Received a Cease and Desist for Copyright Infringement? Act Now!

You received the letter. It's staring at you. It's real. You are accused of infringing on another’s copyright. While it can be upsetting, thinking rationally and taking the right steps is crucial. After all, it's not the end of the road.

So, what should you do if you receive a cease and desist letter alleging copyright infringement? Read on for more insights.

Step 1: Read and Understand the Letter

The first step is to read and understand the letter. It should outline which content is allegedly infringing and why it is a violation. The letter will detail the copyrighted work, the nature of the infringement, and the holder's demand to you. Read and understand this information before taking any further steps.

Step 2: Take Heed of The Notice

Once you read and understand the cease and desist letter's contents, it's time to act on it. Responding as soon as possible is important, as ignoring a cease and desist letter can lead to legal action.

Step 3: Evaluate your Options

Depending on the circumstances surrounding the alleged infringement, you have three options: You may decide to comply with the demands, especially if you believe the claim is valid. Here, the next step is to take down the infringing material.

You can also decide to negotiate a settlement with the copyright holder. Finally, you may decide to fight the claim if you believe it is unfounded or you have a strong defense, such as fair use.

Step 4: Talk to your attorney

After considering the demands of the cease and desist later and evaluating your options comes the most critical moment: contacting your attorney. Responding to a copyright infringement cease and desist letter without guidance and advice from your attorney can be dangerous. A lawyer can help you draft an appropriate response to the letter.

Step 5: Preserve Evidence

Keep any document that may be considered helpful to the claim. They may come in handy should the matter escalate to a lawsuit.

So there you have it, a rundown of the steps you should take should you receive a cease and desist letter alleging copyright infringement.

Conclusion

Remember, cease and desist letters are not legal proceedings, and you are not under any obligation to respond. But, they are still precursors to legal action. Hence, engaging with the sender is crucial to prevent the issue from escalating to an expensive legal dispute.

Are you wondering about any of the issues mentioned above? Please email us at info@wilkinsonlawllc.com or call (732) 410-7595 for assistance.

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