Copyright Cease & Desist Letter (India)

Copyright Infringement Cease and Desist letter designed for use in India. This letter can be used when your copyrighted work has been copied or used without your authorization.

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This letter is designed to help you in situations where your copyrighted work has been copied or used without your authorization. This letter communicates your rights and ownership in the copyrighted work and demands that the offending party immediately cease their use or operation of the infringing material and to provide written assurance that they will not make unauthorized use of your copyrighted work in the future.

This lawyer-prepared packet contains:
  1. Instructions and Checklist
  2. General Information
  3. Copyright Infringement Cease and Desist Letter for India
Law Compliance: This form complies with the laws of the states and territories of India
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Copyright Infringement
Cease and Desist Letter
(India)









This Packet Includes:
1. Instructions and Checklist
2. General Information
3. Copyright Infringement Cease & Desist Letter






Instructions and Checklist
 Copyright Infringement  Cease and Desist Letter

   Italicised instructions have been included on this form to assist you in completing it and should be removed before printing.

   This form is not intended and is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with a lawyer. A lawyer should be consulted before negotiating any document with another party.

?   The purchase and use of this form is subject to the “Terms and Conditions” found at www.findlegalforms.com.






General Information
Copyright Infringement  Cease and Desist Letter

Copyright protects authors of “original works” including literary, dramatic, musical, artistic, cinematographic films, sound recordings and certain other intellectual works, both published and unpublished.


The Indian Copyright Act, 1957 provides the following exclusive rights to the owners of the Copyright (including authorisation to third parties) with regard to their original works:

(a)   In the case of literary, dramatic or musical work:

(i)   to reproduce the work in any material form, this includes storing it by electronic means;
(ii)   to perform the work in public or communicate it to the public;
(iii)   to make any cinematograph film or sound recording in respect of that work;
(iv)   to make any translation or adaptation of the work or to do any of the above acts in respect to any translation or adaptation of the work.

(b)   In the case of computer programmes:

(i)   any of the acts specified above;
(ii)   to sell or commercially rent any copy of the computer programme.

(c)   In the case of artistic work:
(i)   to reproduce the work in any material form, including depiction in 3-D of a 2-D work or in 2-D of a 3-D work;
(ii)   to communicate the work to the public;
(iii)   to include the work in any cinematograph film;
(iv)   to make an adaptation of the work and/or to do any of the work mentioned above in respect of the adaptation.

(d)   In the case of cinematograph film:
(i)   to make a copy of the film, including a photograph of any images forming part of the film;
(ii)   to sell or hire any copy of the film;
(iii)   to communicate the film to the public.

(e)   In the case of sound recording:
(i)   to make any sound recording embodying it;
(ii)   to sell or give on hire or offer for sale any copy of the sound recording;


(iii)   to communicate the sound recording to the public.

The Copyright Act also gives the moral rights to be identified as the creator and owner of certain kinds of material, and to object to distortion or mutilation of it.

However, this protection does have some limitations, the most common being“fair dealing.”  Fair dealing gives a specific exemption to the copyright protection and liabilities, allowing a third party to use the original work if it is for the following purposes:

(a)    Private and research study purposes;

(b)   Performance, copies or lending for educational purposes;

(c)   Criticism or review and news reporting;

(d)   Incidental inclusion;

(e)   Copies and lending by librarians;

(f)   Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes;

(g)   Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as time shifting;

(h)   Producing a back up copy for personal use of a computer program;

(i)   Playing sound recording for a non profit making organisation, club or society.

You have a copyright in a work at the moment it is created and fixed in a tangible form for the first time (there is no official registration required).  However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.

This letter is designed to help you in situations where your copyrighted work has been copied or used without your authorisation.  This letter communicates your rights and ownership in the copyrighted work and demands that the offending party immediately cease their use or operation of the infringing material and to provide written assurance that they will not make unauthorised use of your copyrighted work in the future.

For more information you can also check the Copyright Office Website at http://copyright.gov.in/






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 


               (Your Address)


Date



(Insert Name of Recipient)
(Insert Address of Recipient)

Re:  Copyright Infringement

To (insert name of recipient if available):

I own and retain all rights in my copyrighted work entitled ________________________ (the “Protected Work”), first published on _______________, ______ and registered on  (insert copyright registration date if applicable). It has recently come to my attention that you have made unauthorised use of the Protected Work by  (describe how the copyright has been violated, e.g. displaying my work on your website, using the Protected Work as the basis for another work, etc.).
You have neither requested nor received permission from me to use the Protected Work in any way.  Therefore, your use of the Protected Work is an infringement of my rights under Section 14 of the Indian Copyright Act, 1957 and you could be liable to pay a fine between Rs. 50,000 and Rs. 200,000 and also for imprisonment for a term between six months to three years.
As such, I therefore demand that you: i) cease your use of the Protected Work immediately; ii)  provide me with prompt written assurance that you will cease and desist from any future unauthorised uses of the Protected Work within _______ days; (include the following if applicable “and iii) deliver to me any remaining copies of the infringing work or destroy such infringing works immediately.”)  
Thank you for your prompt attention to this matter. I would like to resolve this situation amicably, but I am willing to exercise my rights to their fullest extent if necessary.

You may contact me at ___________________ or via email at ________________________.

Very truly yours,


(Insert Your Name) 
Number of Pages6
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#33652
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.












Copyright Infringement
Cease and Desist Letter
(India)









This Packet Includes:
1. Instructions and Checklist
2. General Information
3. Copyright Infringement Cease & Desist Letter






Instructions and Checklist
 Copyright Infringement  Cease and Desist Letter

   Italicised instructions have been included on this form to assist you in completing it and should be removed before printing.

   This form is not intended and is not a substitute for legal advice. This form should only be a starting point for you and should not be used without first consulting with a lawyer. A lawyer should be consulted before negotiating any document with another party.

?   The purchase and use of this form is subject to the “Terms and Conditions” found at www.findlegalforms.com.






General Information
Copyright Infringement  Cease and Desist Letter

Copyright protects authors of “original works” including literary, dramatic, musical, artistic, cinematographic films, sound recordings and certain other intellectual works, both published and unpublished.


The Indian Copyright Act, 1957 provides the following exclusive rights to the owners of the Copyright (including authorisation to third parties) with regard to their original works:

(a)   In the case of literary, dramatic or musical work:

(i)   to reproduce the work in any material form, this includes storing it by electronic means;
(ii)   to perform the work in public or communicate it to the public;
(iii)   to make any cinematograph film or sound recording in respect of that work;
(iv)   to make any translation or adaptation of the work or to do any of the above acts in respect to any translation or adaptation of the work.

(b)   In the case of computer programmes:

(i)   any of the acts specified above;
(ii)   to sell or commercially rent any copy of the computer programme.

(c)   In the case of artistic work:
(i)   to reproduce the work in any material form, including depiction in 3-D of a 2-D work or in 2-D of a 3-D work;
(ii)   to communicate the work to the public;
(iii)   to include the work in any cinematograph film;
(iv)   to make an adaptation of the work and/or to do any of the work mentioned above in respect of the adaptation.

(d)   In the case of cinematograph film:
(i)   to make a copy of the film, including a photograph of any images forming part of the film;
(ii)   to sell or hire any copy of the film;
(iii)   to communicate the film to the public.

(e)   In the case of sound recording:
(i)   to make any sound recording embodying it;
(ii)   to sell or give on hire or offer for sale any copy of the sound recording;


(iii)   to communicate the sound recording to the public.

The Copyright Act also gives the moral rights to be identified as the creator and owner of certain kinds of material, and to object to distortion or mutilation of it.

However, this protection does have some limitations, the most common being“fair dealing.”  Fair dealing gives a specific exemption to the copyright protection and liabilities, allowing a third party to use the original work if it is for the following purposes:

(a)    Private and research study purposes;

(b)   Performance, copies or lending for educational purposes;

(c)   Criticism or review and news reporting;

(d)   Incidental inclusion;

(e)   Copies and lending by librarians;

(f)   Acts for the purposes of royal commissions, statutory enquiries, judicial proceedings and parliamentary purposes;

(g)   Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as time shifting;

(h)   Producing a back up copy for personal use of a computer program;

(i)   Playing sound recording for a non profit making organisation, club or society.

You have a copyright in a work at the moment it is created and fixed in a tangible form for the first time (there is no official registration required).  However, certificate of registration of copyright and the entries made therein serve as prima facie evidence in a court of law with reference to dispute relating to ownership of copyright.

This letter is designed to help you in situations where your copyrighted work has been copied or used without your authorisation.  This letter communicates your rights and ownership in the copyrighted work and demands that the offending party immediately cease their use or operation of the infringing material and to provide written assurance that they will not make unauthorised use of your copyrighted work in the future.

For more information you can also check the Copyright Office Website at http://copyright.gov.in/






DISCLAIMER:

FindLegalForms, Inc. (“FLF”) is not a law firm and does not provide legal advice.  The use of these materials is not a substitute for legal advice. Only a lawyer can provide legal advice.  A lawyer should be consulted for all serious legal matters.  No Lawyer-Client relationship is created by use of these materials.  

THESE MATERIALS ARE PROVIDED “AS-IS.  FLF DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY OR COMPLETENESS FOR ANY OF THE MATERIALS FOR YOUR PARTICULAR NEEDS.  THE MATERIALS ARE USED AT YOUR OWN RISK.  IN NO EVENT WILL:  I) FLF, ITS AGENTS, PARTNERS, OR AFFILIATES; OR II) THE PROVIDERS, AUTHORS OR PUBLISHERS OF ITS MATERIALS, BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATE OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER USED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THESE MATERIALS. 


               (Your Address)


Date



(Insert Name of Recipient)
(Insert Address of Recipient)

Re:  Copyright Infringement

To (insert name of recipient if available):

I own and retain all rights in my copyrighted work entitled ________________________ (the “Protected Work”), first published on _______________, ______ and registered on  (insert copyright registration date if applicable). It has recently come to my attention that you have made unauthorised use of the Protected Work by  (describe how the copyright has been violated, e.g. displaying my work on your website, using the Protected Work as the basis for another work, etc.).
You have neither requested nor received permission from me to use the Protected Work in any way.  Therefore, your use of the Protected Work is an infringement of my rights under Section 14 of the Indian Copyright Act, 1957 and you could be liable to pay a fine between Rs. 50,000 and Rs. 200,000 and also for imprisonment for a term between six months to three years.
As such, I therefore demand that you: i) cease your use of the Protected Work immediately; ii)  provide me with prompt written assurance that you will cease and desist from any future unauthorised uses of the Protected Work within _______ days; (include the following if applicable “and iii) deliver to me any remaining copies of the infringing work or destroy such infringing works immediately.”)  
Thank you for your prompt attention to this matter. I would like to resolve this situation amicably, but I am willing to exercise my rights to their fullest extent if necessary.

You may contact me at ___________________ or via email at ________________________.

Very truly yours,


(Insert Your Name) 

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