Reply #52: A cease and desist can be a legal threat

[jim3775]

http://www.utsystem.edu/ogc/intellectualproperty/contract/cease.htm">Here is a sample C&D:

Dear (name):

It has come to my attention that you have made an unauthorized use of my copyrighted work entitled (name of work) (the "Work") in the preparation of a work derived therefrom. I have reserved all rights in the Work, first published in (date), (and have registered copyright therein). Your work entitled (name of infringing work) is essentially identical to the Work and clearly used the Work as its basis. (Give a few examples that illustrate direct copying.)

b]As you neither asked for nor received permission to use the Work as the basis for (name of infringing work) nor to make or distribute copies, including electronic copies, of same, I believe you have willfully infringed my rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein.

I demand that you immediately cease the use and distribution of all infringing works derived from the Work, and all copies, including electronic copies, of same, that you deliver to me, if applicable, all unused, undistributed copies of same, or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If I have not received an affirmative response from you by (date give them about 2 weeks) indicating that you have fully complied with these requirements, I shall take further action against you.

Now that is a legal threat.

There is a long history on the internet of companies sending empty legal threats to website operators who are well within their fair use rights. Here is a website that documents the legal letters that are sent to website operators.

Edit:

From Fraud Aid:

cease-and-desists are handed out as seriously as if a court order were attached. Actually, they are only meaningless threats.

An empty threat is still a threat.