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This form is a sample cease and desist letter sent in response to copyright infringement. The particular infringement described is the unauthorized use of materials that had previously been a part of the owner’s Web site. In this example a derivative work that was essentially identical was used on the infringer’s Web site. This letter may be sent by e-mail, but it should also be sent in hard copy by certified mail.
[name of infringer]
It has come to my attention
that you have made an unauthorized use of my copyrighted work
entitled [name of work] (the “Work”) in the
preparation of a work derived therefrom. I have reserved all
rights in the Work, which was first published in 1999 on http://www.mycompany’swebsite.com,
and I have registered the copyright.
Your work entitled [name of
infringing work] and which appears on your web site at http://www.yourinfringing.com,
is essentially identical to the Work and clearly used the Work
as its basis. [Give few examples that illustrate direct
copying and/or unfair use.]
You neither asked for nor
received permission to use the Work as the basis for [name of
infringing work] nor to make or distribute copies of it.
Therefore, I believe you have willfully infringed my rights
under 17 USC Section 101, et seq. and could be liable for statutory
damages as high as $100,000.
I demand that you immediately
cease the use and distribution of all infringing works derived
from the Work, and all copies of it, and that you deliver to
me all unused, undistributed copies of it, or destroy such
copies immediately, and that you desist from this or any other
infringement of my rights in the future. If I have not
received an affirmative response from you by [date] indicating
that you have fully complied with these requirements, I shall
consider taking the full legal remedies available to rectify
Notice: This is a sample form for illustrative
purposes. This sample may not be suitable for your particular
circumstances and different agreements or legal arrangements
may be necessary depending on your jurisdiction. Therefore,
you should not use this sample, or any part, without the
advice of competent legal counsel.
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