COPYRIGHT INFRINGEMENT CEASE AND DESIST LETTER

SENDER INFORMATION

From (Copyright Owner or Authorized Representative):

RECIPIENT INFORMATION

To (Alleged Infringer):

LETTER DATE

Date: _____ day of _________________, 20_____

DELIVERY METHOD

☐ Certified Mail, Return Receipt Requested (No. _______________)
☐ Email (with read receipt requested)
☐ FedEx/UPS Overnight (Tracking No. _______________)
☐ Personal Delivery
☐ Registered Mail

LETTER CONTENT

[DATE]

VIA [DELIVERY METHOD]

[RECIPIENT NAME]
[RECIPIENT ADDRESS]
[CITY, STATE ZIP]

RE: Cease and Desist - Copyright Infringement
Our Client/Work: [COPYRIGHTED WORK TITLE]
Copyright Registration No.: [IF REGISTERED]

Dear [RECIPIENT NAME/LEGAL COUNSEL]:

INTRODUCTION

This law firm represents [COPYRIGHT OWNER NAME] (hereinafter "our Client") in connection with the protection and enforcement of intellectual property rights, including copyrights in [DESCRIPTION OF WORK] (hereinafter the "Work").

We are writing to demand that you immediately cease and desist from the unauthorized use and infringement of our Client's copyrighted Work.

OWNERSHIP OF COPYRIGHT

Our Client is the owner of all rights, title, and interest in and to the Work, which is protected under the Copyright Act of 1976, as amended, 17 U.S.C. § 101 et seq. The Work was created on or about [DATE OF CREATION] and was first published on [DATE OF PUBLICATION, if applicable].

☐ The Work is registered with the United States Copyright Office under Registration Number _______________. Pursuant to 17 U.S.C. § 410(c), this registration constitutes prima facie evidence of the validity of the copyright and the facts stated in the certificate.

☐ The Work is an original work of authorship fixed in a tangible medium of expression and qualifies for copyright protection under 17 U.S.C. § 102, regardless of registration status.

Description of the Copyrighted Work:
_____________________________________________
_____________________________________________
_____________________________________________

INFRINGING ACTIVITY

It has come to our Client's attention that you are engaged in the following unauthorized activities that constitute copyright infringement under 17 U.S.C. § 501:

Nature of Infringement:

☐ Unauthorized Reproduction (17 U.S.C. § 106(1))
You have reproduced the Work without authorization by: _________________________

☐ Unauthorized Distribution (17 U.S.C. § 106(3))
You have distributed copies of the Work to the public without authorization by: _________________________

☐ Unauthorized Public Display (17 U.S.C. § 106(5))
You have publicly displayed the Work without authorization at/on: _________________________

☐ Unauthorized Public Performance (17 U.S.C. § 106(4))
You have publicly performed the Work without authorization at/on: _________________________

☐ Unauthorized Derivative Work (17 U.S.C. § 106(2))
You have created an unauthorized derivative work based on the Work by: _________________________

☐ Unauthorized Digital Transmission (17 U.S.C. § 106(6))
You have transmitted the Work by digital audio transmission without authorization.

Location/URL of Infringing Material:
_____________________________________________
_____________________________________________

Date Infringement Discovered: _____________________________________________

Evidence of Infringement:
☐ Screenshots attached
☐ Downloaded copies preserved
☐ Witness statements
☐ Other: _________________________

EXCLUSIVE RIGHTS UNDER COPYRIGHT LAW

Under 17 U.S.C. § 106, our Client holds the exclusive rights to:

1. Reproduce the Work in copies or phonorecords;
2. Prepare derivative works based upon the Work;
3. Distribute copies of the Work to the public;
4. Perform the Work publicly;
5. Display the Work publicly; and
6. In the case of sound recordings, perform the Work publicly by means of digital audio transmission.

Your unauthorized activities violate one or more of these exclusive rights and constitute copyright infringement under 17 U.S.C. § 501.

REMEDIES AVAILABLE

Our Client is entitled to the following remedies under the Copyright Act:

Injunctive Relief (17 U.S.C. § 502):
The court may grant temporary and final injunctions to prevent or restrain infringement of a copyright.

Impoundment and Disposition (17 U.S.C. § 503):
The court may order the impoundment and destruction of all infringing copies.

Actual Damages and Profits (17 U.S.C. § 504(b)):
The copyright owner is entitled to recover the actual damages suffered as a result of the infringement, plus any profits of the infringer attributable to the infringement.

☐ Statutory Damages (17 U.S.C. § 504(c)):
Because our Client's Work was registered [before infringement commenced / within three months of publication], our Client may elect to recover statutory damages of:
- $750 to $30,000 per work infringed; or
- Up to $150,000 per work for willful infringement.

☐ Attorneys' Fees and Costs (17 U.S.C. § 505):
The court may award reasonable attorney's fees and full costs to the prevailing party.

DEMANDS

We hereby demand that you immediately:

1. CEASE AND DESIST
Immediately cease and desist from all use, reproduction, distribution, display, performance, or other exploitation of the Work.

2. REMOVE INFRINGING MATERIALS
Within [7/14/30] days of receipt of this letter, remove all infringing materials from:
☐ Your website(s)
☐ Social media accounts
☐ Physical locations
☐ Inventory/stock
☐ All other locations where the Work appears without authorization

3. DESTROY INFRINGING COPIES
Destroy all unauthorized copies of the Work in your possession, custody, or control, and provide written certification of such destruction.

4. ACCOUNTING
Provide a complete accounting of:
- All instances of unauthorized use of the Work;
- All revenue, profits, or other benefits derived from use of the Work;
- All copies made and distributed.

5. COMPENSATION
Pay to our Client the sum of $_____________ within [14/30] days, representing:
☐ License fees for unauthorized use: $_____________
☐ Estimated lost profits: $_____________
☐ Disgorgement of your profits: $_____________
☐ Statutory damages: $_____________
☐ Our Client's attorneys' fees and costs: $_____________

6. WRITTEN ASSURANCE
Provide a signed written statement:
- Acknowledging our Client's copyright ownership;
- Committing not to engage in future infringing activity; and
- Identifying any third parties to whom you distributed the Work.

RESPONSE DEADLINE

You must respond to this letter and comply with the above demands within [14/21/30] days from the date of this letter, no later than [DEADLINE DATE].

CONSEQUENCES OF NON-COMPLIANCE

If you fail to comply with the demands set forth in this letter by the deadline specified above, our Client is prepared to pursue all available legal remedies without further notice, including but not limited to:

1. Filing a civil action for copyright infringement in federal court;
2. Seeking temporary, preliminary, and permanent injunctive relief;
3. Seeking actual damages, statutory damages, profits, attorneys' fees, and costs;
4. Referring the matter for potential criminal prosecution for willful infringement under 17 U.S.C. § 506 and 18 U.S.C. § 2319;
5. Notifying relevant platforms and service providers to seek removal of infringing content;
6. Pursuing any other remedies available at law or equity.

PRESERVATION OF EVIDENCE

This letter serves as notice to preserve all evidence related to the infringement, including but not limited to:
- All copies of the Work;
- All documents relating to the acquisition, use, or distribution of the Work;
- All communications regarding the Work;
- All financial records relating to the Work;
- All website analytics and traffic data;
- All server logs and access records.

Failure to preserve such evidence may result in sanctions and adverse inferences in any subsequent litigation.

RESERVATION OF RIGHTS

Nothing in this letter shall be construed as a waiver of any of our Client's rights or remedies, all of which are expressly reserved. This letter is not intended to be, and shall not be construed as, an exhaustive statement of the facts or law relating to this matter, nor a complete summary of our Client's claims or potential claims.

The fact that we have chosen to address certain specific instances of infringement in this letter does not preclude our Client from addressing additional instances of infringement that may be discovered in the future.

NO ADMISSION

By sending this letter, our Client does not make any admission, express or implied, and does not waive any defenses or claims it may have against you.

CONTACT INFORMATION

All correspondence regarding this matter should be directed to:

[ATTORNEY/REPRESENTATIVE NAME]
[FIRM NAME]
[ADDRESS]
[CITY, STATE ZIP]
[PHONE]
[EMAIL]

Please govern yourself accordingly.

Very truly yours,

_____________________________________________
[SIGNATURE]

[PRINTED NAME]
[TITLE]
[ON BEHALF OF: COPYRIGHT OWNER NAME]

ENCLOSURES

☐ Copy of Copyright Registration Certificate
☐ Screenshot(s) of Infringing Use
☐ Side-by-side comparison of original and infringing work
☐ Evidence of ownership
☐ Proof of first publication
☐ Other: _________________________

INTERNAL NOTES (Not to be sent with letter)

Pre-Sending Checklist:

☐ Verified ownership of copyright
☐ Documented infringement with screenshots/evidence
☐ Preserved evidence (web archive, screenshots, downloads)
☐ Confirmed registration status with Copyright Office
☐ Calculated damages/compensation demand
☐ Set calendar reminder for response deadline
☐ Prepared litigation file in case of non-response

Risk Assessment:

☐ Fair use defense unlikely
☐ Fair use defense possible - consider before sending
☐ Statute of limitations considerations: _________________________
☐ Defendant's likely ability to pay: _________________________

Follow-Up Actions:

ALTERNATIVE SHORTER VERSION

For less formal situations or initial contact:

[DATE]

[RECIPIENT NAME/EMAIL]

Subject: Copyright Infringement Notice - [WORK TITLE]

Dear [RECIPIENT]:

I am the owner of the copyright in [DESCRIPTION OF WORK], which was [published/created] on [DATE]. I have discovered that you are using my copyrighted work without authorization at [LOCATION/URL].

This unauthorized use infringes my exclusive rights under 17 U.S.C. § 106 and constitutes copyright infringement under 17 U.S.C. § 501.

I demand that you immediately:
1. Remove the infringing material from [LOCATION/URL];
2. Cease all unauthorized use of my work; and
3. Confirm your compliance in writing within [14] days.

Failure to comply may result in legal action seeking injunctive relief, damages up to $150,000 per willful infringement under 17 U.S.C. § 504(c), and attorneys' fees under 17 U.S.C. § 505.

Please contact me at [EMAIL/PHONE] to discuss resolution.

Sincerely,
[YOUR NAME]
[COPYRIGHT OWNER]

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Copyright enforcement involves complex legal considerations. Before sending a cease and desist letter, consult with a qualified intellectual property attorney to evaluate your claims and ensure compliance with applicable law.