer's awareness of their actions, which can be crucial if litigation becomes necessary.

What sections should be included in a Cease And Desist Copyright?

1. Sender Information: Full contact details and legal status of copyright holder

2. Recipient Information: Full contact details of alleged infringer

3. Copyright Ownership Statement: Clear declaration of ownership of copyrighted work and details of the protected material

4. Infringement Details: Specific description of infringing activity and materials, including dates and locations of infringement

5. Demand for Cessation: Clear statement of demanded actions and timeline for compliance

6. Legal Consequences: Statement of potential legal action if demands not met, including reference to relevant legislation

What sections are optional to include in a Cease And Desist Copyright?

1. Prior Communications: Reference to any previous attempts to resolve the issue or prior warnings given

2. Monetary Demands: Requests for compensation or damages for the unauthorized use of copyrighted material

3. DMCA Takedown Notice: Specific DMCA compliance language for online infringement cases

What schedules should be included in a Cease And Desist Copyright?

1. Schedule A - Evidence of Copyright Ownership: Copies of copyright registration certificates or other proof of ownership

2. Schedule B - Evidence of Infringement: Screenshots, copies, or other documentation demonstrating the infringement

3. Schedule C - Prior Correspondence: Copies of any relevant prior communications regarding the infringement

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use

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