dWhat is a cease and desist letter?
A cease and desist letter is commonly used in slander or libel cases -- one person feels their reputation is being tarnished by another person, so they send a cease and desist letter threatening legal action if the slander or libel continues. But what many creative artists might not be aware of is that a cease and desist letter can be a great tool to battle copyright infringement -- without the hefty legal fees involved in suing someone.
Today's musician has an incredible amount of resources to help reach potential fans in new markets: Facebook, YouTube, ReverbNation, and countless other ways to get your music out there. But, while it's much easier to reach fans now than ever before, the risk of copyright infringement is higher than never before as well.
If your music is out there on the internet -- obviously a necessary aspect of marketing, allowing the public to listen to a sample of your material -- it's child's play for someone to improperly and illegally access and redistribute that music. And there's no fool-proof way to secure your music against this. Even if you don't offer your music for download for security reasons, with the proper software, streamed music can be easily captured.
What can you do to protect yourself?
First and foremost, register your copyright. Without a valid copyright registration on file with the US Copyright Office, unfortunately, you don't have a leg to stand on. (Technically, a copyright is automatic -- but in order to pursue legal action against someone, most lawyers won't touch your case with a 10-foot pole without that official registration.)
Once you've copyrighted your material, the option of bringing legal action against someone illegally hosting your music for distribution is in your reach. But most musicians -- the ones I know personally, anyway -- are in no financial position to be bringing legal action against their negligent landlords, much less a stranger who owns a website somewhere.
The solution? A cease and desist letter.
A cease and desist letter is much, much cheaper than hiring a lawyer; it's essentially free to draft and send, minus the postage stamp. This alone immediately makes it a more attractive option than suing. Because you've registered your music with the US Copyright Office (right?), you'll be able to draft a letter containing:
- Your name
- Your official copyright registration number
- The specifics of the material being improperly used (your song title, for example)
- The location of the infringement (the URL of the website on which your material is being hosted)
- A demand for the material to be removed
- A threat of legal action, should the material not be removed
What if my cease and desist letter is ignored?
You've spotted the flaw in this plan: What happens if the cease and desist letter is ignored? Well, that's why lawyers cost more than sending a letter. Yes, you absolutely could be bluffing and have no intention of following through on your threat. But if you have no intention of pursuing legal action, a cease and desist letter is, to put it bluntly, your only hope in getting your music removed from an improper location.
Before you lose hope, look at this in perspective -- even an empty threat can be effective, if you do it right. Think of it from the infringer's point of view. The person using your music improperly knows what he or she is doing is wrong. The person knows very well that he or she did not create the music, and therefore the ownership belongs to someone else. Copyright infringers infringe for one of two reasons:
- They don't realize what they're doing is wrong.
- They don't believe they'll get caught.
If your infringer honestly doesn't realize he or she is breaking the law, your letter -- containing all of the information the infringer needs to understand the law as it relates to this specific action -- will set him or her straight.
If your infringer thinks he or she is sneaking under the radar, your strongly worded cease and desist letter will alert him or her in no uncertain terms that you're aware of what's going on, you're legally the owner, and you're not pleased. If they do ignore the letter -- well, you'll need to make a decision on whether their use is worth the cost of legal proceedings. But if you were in their shoes, and you received a legal-sounding letter threatening legal action if the infringement continues -- would you take that risk?
Sources:
Sarah Kolb - Business incorporation and copyright registration specialist. Freelance book editor. Senior content editor/writer.
