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Photo infringement cease and desist demand letter

Posted by Steve Vondran | Dec 22, 2024

Vondran Legal® - Photo Infringent Law Firm - Sample Forms - The Initial Cease and Desist Copyright Photo Infringement Demand Letter. Call us at (877) 276-5084.

COPYRIGHT INFRINGEMENT DEMAND LETTER

Introduction

Here is a sample cease and desist letter. If you need help creating, drafting, or responding to a photo or image demand letter, call us to discuss.

Key elements to a Copyright Cease and Desist Letter.

A well-drafted photo infringement demand letter should be persuasive, clear, and assertive. It should convey the seriousness of the infringement and set the stage for resolving the matter amicably. Here's what to include:

  1. Identify the Infringement

    Clearly describe the infringing act. Include specifics like:
    The unauthorized image, artwork, or illustration.
    Where and how it was used (e.g., Instagram post dated X, Facebook post dated Y).
    A URL or screenshot documenting the use.

    2. Establish Your Ownership Rights

    State that you are the creator or rightful owner of the copyrighted work and detail its creation or registration:
    Reference copyright registration details (if registered).
    If unregistered, provide evidence of creation (e.g., metadata, drafts).

    3. Explain the Violation

    Cite the relevant law (e.g., the Copyright Act in the U.S.) that protects your work.
    Explain how the unauthorized use violates your exclusive rights, such as the rights to reproduce, distribute, or display the work.

    4. Demand Immediate Cessation of Infringement

    Require the company to:
    Remove or stop using your work immediately.
    Confirm in writing that they have complied.

    5. Demand Monetary Damages

    Outline the financial remedies you seek:
    Licensing fees or fair market value for the usage.
    Statutory damages (if applicable, especially for registered works).
    Additional damages for willful infringement, if relevant.

    6. Offer an Opportunity for Resolution

    Propose a settlement amount or a way to negotiate compensation.
    Encourage resolution without litigation, emphasizing this is their chance to avoid more significant costs.

    7. Set a Deadline

    Provide a clear and reasonable deadline for their response (e.g., 10-14 days).

    8. Warn of Legal Action

    State that failure to resolve the matter will result in legal action.
    Reference potential consequences, such as higher damages and attorney's fees.

    9. Include Evidence

    Attach relevant documentation to substantiate your claims:
    Copies of the original work.
    Screenshots or links to the infringing content.
    Registration certificates (if applicable).

    10. Professional Tone

    Keep the tone professional and firm. Avoid inflammatory language, as it could escalate conflict unnecessarily.

    11. Include Your Contact Information

    Make it easy for the recipient to contact you or your attorney to discuss the matter further.

    12. Legal Representation (Optional)

    If represented by an attorney, have the letter sent on the attorney's letterhead, which often adds weight to the claim.

Sample Closing Paragraph

"We trust this matter can be resolved amicably. You may want to discuss with your insurance carrier to see if you have coverage for "advertising injury." Please confirm in writing by [date] that you have ceased all use of the copyrighted material and provide your proposed resolution, including compensation for the unauthorized use. Should we not receive a response by this date, we will have no choice but to explore all available legal remedies."

Sample demand letter regarding unathorized use of images and photography on a website

Contact Vondran Legal® 

Since 2004, Vondran Legal® has been providing boutique copyright infringement services to companies and individuals nationwide. Understanding the intricate rules of copyright law and federal case law interpreting copyright law can be daunting. When you hire us, we make things understandable, and we don't talk over your head. From copyright licensing to infringement dispute resolution, we've got you covered. Call us at (877) 276-5084. We have dealt with the major players in the industry, including Higbee & Associates, PicRights, Copytrack, CopyCat Legal, and many others. You may also fill out the contact form on the right side of this page. For artists, illustrators, drone videographers, photographers, graphic artists, and other industry experts, we offer a contingency fee recovery program. 

About the Author

Steve Vondran

Thank you for viewing our blogs, videos and podcasts. As noted, all information on this website is Attorney Advertising. Decisions to hire an attorney should never be based on advertising alone. Any past results discussed herein do not guarantee or predict any future results. All blogs are written by Steve Vondran, Esq. unless otherwise indicated. Our firm handles a wide variety of intellectual property and entertainment law cases from music and video law, Youtube disputes, DMCA litigation, copyright infringement cases involving software licensing disputes (ex. BSA, SIIA, Siemens, Autodesk, Vero, CNC, VB Conversion and others), torrent internet file-sharing (Strike 3 and Malibu Media), California right of publicity, TV Signal Piracy, and many other types of IP, piracy, technology, and social media disputes. Call us at (877) 276-5084. AZ Bar Lic. #025911 CA. Bar Lic. #232337

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