How can I issue a cease and desist declaration in the case of a copyright infringement?
March 6, 2023 | 40,00 EUR | answered by Verena Friedendahl
Dear copyright lawyer,
My name is Laura Michels and I have an urgent question regarding a copyright infringement that I am facing. Some time ago, I discovered that my images were published on the internet without my permission. I took the photos myself and therefore own the copyrights to them.
I have already contacted the person who used my images without permission and asked them to remove the images. Unfortunately, they have not responded and the images are still available online. I am very concerned about my copyright and I would like to issue a cease and desist declaration to ensure that my images are not unlawfully used further.
Could you please explain to me how I can effectively issue a cease and desist declaration for a copyright infringement? What steps are necessary and how can I ensure that the cease and desist declaration is legally valid? Are there any legal actions I can take to effectively protect my copyright?
I thank you in advance for your help and support with this important matter.
Sincerely,
Laura Michels
Dear Mrs. Michels,
Thank you for your inquiry regarding a copyright infringement that you are facing. It is understandable that you are concerned about your copyright and are seeking a solution to this problem. I am happy to explain to you how you can issue an effective cease and desist declaration in the case of a copyright infringement and what steps are necessary for this.
A cease and desist declaration is a legal document that is signed by the person who has violated the copyright. In this declaration, the person commits to no longer use, publish, or distribute the copyrighted material. To issue an effective cease and desist declaration, you should follow these steps:
1. Write a formal cease and desist declaration in which you describe the violation of your copyright and demand that the person cease the unlawful use immediately.
2. Set a reasonable deadline within which the person should respond and remove the images. Typically, a deadline of 7 to 14 days is set.
3. Include a penalty clause in the cease and desist declaration stating that the person must pay a penalty in case of a repeat violation.
4. Have the cease and desist declaration reviewed by a lawyer and, if necessary, revised to ensure its legal validity.
After issuing the cease and desist declaration, it is important to continue monitoring the violation and take further legal action if necessary. If the person does not respond to the cease and desist declaration or continues to violate your copyright, you may, for example, file for an injunction or a lawsuit for copyright infringement.
I strongly recommend seeking advice from an experienced lawyer to ensure that your copyright is effectively protected and to take legal action if necessary. Please do not hesitate to contact me for further questions or legal support.
Sincerely,
Verena Friedendahl
Copyright Lawyer
