Copyright Cease & Desist Letter

This Copyright Cease and Desist Letter is designed as a first step when enforcing copyright against an alleged infringer.

Also known as a “letter of claim” or “letter before action”, it puts the recipient on notice that the alleged infringement is known and seeks to resolve the matter without immediate legal action.

When to use this copyright letter before action

The letter should be used promptly once the relevant facts are known. It helps set out:

• the copyright you rely on;
• the alleged infringement;
• supporting evidence, such as specimens, photographs, marketing materials or other documents; and
• the undertakings required from the recipient.

The level of detail should be balanced. Include enough information to support the allegation, but not so much that you reveal material that could put you at a disadvantage.

Important limits on using this copyright enforcement template

This template has been reviewed for compatibility with the Intellectual Property (Unjustified Threats) Act 2017 and updated to reflect current best practice.

It should only be used for copyright. It should not be used for other intellectual property rights, such as registered designs, even where a copyright issue may overlap with another IP right.

If the alleged infringement involves more than one form of IP, or the position is unclear or uncertain, legal advice should be sought before taking any steps.

Undertakings, information and compensation

The letter asks the recipient to give undertakings, including:

• information to help calculate sums that may be due for the infringement; and
• an undertaking to pay those sums.

What is appropriate will depend on the circumstances. A full account of profits may be desirable in some cases, while a smaller agreed sum may be more suitable for less serious infringement where the aim is to conclude matters quickly and amicably.

Where there is doubt or disagreement, proper legal advice should be sought.

Copyright Cease & Desist Letter is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.