Legal Letters

CEASE & DESIST LETTERS

. . . on Copyright . . . .

If a company imagines that it can erect barriers to the enforcement of copyrght by creating a labyrinthine DMCA policy, they’re sadly mistaken. Formal notification of copyright infringement is sufficient, usually served by registered mail. Once notified, the burden is theirs – not yours – to investigate your claim and either comply with your demand or formally dispute your claim.

Send them a cease-and-desist letter by post and by email, identifying their product whch violates your copyrght and demanding that they (1) remove it from their published product line, whether on the Web or elsewhere, within 48 hours, and (2) cancel any open orders for that product that they may receive or be processing.

You may also, if you wish, advise them that if they wish to continue selling this item, your standard licensing fee is $2000 (or some other healthy figure) for one year. In that case, they must notify you of their intent to license your product and remit the fee prior to any further sales. Failure to cure the copyright infringement or dispute your claim will be construed as intent to license and demand for payment will follow.

There are templates all over the web for C&D letters although most don’t include the licensing paragraph above. Some do. I doubt you’ll need the licensing agreement, but there are templates for that too.

. . . and other topics here.

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