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
Let's say you're a designer or a publisher whose patterns are being copied without your permission.  Let's also assume that you are the copyright owner, and that you've determined that there is infringement and you've decided to handle the problem yourself.  Here are some tips for writing letters to Internet service providers and individuals who may be infringing your copyright:

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!:
 
 

Anthony P. Coll
c/o Yahoo! Inc.
701 First Avenue
Sunnyvale, CA 94089

June 30, 2001
 

Dear Mr. Coll:

Re:  Notice of Copyright Infringement on Yahoo [Groups]

I am writing to inform you of a violation of my intellectual property rights by a user of your service, LadyInfringer at ladyinfringer@server.com, and to ask you to have the offending material, and the offending user, removed from Yahoo!.
[note: change this paragraph to match your objectives--do you want Yahoo! to keep a record of the material that was uploaded by LadyInfringer? Have you already made a note of what was copied, and where it was stored?  You might need that information later.  In this example, the copyright owner just wants the offending material removed and the offending user blocked from Yahoo!.]

I am the author and copyright owner of Sophisticated Crochet Designs for Work.  This is a 20-page leaflet of crochet patterns for clothing items, which I first created and published in October, 2000, and made available for sale in select crafting stores in the United States and on the Internet through my own website, www.sophisticatedcrochet.com.  The leaflet contains ten patterns, each of which is an individual original work protected by copyright law.  In particular, the leaflet contains one pattern entitled “Lacy Shell for Summer Dressing”.
[change this paragraph as necessary]

It has come to my attention that a user of Yahoo!, LadyInfringer at ladyinfringer@server.com, has posted an unauthorized copy of my work, “Lacy Shell for Summer Dressing”, to the Yahoo Group called CrochetSharingClub.  The main page of this Yahoo community may be found here:

http://www.groups.yahoo.com/group/CrochetSharingClub

The unauthorized copy of “Lacy Shell for Summer Dressing” is contained in certain messages posted to this Yahoo! Group.  The message numbers in the archives of this community are 201 through 203.  These messages attach graphics files of individually scanned pages of “Lacy Shell for Summer Dressing”.

Here are the links to the offending messages:
http://groups.yahoo.com/group/CrochetSharingClub/message/201
http://groups.yahoo.com/group/CrochetSharingClub/message/202
http://groups.yahoo.com/group/CrochetSharingClub/message/203

And here are the links to the offending attachments:
http://attach3.egroups.com/group/CrochetSharingClub /attach/2879922/3507/gs-287=99=2879922/10-1-10-84/image=jpeg/ls-1.jpg
http://attach3.egroups.com/group/CrochetSharingClub /attach/2879922/3507/gs-287=99=2879922/10-1-10-84/image=jpeg/ls-2.jpg
http://attach3.egroups.com/group/CrochetSharingClub /attach/2879922/3507/gs-287=99=2879922/10-1-10-84/image=jpeg/ls-3.jpg

[if there are a lot of links, you may want to attach them as a separate page]

As the copyright owner, I know that I have not given permission for my work to be used in this manner.  I therefore have a good faith belief that the use of “Lacy Shell for Summer Dressing”, described above, is not authorized by the copyright owner, the copyright owner’s agent, or the law.  I therefore request that you remove the offending messages and attachments from Yahoo! immediately, and provide me with notification once this has been done.  Likewise, I also request that you remove the user responsible for placing this infringing content on Yahoo!, and provide me with notice once this has been done.

In accordance with Yahoo’s stated copyright policy, I hereby confirm under penalty of perjury that the above information is accurate, and that I am the owner of copyright in the work “Lacy Shell for Summer Dressing” described above.
[the wording in the above two paragraphs contains wording which Yahoo!'s policy specifically requires.  See http://docs.yahoo.com/info/copyright/copyright.html]

Thank you very much for your attention to this matter.  You may contact me at the following address:

[Your name]
[Your mailing address]
[Your telephone number]
[Your e-mail address]
 

Yours very truly, 
 
 

________________________
[Your name and position]
[Your company name]
 

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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