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How to respond to copyright infringement cease and desist letter & payment demand?

Asked by: 154 views Intellectual Property

I received a cease and desist letter for copyright infringement from an attorney, claiming that content on my website was copyrighted. I complied with the cease and desist letter by removing the information from my website. Now I received a letter they want me to sign saying I will not infringe on there website again, they want me to pay $650.00, and they will not sue me if I pay.

I did check with US Copyright office their website is not copyrighted. I know that it doesn’t have to be to still sue.

Should I sign this and pay the fee or will I diminish my rights?

1 Answers



  1. on Dec 15, 2011

    Whether something is registered with the U.S. Copyright Office is irrelevant to whether it is copyrighted. The U.S. Copyright Office is the appropriate place to register a copyright, but something can be copyrighted without being registered. The mere creation of something that qualifies for copyright protection gives it copyright protection. Said another way, it is the creation of a work that establishes the right to control copies of that work.

    The remaining issue is whether you want to pay $650 to settle their copyright infringement claim. The financial reality is it may cost the copyright holder much more in legal fees to sue you than the amount the copyright holder could win in a lawsuit, so the copyright holder may not actually sue you. On the other hand, $650 may be a small price to pay to completely resolve this matter. Also, that amount may be negotiable, so you might consider offering a lower amount. Ultimately, whether to settle this claim is a personal decision.

    Of course, in any settlement, the parties will sign a settlement agreement which should be analyzed by an attorney looking out for you. I have seen agreements that seem to be settling a claim, but are also undermining the rights of the infringer. In other words, it’s always the safest route to work with an attorney to ensure your rights are protected and you are getting in a settlement what you think you are getting.

    DISCLAIMER: This information may be inaccurate or out of date. You absolutely should consult with your own attorney before acting on any information here. By using this site, you are agreeing to our Terms of Use.

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