An infringement notice is a written notice informing someone that they are infringing on a copyright. It identifies the copyright holder, the work being infringed, and the location of the infringement. It is not a legal order, but recipients have an obligation to correct the violation. Cease and desist notices are different from orders, and if the recipient does not comply, legal action can be taken. It is advisable to consult an attorney when receiving an infringement notice.
An infringement notice is a formal written notice informing someone that a copyright holder believes the recipient of the letter is infringing on their copyright. Anyone can draft a notice of infringement, although the notice is often written by a lawyer or prepared with the assistance of a standard letter which can be used to ensure that the notice includes all required information and representations. People sometimes refer to a notice of infringement as a cease and desist letter, as it usually includes a request to correct the violation by ceasing the wrongful behavior.
The infringement notice identifies the copyright holder, the work that is being infringed, and the location of the infringement. In a simple example of how an infringement notice might work, if this wiseGEEK article were reprinted on another website without permission, an infringement notice would be sent to the operator of that website who detects the infringement and requests that the material be removed.
A notice of infringement is not a legal order. If someone gets the notice and the activity described is actually in violation, they have an obligation to correct the violation; in the example above, this could be done by replacing the article with a fair use excerpt and a link to the original, for example. However, if the recipient believes the activity is not infringing, he should consult an attorney for advice.
Cease and desist notices or letters are different from cease and desist orders. A cease and desist order is a legal document prepared by a judge ordering someone to stop engaging in a certain activity, and it is a legal order; the recipient must comply or risk legal sanctions. A cease and desist notice, on the other hand, is a letter sent in good faith believing that an activity is unlawful, with a request that the activity be stopped. If the recipient does not stop, the sender of the letter can take further legal action in order to obtain a cease and desist order from a judge.
There are many different types of infringement, and the laws surrounding intellectual property can sometimes be confusing or very open to interpretation. When someone receives an infringement notice, it is advisable to discuss it with an attorney. If the attorney agrees that the material or activity is infringing, the claim in the letter must be satisfied. If the attorney disagrees, and it’s important to keep in mind that many companies issue these bullet letters with the goal of intimidating people, the attorney can provide advice on the next step to take.
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