Cease and Desist…or buy a license?
Copyright enforcement doesn’t always come in the form of a subpoena notice from an ISP. Often, copyright holders will send alleged infringers a cease and desist letter, indicating that they believe their rights are being infringed, and requesting that the activity stop, without communicating any demand for payment. This invites an opportunity for discussion and negotiation without the hostility often linked to lawsuits. If negotiation in response to the cease and desist letter fails, copyright holders typically then file a lawsuit. This course of action allows for some disputes to be resolved prior to litigation—thereby saving tons of time and reducing (or eliminating) the expenses associated with a full lawsuit.
However, not everyone follows this path—some companies, like Getty Images, have been skipping the cease and desist letters entirely, and simply sending demand letters and threats of lawsuits. These large-scale copyright holders seem to be taking evidence of potential infringement and using it as part of an enforcement-based business model.
Others have been taking a different tack, and treat alleged infringers as potential licensees. Dreamline, a stock photo website, sends alleged infringers a cease and desist letter that also includes the option of obtaining a license, for as little as $8, so that the alleged infringer can continue using the copyrighted image legally. The company’s CEO said that this model has been successful for them, and often leads to purchases of larger licenses. This route may be cheaper in the long-run for people who receive the letters.
No matter what the pattern, those who receive letters alleging copyright infringement should contact an attorney knowledgeable in copyright law to look into the validity of the claim, and make sure that they are informed about all of their available options.
For more information, see:
Share! Save Someone From Being Sued
Cobbler Nevada and Glacier Films Heat Up Illinois
Michigan Hit With Five New Dallas Buyers Club LLC Lawsuits
Update to New Yorkers to Get Subpoena Letters for LHF Productions, Inc
About Author
JAntonelli
Jeffrey Antonelli is a member of the federal trial bar of the Northern District of Illinois and is admitted to numerous federal courts around the country. He has been a civil litigator nearly 25 years in a broad range of actions representing corporations and individuals as plaintiffs and defendants in state and federal court. Jeffrey has been interviewed by the media many times, including Bloomberg BNA, NBC, The New York Times, Chicago Lawyer, Chicago Tribune, and the longstanding lawyer’s publication Chicago Daily Law Bulletin. Prior to forming Antonelli Law Ltd. in 2007 Jeffrey worked for several litigation boutiques in Chicago’s Loop as well as a full service firm. His litigation experience includes hotly contested issues in intellectual property, business, insurance, and consumer fraud. He is an adviser to the Illinois Board of Higher Education Advisory Council for Private Business and Vocational Schools (PBVS), and was a member of the Illinois State Bar Association Education Law Section Council from 2012-2013. Jeffrey is especially proud of his work representing hundreds of students defrauded by improperly accredited educational institutions, including as certified class counsel. Before attending law school, Jeffrey was interested first in business, and then in biomedical ethics. These interests led him to graduate from the nation’s largest philosophy department at Loyola University in Chicago, where some of his favorite (and most challenging) subjects were cognitive science and philosophy of science. During college he held positions at the University of Chicago’s Ben May Institute; as a medical assistant for a University of Chicago foot and ankle surgeon; and volunteered in the emergency room at the University of Chicago Hospitals. These experiences led to studying health law at the DePaul College of Law where Jeffrey earned his law degree and a certificate in health law. At that time DePaul’s Institute for Health Law was consistently ranked in the top 10 health law specialty programs nationwide. During law school Jeffrey immersed himself in studying the practical and public policy aspects of health care through internships at the American Medical Association in Chicago, and on Capitol Hill at the Governmental Relations Office of the Association of American Medical Colleges in Washington, DC. Jeffrey has concentrated in civil litigation throughout his legal career, and is a member of the federal trial bar of the Northern District of Illinois, the Central District of Illinois federal court, and all federal courts of Colorado, Wisconsin, Michigan, and Indiana. In addition, he is a member of the DuPage County Bar Association and the Illinois State Bar Association. Jeffrey prides himself on his strong personal ideals, passionate, ethical advocacy, and working hard to bring the best possible results for his clients. He also maintains a special interest in cases involving fraud. Whether due to good parenting, his family’s law enforcement employment, undergraduate studies in philosophy including ethics, or a fortuitous outcome of good breeding, one essence of Jeffrey’s character is a drive to root out the truth behind fraudulent practices.