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COPYRIGHT INFRINGEMENT WORKSHEET Use this worksheet to gather information for putting together your copyright infringement case. Typically you are not going to go through this much work for copyright infringement case unless it is commercial in nature and you have protected your works with US Copyright Office registrations. This worksheet will allow you to create detailed description of the infringement that you can turn over to your lawyer to draft your response and explain your potential case. Since most copyright infringements are settled out of court detailed response can improve your chances for settlement in your favor. This is not legal advice consult your attorney for legal advice on how to pursue your case. Name of Company. Insert name of company caught infringing. Infringing Company Contact Information. Insert contact details for the infringing company such as physical address phone number email addresses web site URL etc. Background. Insert description of the infringement such as how it was discovered.
Timeline. Insert timeline of the infringement such as when it was discovered and any research that can pinpoint specific events related to the infringement such as timestamps on files. Also include any dates for the creation of the works as well as dates of copyright registrations. Description of Infringing Works. Insert description and examples of the work that is infringing on yours. Include screenshots URLs references to printed materials etc. Description of Infringed Works. Insert description and examples of the original work that was infringed. Include screenshots URLs references to printed materials etc. Comparison of Infringement.
Insert comparison of the infringing works and the infringed works and describe how much was infringed. Extent of Infringement. Insert description of how extensive the infringement is or could be such as number of copies distributed or amount of web site traffic that has used the infringing works. How the Infringement Occurred. Insert description of how you believe the work was infringed and how many ways it could have been infringed. Nature of Infringement. Insert description of the nature of the infringement such as being used commercially or non commercially. Extent of Damages.
Insert description of the financial losses that can be attributed to this infringement such as loss of sales if the work had been purchased from you. If the infringement is commercial in nature describe the sales revenue the infringer could have made from the infringed work that you are entitled to. Protections of Infringed Work. Insert description of how you have protected this work or not. If you have submitted the work to the US Copyright Office and have obtained registered copyrights list the copyright registration numbers and registration dates. Analysis of the Infringement. Insert your analysis of the infringement such as how you proved the infringement. Since most copyright infringement has digital trail has your analysis pointed to any proof of willful infringement such as another persons name tagged in documents properties. Does your analysis show any digital fingerprints such as identical styling font types unique formatting identical color palettes etc. that shows it was directly copied. Whats Been Done. Insert description of any actions you have taken so far such as communications you have had with the infringing party or with parties that have any connection to the infringement such as web site hosting company hosting the infringing material.
Retrieval of Proof. Insert description of how you have maintained copies of the infringement so that it can still be proven if the situation changes such as the infringing work being discovered online. Have you downloaded copies of the infringement in case it is hidden from view. Our Demands. Insert list of your demands from the infringer. These may include removal of the infringing works payment for use of the material and legal fees identification of any other infringements not yet known about agreement to not copy material from you in the future etc. If Demands Not Met.
Insert description of what you will do if the demands are not met or compromise is not reached. Actions might include filing lawsuit submitting DMCA takedown request to web site hosting company and search engines etc.
CEASE AND DESIST LETTER Dear contract first name contract last name It has come to our attention that you have made an unauthorized use of our copyrighted work entitled Insert the name of the infringed work the Work in the preparation of work derived therefrom. have reserved all rights in the Work which was first published in Insert the publication date of the infringed work on Insert the URL of original work and have registered the copyright. Your work entitled Insert the name of the infringing work and which appears on your web site at Insert the URL of infringing site is essentially identical to the Work and clearly used the Work as its basis. Give few examples that illustrate direct copying and or unfair use. You neither asked for nor received permission to use the Work as the basis for Insert the name of the infringing work nor to make or distribute copies of it. Therefore believe you have willfully infringed my rights under USC §101 et seq. and could be liable for statutory damages as high as 100 000.
I demand that you immediately cease the use and distribution of all infringing works derived from the Work and all copies of it and that you deliver to me all unused undistributed copies of it or destroy such copies immediately and that you desist from this or any other infringement of my rights in the future. If have not received an affirmative response from you by date indicating that you have fully complied with these requirements shall consider taking the full legal remedies available to rectify this situation. Sincerely first name last name e mail address Phone. phone number Fax. fax number
job title company name
CEASE AND DESIST LETTER current date VIA MAIL AND EMAIL company name Attn. DMCA Copyright Agent address address city state or province zip or postal code
email address Re. Unauthorized Use of Copyrighted Work It has come to our attention that you have made an unauthorized use of our copyrighted work Insert type of media i. e. photograph video publication etc. entitled Insert the name of the infringed work the Work The infringed Work is on file with the U. S. Copyright Office Insert copyright filing number The Work is available for paid license and can be viewed at our Insert name of web site web site. Insert direct link to the original infringed work. This statement is written on the assumption that most copyright infringement will be from source material copied from the Internet. If the infringement was from physical works change the description accordingly. Also submit the cease and desist demand with printed copies of both the original source material and infringing material. This web page makes clear in several locations that the Work is copyrighted and that any unauthorized use is prohibited.
company name has made unauthorized use of the Work in Insert description of how the work was infringed i. e. web site advertisement mass email campaign etc. see attachment. No license has been purchased by company name from company name and no authorization was given by company name to use this copyrighted and registered work. Insert any extra information that helps back up your infringement claim such as any research you have done regarding specifically when the infringement occurred third party information that helps your case and information about who effected the infringement. As you can easily determine by comparing the Work and the infringing version they are the same. If you can show willful violations such as copyright notices watermarks etc. being removed describe these alterations to the infringed work. company name distributed this infringing work via Insert description of how the infringing work was distributed on Insert date that the infringement occurred or was detected As you are no doubt aware copyright ownership in original works vests in the author or creator of the work U. S. C. a It is violation of U. S. copyright law to reproduce and or prepare derivative of copyrighted work U. S. C. §. It is also violation of our license agreement to make unauthorized use of copyrighted content without payment or permission. In addition under U. S. C. it is unlawful to remove or alter copyright management information including identifying information about the copyright owner contained in digital watermark. If there are other issues that were violated by the unauthorized copying also state them here. For example the normal use of an image may require separate written authorization from third party such as the use of an image requiring not only license but written permission from recognizable person in photograph. Add as many details as possible to your claim showing as many problems created by the infringement as possible. If you can show willful violation such as the removal of copyright statements or watermarks add the following statement. The removal of digital watermark after the Work was copied from web page clearly identifying it as copyrighted and for licensed use only indicates that the infringement has been performed willfully. Under U. S. C. §§ and infringer could be liable for statutory damages as high as 150 per violation together with attorneys fees and costs necessary to secure judgment in court. Reword that statement as needed. The statement above is based on the assumption that the Work was copied from an Internet web page owned or controlled by you and that you had copyright notices displayed.
If you believe you have the right to use the Work without our authorization please advise us in writing and provide documentation to support your position. Otherwise we demand that you immediately cease the use and distribution of all infringing works reproduced using and or derived from the Work purge all copies of the Work and desist from this or any other infringement of our rights in the future. We also demand that you conduct an investigation and inform us in writing of each unauthorized use of the Work and any other works obtained from company name. We further demand payment of Insert dollar amount of your demand for immediate resolution of this matter. If we are forced to incur legal expenses in this matter we will demand those in any future resolution. Please respond to this letter by effective date indicating in writing that you have fully complied with these requirements and agree to these terms. This letter and demand are offered in furtherance of settlement and are subject to ER and not admissible to prove liability for or invalidity of any claim. We retain all rights in the copyright and other interests in the Work and all claims we may have against any person or entity. This letter is not full recitation of all relevant matters and nothing omitted and or contained herein shall be construed as or deemed to be an admission or waiver. We appreciate your cooperation with this matter and look forward to your prompt response. Sincerely first name last name e mail address Phone. phone number
Fax. fax number job title company name
CEASE AND DESIST LETTER current date CERTIFIED MAIL RETURN RECEIPT REQUESTED Insert Name of the Infringer
Insert Address of the Infringer Infringers Registered Agent Address of Infringers Registered Agent Re. company name v. Insert Name of the Infringer To Whom It May Concern. company name is the owner of United States Federal Trademark Registration No. Trademark Registration Number and other trademark registrations pertaining to this mark. company name uses this mark in the United States in conjunction with Insert description of how the Company uses the mark in commerce or in connection with the goods or services it provides. company names federal registration and recognition has been in full effect for over Insert Number of Years Registered years since the mark was registered and recorded by the United States Patent and Trademark Office see attached exhibits. company name legally owns the trademark upon which your Insert short description of how the infringement is taking place web site product advertisement etc is infringing. We have attached copy of the federal trademark registration data to this letter for your reference. company name believes that you are intentionally trading on the goodwill of company name by using trademark that is confusingly similar to Insert Trademark Description and that your use of the Trademark does or is intended to confuse or mislead customers seeking company names products or services. This activity is actionable under federal law and causes you to be liable to company name in every state in which you have made sales or done business. Your activities are unlawful and constitute unfair competition intentional trademark infringement and dilution false designation of origin or cyber squatting if the Trademark involves domain name
Federal Law provides numerous legal remedies for trademark infringement and dilution including but not limited to preliminary and permanent injunctive relief monetary damages claim to defendants profits destruction or confiscation of infringing products or items and in cases where infringement is shown to be willful and intentional legal fees and up to treble 3x monetary damages. company name prefers to resolve matters such as these without the need to take legal action but it is prepared to take any action it deems necessary to protect its rights and property. You may avoid legal action by having an authorized representative sign this notice as indicated below and return the signed letter to us at the address listed below on or before delivery date. This letter is sent without prejudice to company names rights and claims all of which are expressly reserved. first name last name Signature job title
company name address address city state or province zip or postal code Phone. phone number
Fax. fax number Email. e mail address The undersigned covenants to take the following actions. 1. Immediately cease and desist from any and all use of the infringing mark whether the marks are used in commerce or not now or in the future. 2. Insert whether transfer of rights of the undersigned to any infringing domain names or other property must occur and the terms of such transfer 3. Immediately cease the use and distribution of all infringing works works derived from the marks whether obscured or not and all copies of such infringing materials. 4. Deliver all unused undistributed copies of any infringing works or proof of the destruction of such copies.
Signature. Job title of signator authorized signature or signer. Date when the contact was signed
GIVING NOTICE OF BREACH OF AGREEMENT DEMANDING CORRECTIVE ACTION current date company name address address
city state or province zip or postal code Phone phone number Fax fax number Re. Our Agreement Dear salutation last name The purpose of this letter is to give formal notice of your breach of our Agreement Insert the title of the contract or agreement which was breached dated start date. Specifically you are in breach of paragraph Insert Paragraph Breached here of the Agreement which provides that Insert description of what was breached Please be advised that if Insert corrective action that must be done will have no choice but to refer this matter to legal counsel for appropriate action.
Thank you in advance for your immediate attention to this matter. Sincerely first name last name job title
WEB HOSTING AND EMAIL RESELLER AGREEMENT THIS AGREEMENT is made this current day day of current month current year by and between company name hereafter referred to as VAR or Reseller and company name hereafter referred to as Company or Provider The purpose of this Agreement hereafter referred to as the Agreement is to precede longer term contract arrangement under which company name will provide Reseller services on behalf of Company. Terms and Conditions As service the standard VAR Agreement with Company is provided below. 1. Right to Resell. Subject to the terms and conditions of this Agreement Company grants the VAR non exclusive right to resell its products and services to the VARs customers with the following Agreements. a Providers service will be provided on an as is as available basis. Further provider provides no warranty written expressed or implied for any web hosting or email services provided including without limitation warranty of the merchantability and warranty of fitness for particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers beyond the fees paid to provider for services. b VAR and VARs Customers VARs End Users will use the Web Hosting and Email services in manner consistent and compliant with any and all applicable laws of the State of state or province and the US Federal Government.
c Use of any information obtained by way of provider is at VARs own risk and Provider specifically denies any responsibility for the accuracy or quality of information obtained though its services. Provider makes no warranty written expressed or implied of any guaranteed uptime or that the service will function at reliable level based on past performance. d Provider is not responsible for any damages arising from VARs use of Provider or by VARs Customers inability to use the Web Hosting and Email services for any reason. e Provider shall make every reasonable effort to protect data stored on Customers Server Provider is not responsible for VAR or VARs Customers data files or directories residing on Providers equipment. Customer is solely responsible for maintaining data file and back ups. 2. Representation. The VAR shall maintain sales office for product promotion and is responsible for all costs incurred for the promotion and sale of Company products and services. The VAR shall conduct business in its own name and shall not represent itself as an employee or agent of Company. Prospects may be registered with Company and will be protected for days. This protection may be renewed at Company discretion for further days. 3. End User Pricing. End User pricing and VAR Compensation is outlined on Exhibit attached and is subject to change at the sole discretion of Company. VAR may set their end user pricing as they determine. Company is not responsible for misrepresentations inaccuracies errors of other pricing discrepancies made between the VAR and any prospective customers that the VAR may deal with. 4. Compensation. Terms of payment are C. O. D. unless credit approval has been granted by Company. If credit approval has been granted credit terms are net upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than days. VAR is solely responsible for all hosting and billing payments to Company.
5. Non Disclosure. Proprietary Information exchanged here forth shall be treated as such by the VAR and held in the strictest of confidence. This information shall include but not be limited to the provisions outlined in this Agreement product and services information pricing source code company practices methodology and procedures. The VAR further agrees to not distribute decompose disassemble decode or reverse engineer any Company program delivered to the VAR or any portion thereof without prior written approval of Company. 6. Transfer of Rights. The VAR may not assignor transfer this Agreement in whole or in part without the prior written consent of Company. In the event that the VAR contemplates whole or partial sale of its business ownership change or change in its jurisdiction the VAR shall notify Company by mail facsimile or email no less than days prior to the effective date of the event. 7. Term of Agreement. The term of this Agreement is twelve months from the date of execution by Company. This Agreement shall be continuously renewed every twelve months unless the VAR notifies Company in writing thirty days prior to the expiration date. 8. Termination. Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events. failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure appointment of Receiver or upon the filing of any application by the VAR seeking relief from creditors upon mutual agreement in writing of Company and VAR. 9. Disputes.
If legal proceedings are commenced to resolve dispute arising out of or relating to this Agreement the prevailing party shall be entitled to recover all costs legal fees and expert witness fees as well as any costs or legal fees in connection with any appeals. 10. Indemnification. The VAR shall indemnify and hold Company harmless from and against any and all claims judgments awards costs expenses damages and liabilities including reasonable attorney fees of whatsoever kind and nature that may be asserted granted or imposed against Company directly or indirectly arising from or in connection with VAR marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by the VAR. 11. Limited Warranty. Company warrants that the product will substantially perform the functions or generally conform to the specifications published by Company for the product. If it is determined that the product does not operate according to such documentation Companys only responsibility will be to use reasonable efforts consistent with industry standards to cure the defect. 12. Force Majeure. Neither party shall be held responsible for delay or failure in performance here under caused by acts of nature strikes embargoes fires war or other causes beyond their reasonable control.
13. Binding Effect. If any provision of this Agreement is held to be unenforceable the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement and any disputes arising here under shall be governed by the laws of state or province without regard to conflicts of laws principles. failure by any party to exercise or delay in exercising right or power conferred upon it in this Agreement shall not operate as waiver of any such right or power. Each party represents and warrants that on the date first written above they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below. EXECUTED as of the date first written above. company name By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed company name
By signator authorized signature or signer. Job title of signator authorized signature or signer. Date when the contact was signed Reseller Initials Company Initials