Cease and Desist Letter Response
(Copyright Infringement)

Summary

This template may be used as a starting point in drafting a response to a cease and desist letter which accuses the recipient of copyright infringement. The template includes practical guidance, drafting notes, and alternate and optional clauses. This template may be adapted as appropriate depending on the validity of the alleged copyright owner's claims or the potential defenses that the alleged infringer can claim, such as fair use, no substantial similarity, independent creation, de minimums use, existence of a license, ownership questions or innocent infringement. For an overview of copyright law, including enforcement and remedies, see Copyright Fundamentals. For an overview of copyright infringement claims and defenses, see Copyright Enforcement Resource Kit. For more on exclusive rights, see Exclusive Rights of Copyright Owners. For more analysis on the potential validity of an infringement claim, see Pre-suit Considerations in Copyright Litigation. For a sample cease and desist letter, see Copyright Cease and Desist Letter. For general information on pre-suit considerations in federal court, see Commencing a Lawsuit: Evaluating Whether to File Suit (Federal).