A template letter notifying a party that they are infringing copyright in England & Wales, and asking them to stop and give written undertakings. Based on the Copyright, Designs and Patents Act 1988.
How to use this template - Replace every
[SQUARE-BRACKET]field before use. - Set out clearly what the copyright work is, who owns it, and how the recipient is infringing, vague allegations weaken the letter. - Keep the tone firm but factual. Avoid overstating your rights or making allegations you cannot support. - Give a reasonable deadline and keep proof of postage. If there is no satisfactory response, the next step is usually legal advice on court action. - Have a solicitor review before sending, particularly on the strength of your rights and the remedies claimed.
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[YOUR NAME / FIRM] [ADDRESS]
[DATE]
[RECIPIENT NAME] [ADDRESS]
Dear [RECIPIENT NAME]
Re: Infringement of copyright in [DESCRIBE THE WORK]
We act for [CLIENT NAME] ("our client"), the owner of the copyright in the following work (the "Work"): [DESCRIBE THE WORK (e.g. the article / image / software / design) and how/when it was created and first published].
Our client is the owner of the copyright in the Work under the Copyright, Designs and Patents Act 1988. Copyright subsists automatically and gives our client the exclusive right to copy, distribute, communicate to the public and adapt the Work.
It has come to our client's attention that you have, without licence or permission, [DESCRIBE THE INFRINGING ACTS, e.g. reproduced the Work on the website at [URL] / distributed copies / used it in [PRODUCT]] (the "Infringing Use"). This amounts to an infringement of our client's copyright.
We therefore require you, within [NUMBER] days of the date of this letter, to:
- immediately cease the Infringing Use and any further infringement of the Work;
- remove all infringing material from [WEBSITE / PRODUCT / circulation];
- provide a signed undertaking in the form below;
- deliver up or destroy any remaining infringing copies; and
- provide details of [the source of the material / sales made / your supplier], and [where appropriate] account to our client for any profits made.
Our client reserves all its rights, including the right to bring court proceedings for an injunction, damages or an account of profits, and to rely on this letter on the question of costs, without further notice.
We look forward to hearing from you by [DEADLINE DATE].
Yours [faithfully/sincerely] [NAME] for and on behalf of [CLIENT NAME]
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UNDERTAKING
I/We, [RECIPIENT NAME], undertake to [CLIENT NAME] that I/we will: (1) immediately and permanently cease the Infringing Use and any infringement of the Work; (2) remove and not reinstate the infringing material; and (3) not repeat or assist any such infringement.
Signed: __________________ Name: [NAME] Date: [DATE]
--- This template is a starting point and not legal advice. Sending a letter that overstates your rights can backfire, have a qualified solicitor review your position before sending. Governing law: England & Wales.