Only the copyright owner has the power to determine whether the copyright may be used and/or reproduced by others and under what circumstances it can happen.
Anyone holding legitimate copyright ownership that suspects that an unauthorized third-party may be utilizing it either by accident or with malicious intent needs to seek guidance from an expert attorney to determine the nature of the case.
If there is in-fact a copyright infringement, a cease and desist letter will help to discourage anyone who may be infringing your copyrights.
In this article, you will discover how to write a cease and desist letter for copyright infringement.
Why Opting for a Cease and Desist Letter Against Copyright Infringement?
As provided by US law, any piece of original work is copyrighted immediately after its creation. Hence, all ownership rights are assumed to its creator, which is responsible for detecting and reporting any type of misuse of its work.
A cease and desist letter is convenient, as there is no need for lengthy or time-consuming applications. Also, it does not require any fees and no time lost awaiting an agency to answer.
However, if the other party does not stop infringing your ownership rights after receiving a cease and desist letter, it may be necessary to file a lawsuit for copyright infringement in court.
In Florida, many civil court-cases are commonly expensive, time-consuming, and completely unnecessary. Consequently, most copyright-infringement disputes can be settled out of court, and the resolution process usually begins with a cease & desist letter.
Drafting a Cease and Desist Letter in Florida- In Detail
As its name suggests, a cease and desist letter is utilized to demand a supposed copyright infringer to stop all purportedly illegal activity regarding your copyright and to refrain them from doing it again once the misuse is stopped.
Although a cease and desist letter is not legally required, it can provide useful legal evidence once a case involving copyright infringement reaches the court. Consequently, it will demonstrate the goodwill in trying to warn the infringing party about the misuse.
An ideal cease and desist letter must have strong language and be , also being formal, concise, and clear, so the infringing party will understand the threat of a lawsuit as soon as he/she finishes reading it.
Anyone is virtually capable of writing a cease and desist letter. However, if the copyright infringement has occurred, it is undeniable that the assistance of an attorney well-versed in intellectual property law can make a difference regardless of the specific situation.
Plus, a cease and desist letter with an attorney’s letterhead (letters from an attorney’s office) is generally taken more seriously by an infringing party than a letter written by a non-professional.
Cease and Desist Letter in Florida – The Ideal Content
Given that cease and desist letters are not legally required, there is no pre-defined formula for what this type of document must contain. In this sense, an expert attorney will tailor a cease and desist letter based on each case’s specific circumstances.
Firstly, it must contain a detailed description of the infringement, which includes information about the original work, evidence that the original work is owned by you, and negative implications that the infringement has had on you.
As its name suggests, a cease and desist letter must contain a formal request for the infringing party to stop using the copyrighted work, and once stopped, to not re-engage in illegal misuse.
A strong letter must contain a firm statement detailing the legal consequences if the alleged infringer disregards the letter and insists to keep the illegal misuse. Plus, it is crucial to establish a time frame for which the letter must be responded to.
Is It Possible to Request for Payment for Copyright Infringement Using a Cease and Desist Letter?
Most often, an infringing party may be willing to stop the copyright infringement, but not willing to reimburse the copyright owner for the illegal use. In such cases, the possibility of any further legal action must be assessed with the help of an intellectual property attorney in Florida.
Notice that, when you send a cease and desist letter, it does not mean that you are giving up your legal rights to pursue further legal action. A copyright owner can still seek damages associated with the infringement, even if the infringing party complies with the letter.
We Can Help You to Write a Cease and Desist Letter for Copyright Infringement
You cannot waste time with uncertainty when it comes to protecting your copyrights in Florida.
Get in touch with Attorney Romy B. Jurado today by calling (305) 921-0976 or emailing [email protected] to schedule a consultation.