Basics for Crafting an Effective Cease and Desist Letter
It can be quite expensive to hire an attorney to help you handle a number of different tasks, but in some cases, you may be able to save money by handling the initial steps yourself. Crafting an effective cease and desist letter is one of those areas that you may be able to do on your own. State laws do not require that you follow any precise format for the initial few cease and desist letters, and technically, you could just take the offender to court. However, sending the cease and desist letter works much better because they often resolve the issue without the need for litigation. Here are some of the things you need to remember when crafting your own.
Be Specific About What is Being Misused
Never send out a general cease and desist letter. You need to make sure that you specifically state what the individual has used improperly. If you just say “stop using my content” but do not explain what the content is, then you have a useless letter. The offending user may actually know who you are and what content he has stolen, but it’s more likely that he just picked it up off the Internet and assumed no one would notice. State, with as much specificity as you can what has been misused. It’s not a bad idea to include a catch all phrase such as “any other content that belongs to me,” but that should not be the only one that you have in there.
Make It Clear What the Offending User Should Do
When you are insisting that someone honor your copyright, you need to make sure that you are clear about what you want the user to do. Some people want the content removed entirely while others want the offending user to reimburse them. You can request that the offending user remove the content, remove it from the caches as well as the website, reimburse you for lost profits, or even pay back a fee for use of the item. Just make sure to include instructions on how this should be accomplished. Never assume that the offending user will contact you to find out how to make it work.
Express the Consequences
While you may want to avoid seeming hostile, you still need to make it clear that there will be consequences if the offending user does not do as you ask. Most of the time, you can accomplish this by just saying “if the content is not taken down, then we will be taking legal action.” This phrase is quite common, and it makes sure the other person knows that you mean business.
You don’t have to hire anyone to draft your initial cease and desist letter. You must make sure though, that you include what content is being misused or stolen. You should also be clear about what you want the offending user to do. Always end the letter with an expression of the consequences. Don’t be afraid of seeming antagonistic. You need to protect your rights, and that is necessary.
This is a guest post submitted by Marry Clark.