As we have discussed in prior blogs, proprietary knowledge is frequently key in helping businesses distinguish their goods and services from those of their competitors. In that regard, copyright can be a powerful tool that can serve as a shield as much as a sword. Understanding it, and its uses and pitfalls, is therefore increasingly important in today’s competitive business environment, including when sending or receiving cease and desists, take down notices, and other varieties of legal notice and action.
Sending a Copyright Cease and Desist Letter
When someone uses a business’ copyrighted material without permission, it leaves the business with a decision as to whether to protect it, and if so, how. Although cease and desist letters should not be used carelessly (see our prior article on the “Curious Case of the Cease & Desist”), such a letter is often a preferred initial approach in addressing infringement. A cease and desist should be clear regarding the concerning conduct and the remedies sought, although careful not to incite unintended consequences. Experienced legal counsel is usually recommended.
“Take Down Notices”: Act Immediately
As discussed in our prior blog article, “Tyger Tyger: Safeguarding Against Predatory Copyright Takedowns,” take down notices, issued under the Digital Millennium Copyright Act (DMCA), are another tool used to address copyright infringement in the digital space. These notices are not suggestions—they’re demands. If you get one, they generally demand prompt action and response.
Missing deadlines, ignoring notices, or assuming it’ll all just blow over can constitute costly mistakes, prompting adverse financial outcomes and worse. Working with counsel to understand your options and preferred course of action can be important.
Why You Can’t Afford to Wait
If you’ve received a cease and desist letter or a take down notice, or if you need to send one, don’t leave it to chance. Baker Jenner has the experience and approach you need to advance and protect your business interests. Call us today at (404) 400-5955 to get the legal support you need.
Baker Jenner LLLP
