How Does a Cease and Desist Letter Work for Copyright Infringement?
As a creator, your work is important to you. Whether you create for your livelihood or out of passion, doing what you can to ensure you protect your content is critical. That’s why it’s imperative to familiarize yourself with the copyright laws in place intended to shield creators and their worlds from misuse or copying. If you find that someone is using your work without permission, understanding the steps you must take to hold them accountable is critical. One option many are unaware of is sending a cease and desist letter to the thief. If you’re interested in learning more about this choice, you’ll want to keep reading. You will also discover how a Bergen County, NJ copyrights attorney can assist you through these matters.
What Works Are Covered Under Copyright Law?
Copyright is intended to help ensure the creators of works have rights exclusively permitted to them. However, only certain works are protected under these laws. These works include:
- Photographs
- Paintings
- Movies
- Books
- Plays
- Architecture
- Music
When a work is created, the author or creator of the work is automatically granted copyright protection. However, they can register the work with the United States Copyright Office which grants additional protections, like the right to pursue legal action against those who unlawfully use or disseminate the work of another.
Generally, if you find that someone copies, distributes, displays or otherwise uses your protected work in a manner that does not align with the Fair Use Doctrine, it can be considered copyright infringement.
What Is a Cease and Desist Letter?
A cease and desist letter is a common form of action copyright holders take when their work is infringed upon. Generally, this informs the infringer that you are aware of the copyright infringement they are engaged in and informs the recipient that they must immediately stop using your content or face a lawsuit for the violation.
In this letter, you will include details that show you are the owner of the work, ways in which they have violated your rights, inform them they must cease all infringement, and, if you wish, request compensation for any damages you suffered due to their use of the work. You should also inform the recipient what your next steps will be if they do not comply with your request.
Unfortunately, this process can be complex, and often, recipients of these letters will not respond or comply. As such, it’s in your best interest to connect with an experienced attorney who can help guide you through the process of writing a cease and desist letter to ensure the information included is comprehensive and legally valid. Additionally, they can represent you if you wish to take legal action against the person infringing your rights as a copyright owner.
At the Law Offices of Richard E. Novak, we understand how complicated these matters can be. Our firm believes those who infringe upon the works of others should be held responsible for their actions. Connect with us today to learn how we can help you if this reflects your circumstances.