Ask a lawyer:
Write a copyright infringement cease and desist letter for a client's protected work
Introduction
In this response, I will provide a detailed copyright infringement cease and desist letter template. This letter is designed to notify an alleged infringer of their unauthorized use of a client's protected work and to demand that they cease such activities immediately. The letter will be based on the relevant provisions of the Copyright Act, 2001 of Kenya.
Table of Contents
Introduction
Relevant Legal Provisions
Sample Cease and Desist Letter
3.1. Header
3.2. Introduction
3.3. Description of Infringed Work
3.4. Description of Infringement
3.5. Legal Basis for the Claim
3.6. Demands
3.7. Consequences of Non-Compliance
3.8. Conclusion
1. Introduction
A cease and desist letter is a formal document sent to an individual or entity to stop purportedly illegal activity ("cease") and not to restart it ("desist"). In the context of copyright infringement, this letter serves to inform the infringer of the copyright holder's rights and to demand that the infringing activities be stopped immediately.
2. Relevant Legal Provisions
The following provisions from the Copyright Act, 2001 of Kenya will be referenced in the cease and desist letter:
Section 22: Copyright in literary, musical, and artistic works.
Section 26: Exclusive rights of the copyright owner.
Section 35: Infringement of copyright.
Section 38: Remedies for infringement.
3. Sample Cease and Desist Letter
3.1. Header
[Your Name]
[Your Law Firm's Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Infringer's Name]
[Infringer's Address]
[City, Postal Code]
3.2. Introduction
Dear [Infringer's Name],
3.3. Description of Infringed Work
I am writing to you on behalf of my client, [Client's Name], who is the lawful owner of the copyright in the following work(s):
[Title of the Work]
[Description of the Work]
[Date of Creation/Publication]
3.4. Description of Infringement
It has come to our attention that you have been using, reproducing, distributing, and/or displaying my client's copyrighted work without authorization. Specifically, the infringing activities include but are not limited to:
[Detailed Description of the Infringement]
[Location/Platform where the Infringement Occurred]
[Dates of Infringement]
3.5. Legal Basis for the Claim
Under the Copyright Act, 2001 of Kenya, my client holds exclusive rights to their copyrighted work, including the right to reproduce, distribute, and display the work (Section 26). Your unauthorized use of my client's work constitutes copyright infringement under Section 35 of the Act.
3.6. Demands
In light of the above, we demand that you:
Immediately cease and desist from any further use, reproduction, distribution, or display of my client's copyrighted work.
Remove all infringing materials from your website, social media platforms, and any other medium where they are displayed.
Provide a written assurance within [X] days that you will comply with these demands and will not engage in any further infringing activities.
Provide an account of all profits made from the unauthorized use of my client's work.
3.7. Consequences of Non-Compliance
Please be advised that if you do not comply with these demands within [X] days from the date of this letter, we will have no choice but to pursue all available legal remedies, including but not limited to filing a lawsuit against you for copyright infringement. Under Section 38 of the Copyright Act, 2001, my client is entitled to seek injunctive relief, damages, and an account of profits.
3.8. Conclusion
We hope to resolve this matter amicably and expect your prompt compliance. Should you have any questions or wish to discuss this matter further, please do not hesitate to contact me directly.
Sincerely,
[Your Name]
[Your Law Firm's Name]
[Your Signature]
Conclusion
A copyright infringement cease and desist letter is a crucial tool for protecting intellectual property rights. By clearly outlining the infringed work, the nature of the infringement, the legal basis for the claim, and the demands for compliance, the letter serves as a formal notice to the infringer to cease their unauthorized activities. Failure to comply with the demands can result in legal action, including claims for damages and injunctive relief.
Answered by mwakili.com