Copyright Cease and Desist: How to Respond

August 11, 2013 Copyright Lawyer

If you have been targeted by a copyright cease and desist letter, it is important to take the right steps so as to not jeopardize your rights. Here are some basic items that you should consider after you have received a copyright cease and desist letter. As always, these items are not exclusive, and if you have been targeted with a copyright cease and desist letter you should contact an attorney immediately.

Identify the allegedly infringing material. If the material is provided by a third party or client, identify the contractual relationship between you (as an individual or company) and that third party or client.
Identify whether the allegedly infringing material is, based on your initial impression, actually infringing. If so, consider removing the allegedly infringing material to reduce any potential damages.
Provide this information to your copyright attorney.
Do not respond to the copyright cease and desist letter yourself. Contact a copyright lawyer that is familiar with these issues so that he or she can investigate the matter and preserve your rights.
Your lawyer will identify potential defenses, such as the fact that the material complained of is not protected under copyright law, fair use, license, acquiescence, laches, or waiver.
Once these defenses are identified, your copyright attorney will advise you on whether the materials are, in fact, infringing. If they are, he or she will advise you of the risk involved in continuing to infringe. Additionally, he or she may advise you to remove the material or attempt to negotiate a settlement. If the materials are not infringing, he or she will use the defenses identified through case law research to draft a response letter that utilizes those defenses to educate the complaining party and resolve their concerns.
If litigation is necessary, your copyright attorney will represent you in that litigation and assert the appropriate defenses to the filed complaint.

Since copyright law carries penalties of up to $150,000 plus attorneys fees per work infringed, it is important that you contact an attorney to handle any response needed to a copyright cease and desist letter. If you have received a copyright cease and desist letter, contact the copyright lawyers at Revision Legal today at 855-473-8474, or use the contact form at the right to send us an email.

Extra, Extra!
Recent Posts

Fairness Factors For Your College NIL Agreement

September 19, 2025 Corporate

In May 2025, as part of a settlement of litigation involving college football, a new entity was created called the College Sports Commission (“CSC” or “Commission”). See news media reports here and here. Among many other purposes, the CSC will monitor and approve name, image, and likeness (“NIL”) agreements for college athletes. As the term […]

Is a “Fanciful” Trademark the Best Type of Trademark?

September 19, 2025 Trademark

Trademarks are words, designs, symbols, logos, and other things that are used/associated with goods or services that identify the specific commercial source of the goods/services. COCA-COLA, APPLE, and GUCCI are just a few famous examples. If COCA-COLA is on the bottle, consumers know what to expect from the beverage in the bottle. The same for […]

Is Your Social Media Influencer Endorsement Deal Fair?

September 19, 2025 Internet Law

Getting an endorsement deal as a social media influencer may be a seminal event financially and for the progress of your career. However, the question always has to be asked whether your endorsement deal is fair. In other words, are you getting paid what you are worth? There are a number of factors that can […]

Put Revision Legal on your side

Let's Discuss Your Case