Copyright Infringement

Thanks to the Internet, copyright infringement is on the rise. If you have copyrighted information that is being wrongfully used on the Internet, there are steps you should take to protect your work.

Often, people think they just need to send a “cease and desist” letter, but you may have to worry about the Digital Millennium Copyright Act (DMCA) takedown notice as well. A cease and desist letter is for the owner of the website, as well as the server that hosts the site. The DMCA takedown notice is for any website owner, server, or search engine that has a DMCA agent. It is also for a website owner that allows third parties to post content, and the third party is the one who is infringing (think of your social media sites).

A cease and desist letter should include the following:

1.       Your name

2.       The work being infringed

3.       The copyright registration number if you have registered the copyright with the Copyright Office in Washington D.C.

4.       The infringing website URL

5.       A statement demanding that the work be removed from the Internet with all copies destroyed

6.       A statement that you will seek damages for the infringement

7.       A date by which the recipient should comply

A few notes about the cease and desist letter: if your work is not registered, your claim for damages will be small, and the likelihood of a quick response from the infringer is low because they probably don’t have a lot to lose by failing to comply. Also, if you are dealing with a website or a host server in a foreign country, the likelihood of success is minimal unless the country has signed onto the Berne Convention.

For a DMCA takedown notice, you should include the following:

1.       Your contact information and signature (the signature can be electronic)

2.       The work being infringed upon

3.       The infringing website URL

4.       A statement indicating that you have a good faith belief that the use of the material is not authorized by the copyright owner, the copyright holder, or the Copyright Act, and that under the penalty of perjury, the information you are passing on is accurate and you are the owner and have the exclusive rights to the work

You do not request damages in a takedown notice; however, if the content is not removed within a reasonable amount of time, then you can send the cease and desist letter demanding damages. Also, if your takedown notice is going to a search engine, you should send instructions on where to find the infringing content in the website as well as a screenshot of the search query you made that led you to the website.

It is always a good idea to send these letters by mail or other courier service so you get notification that the recipient received it. That way you can prove they had notice, and it shows you are serious about making an infringement claim against them.

Although pursuing claims for infringement isn’t fun, it’s necessary. If websites, website hosts, or website servers think they can get away with posting your content for free, they’ll continue to do it.