As a creator, you have the right to decide where, how, and when your work is used. As such, you may be disheartened to find your creation on another person’s website, for sale by a company, or being distributed for free. Because you own the work, you are within your rights to demand that the offender stop using your creation with a cease and desist letter. If you’re unfamiliar with how these work or what to include, you’ll want to keep reading. You’ll also learn how copyright infringement lawyers can help you hold the violators accountable.
What Function Does a Cease and Desist Letter Serve?
A cease and desist letter is not legally binding but is the first step in the process. If you discover that your work is being used without your permission, this letter is an official warning that lets the offender know that if they do not stop, you will take legal action.
You may think these are unnecessary because they do not have any legal effect. However, sending this letter can be used as evidence if the offender does not stop their violation and you choose to pursue legal action against them.
What Should I Include in My Letter?
If you want to send a cease and desist, you must include basic contact information before explicitly informing the offender of the actions you are ordering to cease. You should also insert a date they must comply by and tell them that you will pursue legal action if they do not stop.
Aside from the basics, you’ll also need to include all relevant information about what, in specific, you are referring to. For example, if an online business is using your artwork to advertise its website, you must be as detailed as possible when referring to the image you want to be removed from the site. Include any screenshots, dates, and additional details to support your claim. You must also include proof you own the property.
How Do I Send One?
If you want to send a cease and desist letter, it’s in your best interest to enlist the assistance of an attorney to help you write the communication. This ensures that your letter is legally valid and effective.
Unfortunately, copyright claims are often complex and confusing, so investing in legal guidance to help you through this process is crucial. Similarly, if the offender does not stop their behavior, your attorney is already familiar with the circumstances of your claim.
At CopyCat Legal, we will work tirelessly to hold those who infringe upon your work responsible for their actions. Our dedicated legal team understands how unfair it can be to see someone else use and profit off your work. As such, we will do everything possible to help you receive the justice you deserve. Contact us today to learn how we will guide you through this process.