Receiving a copyright cease and desist letter is unsettling, but how you respond in the first few days can make the difference between resolving the matter efficiently and creating legal problems for yourself. The steps below address the most important initial considerations after receiving a copyright cease and desist. They are not a substitute for personalized legal advice—if you have received such a letter, contact a copyright attorney as soon as possible.
Read the letter carefully and identify exactly what material is alleged to be infringing. A well-drafted cease and desist letter will specify the copyrighted work, the copyright registration number if available, the infringing material, and the URL or location where the infringing use was found. An imprecise or poorly documented letter may signal a weak claim or an opportunistic demand.
If the allegedly infringing material was provided by a third party—a contractor, a content vendor, a stock photo platform, or a contributor—identify the contractual relationship and any representations the third party made about the rights they were conveying. If the third party warranted that the content was cleared for your intended use, you may have an indemnification claim against them and a defense against the copyright holder.
A copyright cease and desist letter is not a lawsuit. It is a demand that you stop a particular use and, in many cases, pay a settlement. You are not obligated to comply with the demand simply because you received the letter. At the same time, ignoring the letter is not a viable strategy. A copyright holder who does not receive a response may conclude that you are unwilling to cooperate and file suit. More importantly, continued use of allegedly infringing material after notice—even if the claim turns out to have merit—may be characterized as willful infringement, which increases the potential statutory damage award from $30,000 to $150,000 per infringed work under 17 U.S.C. § 504(c)(2).
In many cases, removing the allegedly infringing material while you investigate the claim is prudent. Removal stops the accumulation of ongoing infringement that the copyright holder can point to in calculating damages. It signals good faith. And it reduces your practical exposure while you and your attorney assess the strength of the claim.
Importantly, removing material does not constitute an admission of liability. You can remove the material under protest, explicitly preserving all rights and defenses, while your attorney reviews the claim. Removal is a risk management step, not a concession.
With the help of a copyright attorney, evaluate the substantive merits of the claim against you. Key questions include:
Not every work is protected by copyright. Works that lack originality, works in the public domain, works created by the federal government, and works where copyright has expired are not protected. The claiming party must own a valid copyright to enforce it.
To recover statutory damages and attorney’s fees—the figures that make copyright litigation financially significant—the work must have been registered before the infringement or within three months of first publication. 17 U.S.C. § 412. If the work was not timely registered, the copyright holder is limited to actual damages, which in many cases are modest.
Fair use under 17 U.S.C. § 107 is an affirmative defense that permits unauthorized use of copyrighted material in certain circumstances—commentary, criticism, news reporting, scholarship, and transformative use. The fair use analysis is fact-specific and turns on four factors: the purpose and character of the use; the nature of the copyrighted work; the amount used; and the effect on the market for the original. A copyright attorney can evaluate whether fair use is a viable defense in your specific situation.
If you licensed the work—through a stock photo platform, a content management system, a vendor agreement, or any other channel—review the license terms carefully. If your use falls within the scope of the license, you have a complete defense. Gather and preserve your license documentation.
Once your attorney has assessed the claim, the appropriate response depends on the specific facts. If the claim has merit, negotiating a reasonable settlement is often the most cost-effective path—but settlement negotiations should be handled by an attorney who knows copyright law and understands the realistic range of outcomes. If the claim lacks merit, your attorney can send a response that puts the copyright holder on notice of your defenses and may deter further action.
Revision Legal’s copyright attorneys have handled numerous cease and desist matters on behalf of both claimants and recipients. We assess these letters quickly, give you practical advice about your real exposure and options, and respond in a way that protects your interests. Contact us today for a confidential consultation.
The first and most critical step upon receiving a copyright cease-and-desist letter is to assess the strength of the claim before taking any action. A cease-and-desist is not a court order — it carries no legal force on its own. It is an invitation to negotiate, a precursor to litigation, or in some cases a bluff. Retaining an intellectual property attorney before responding is strongly advisable, because statements made in response can be used as admissions in subsequent litigation.
Evaluate whether the work is actually protected. Copyright protects original works of authorship fixed in a tangible medium of expression. Works in the public domain — generally, works published before January 1, 1928 in the United States — are not protected regardless of the sender’s claims. Similarly, works consisting entirely of facts, titles, names, short phrases, and slogans are not copyrightable under 17 U.S.C. § 102(b) and Copyright Office regulations.
Assess whether use is infringing. If the work is protected, analyze whether your use falls within a recognized exception. Fair use under § 107 remains the most important defense and is evaluated on the four-factor test described above. A license from the copyright owner — including a Creative Commons license — may also authorize the use. And where the accused use is so minimal in nature and extent as to be de minimis, courts have held there is no actionable infringement.
Independent creation. Copyright does not prevent two people from independently creating similar works — only copying is prohibited. If you can document that your work was created without access to or knowledge of the claimant’s work, independent creation is a complete defense.
Statute of limitations. Under 17 U.S.C. § 507(b), civil copyright claims must be filed within three years of when the claim accrued. The Supreme Court’s ruling in Petrella v. Metro-Goldwyn-Mayer, Inc., 572 U.S. 663 (2014), clarified that laches is not a defense to a timely copyright claim. However, older claims that fall outside the limitations period — or where the copyright owner unreasonably delayed enforcement — may be barred or limited in the damages they can recover.
Negotiated resolution. Many copyright disputes settle through a license agreement, a one-time payment, or a formal covenant not to sue. When infringement has occurred and the fair use and other defenses are weak, a prompt, well-negotiated settlement is often the most cost-effective outcome. An attorney can assess the realistic litigation exposure and negotiate terms that limit ongoing risk.
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