WHAT DO I DO IF I RECEIVE A CEASE-AND-DESIST LETTER CLAIMING COPYRIGHT INFRINGEMENT?

Businesses often come to me after they have received a cease-and-desist letter claiming that a product that they are selling infringes copyright.

My job is then to find out whether the allegations made against my client have a proper foundation to them or not and whether any defences are available. Typically I would ask the other side to properly establish its case. This might include proving the existence of the original copyright works. This is because generally the original copyright works need to be produced to prove the case. It is also important to prove ownership of the works including any chain of title to the works.  Where the works were commissioned from a subcontractor or purchased as part of the purchase of a business written assignments are generally required.

Like many commercial disputes, most cases involving copyright infringement settle on agreed terms without the need for Court proceedings. My job when acting for a client against whom allegations of copyright infringement have been made is to make sure that my client receives the best possible advice; understands the options and the pros and cons of each including the risks, costs, and benefits.