REQUEST TO CEASE AND DESIST
ALL COPYRIGHT INFRINGEMENT
${input_41_4} ${input_41_5}
${input_41_6_1}
${input_41_6_3} , ${input_41_6_4} ${input_41_6_5}
${input_41_8} CERTIFIED MAIL #: ______________________
${input_41_26} ${input_41_27}
${input_41_28_1}
${input_41_28_3} , ${input_41_28_4} ${input_41_28_5}
Dear ${input_41_26} ${input_41_27} :
The purpose of this letter is to inform you that I reserve and own all rights to ${input_41_11} that was first published on ${input_41_14} and protected under the 1976 U.S. Copyright Act.
It has been brought to my attention, that you have made unauthorized use of my copyrighted work which is titled ${input_41_11} . Your work titled ${input_41_17} is fundamentally a close duplication of my work filed under the copyright of ${input_41_20}
The U.S. Copyright ACT Title 17 of U.S. Code, Section 102(a) protection extends to “original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device” such as:
1) literary works,
2) musical works, including any accompanying words,
3) dramatic works, including any accompanying music,
4) pantomimes and choreographic works,
5) pictorial, graphic, and sculptural works,
6) motion pictures and other audio/visual works, and
7) sound recording, and
8) architectural works.
In addition, U.S. Copyright ACT Title 17, Section 106-122 grants the following exclusive rights to copyright holders:
1) the right to reproduce the copyrighted work into copies and phonorecords;
2) the right to create or prepare derivative works based upon the copyrighted work;
3) the right to distribute copies and phonorecords of the copyrighted work to the public by sale, lease, lending or rental;
4) the right to perform the copyrighted work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, motion picture or other audio/visual work.);
5) the right to display the copyrighted work publicly (if the work is a literary, musical, dramatic, choreographic, pantomime, pictorial, graphic, sculptural, motion picture, or other audio/visual work.), and
6) the right to perform the copyrighted work by means of a digital audio transmission.
As you have not sought or requested permission/authorization to use, nor to make and/or distribute, sell, lend or lease my copyrighted work entitled ${input_41_11} , you are hereby notified to CEASE AND DESIST any and all further unlawful acts of copyright infringement with regards to your actions and/or statements relating to this matter.
Failure to comply with this notice will confirm your complicity and leave me no other alternative but to proceed to file a civil action suit seeking monetary damages and compensation for court and attorney’s fees incurred as a direct result of your unlawful actions of copyright infringement.
It is not my wish to seek legal recourse; however, I will vehemently do all that is necessary to protect my work, ${input_41_11} , and interests. Please note that this letter will be the only warning I will provide.THEREFORE, you are hereby requested to immediately CEASE AND DESIST any further acts of copyright infringement and within 10 business days return the signed written assurance below affirming that you will refrain from any further acts of copyright infringement.
Sincerely,
____________________________________________________
( ${input_41_4} ${input_41_5} )
cc: Regular Mail
Certified Mail
File
ASSURANCE TO CEASE AND DESIST
FURTHER ACTS OF COPYRIGHT INFRINGEMENT
In accordance with U.S. Copyright ACT Title 17 of U.S. Code, Section 102(a), U.S. Copyright ACT Title 17, Section 106-122 and the above request and stipulations, I, ${input_41_27} , do hereby agree to immediately CEASE AND DESIST further acts of Copyright Infringement with regards to ${input_41_11} . And in turn, ${input_41_4} ${input_41_5} will release me from all acts of Copyright Infringement relating to this specific incident.
HOWEVER, should I act or behave in such a manner that would result in a breach of this agreement, ${input_41_4} ${input_41_5} shall be entitled to filing fees, court’s costs and attorney’s fees in any action which may be filed in an effort to enforce this agreement, in addition to any injunctive relief and/or monetary damages that ${input_41_4} ${input_41_5} may have been entitled to had this assurance never been signed.
____________________________________________________
( ${input_41_26} ${input_41_27} )
Date Signed:______________________________________
