
| Writing to infringers and their service providers |
| If you discover that your copyrighted
work is being copied without your permission, your best recourse is to
consult
a qualified copyright attorney.
Even if you decide to handle copyright matters yourself, we strongly recommend that you consult a qualified attorney first. An attorney with experience in copyright matters can tell you whether your plans or expectations are reasonable, or whether the position you wish to take against infringers is practical or correct in law. He or she can help you draft letters, advise you on how to settle with infringers, and advise you as to how much (or how little) information you should give out. An attorney can also help you plan what type of evidence you'll need to collect if you need to prove infringement to a third party or to a court. But if you want to get started now, here are some tips and sample letters to Internet service providers and individual infringers that may provide you with some guidance. You can use these letters, if you wish, or modify them to suit your needs. Tips on writing letters
When you are writing to a company, such as Yahoo!, or to an individual whom you believe is responsible for infringing your copyright, be sure to include enough information so that the recipient of your letter knows exactly what the problem is, what you're expecting them to do about it, and how to get in touch with you. Include the following information: Determine who the recipient should be. If you're writing to an individual, of course you'll need their full name and address. If you're writing to a service provider such as Yahoo! or a web host, go to that service's main webpage (for example, www.yahoo.com). Usually, somewhere on that page you'll be able to find a link to their contact information or copyright policy. That should tell who whom to contact. Start out by explaining why you're writing. For example, if you're writing to an Internet Service Provider to ask them to remove an infringing website from their server, say so right off in the introduction. Explain who you are. For example, tell the reader that you are a designer or a publisher of craft patterns. Say where your work has been sold or displayed (it's not necessary, but it helps to show that you mean business). Describe the work which has been copied, and set out your rights. State that you are the author (if applicable) and the copyright owner of "Pattern or Book X" (whatever its title) and describe it briefly. Indicate what you own copyright in--the entire book, or each individual pattern, for example. Describe the problem. For example, tell the reader that you found an unauthorized copy of your work. Specify where you found it, with URLs to the unauthorized copy. Tell the reader that this is contrary to your rights. Tell the reader what you want. If you want the unauthorized copy removed, say so. There may be other demands you want to make. It's a very good idea to get legal advice on your rights, so that you know what demands are reasonable, and what demands make you look foolish. Then ask the reader to confirm when he or she has done what you are asking. If you want the reader to carry out your demands within a certain period of time, say so. Then remember to follow up. Don't make threats, insults, or allegations you can't prove. Of course you want to let the reader know that you mean what you say, but don't threaten to do something that you have no intention of actually doing. If you don't have the money to back it up, threatening to bring a lawsuit and then not following through with it will not help your credibility. In future, your letters may not carry too much weight. Not only that, threatening lawsuits or making allegations which are untrue may expose you to liability for threatening prosecution or defamation. Instead, it's safer to say that your next step will be to seek the advice of counsel, that you will consider litigation, or that you will consider some other step. Your letter might be publicized by the recipient. Be polite and reasonable when you write your letter and follow this rule: don't make statements in a letter you'd regret seeing on the front page of tomorrow's newspaper. Don't send your letter to other people unless you are advised otherwise by your legal counsel. Again, you don't want to open yourself up to liability for making false statements about someone, if it turns out that you were wrong. Give your contact information: a full mailing address, telephone number, and fax and e-mail if applicable. If you're writing to an Internet service such as Yahoo!, the service might have "Terms of Service" or "Terms of Use", or a copyright policy, which sets out what specific information they want to receive. Be sure to follow those instructions. And once you've done this, be sure to keep a copy for your records. If you think you might wind up in a position where you need to prove that you put the recipient on notice of your copyright, keep the fax confirmation sheet or send the letter by registered mail. Don't rely on e-mail alone to get your message across. Here's some sample text for a letter by
a designer and copyright owner about a fictitious Yahoo! group, using the
current copyright contact at Yahoo!:
Depending on the service provider you are writing to, this level of detail in a letter may not be necessary. Remember, it is best to consult a qualified attorney first before proceeding with any action. This letter may not be appropriate for your situation. This letter was written as an example for a copyright owner who wishes to have infringing copies of patterns removed from a website or other Internet location. In your own situation, you might need to make other demands--perhaps you will want a written statement signed by the other party, or you will want to ask for compensation for infringement, or an accounting of all infringing copies and any profits made from them. You may wish to put the reader on notice that further infringement will be dealt with in some manner. You should consult a qualified attorney. |
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Copyright 2001 |
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except in accordance with the specified terms. Click here to read these terms. |
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