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Cease and desist letter – Copyright
What is a copyright cease and desist letter and when should you use it?
Copyright infringement can have serious repercussions for both the copyright holder, and the infringer.
What we have found is that companies, or individuals, who infringe a copyright do not often understand the seriousness of their act(s).
Copyright infringement, or any other intellectual property (IP) for that matter, are similar to theft.
There are legal implications of copying or using original, creative or artistic work without permission.
On the other side, copyright owners are also unaware of their rights and what a copyright is in general.
A cease and desist, or a letter of claim, is a document which is served to an individual or company to request they cease from continuing a specific act.
The main purpose of the cease and desist letter is to point out wrongdoing by the other party with a clear legal justification.
In case of copyright infringement, it is important to establish:
- Whether copyright exists in the claimed work; which is known as subsistence.
- Who is the owner of the copyright.
Take a look at our guide on copyright ownership
A copyright is an unregistered right unlike a registered trade mark.
There is no register to refer to so it is important to investigate the creation of work.
If the work cannot be categorised as a copyright or ownership cannot be established, there is no claim for infringement.
Through this letter, the aim is to resolve the claim of infringement.
The infringing party is put on notice, and in the case the matter ends up in court, this is seen as a necessary first step.
The letter is not an indication of court action being pursued, but it is likely to be the next course of action if the letter doesn’t achieve its intended purpose.
Cease and desist is not only used for copyright infringement.
It is also used for other forms of IP such as trade marks, designs or patents, and in cases of defamation or harassment.
You can find our passing off cease and desist letter here
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