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Cease and desist template letter/email

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Cease and desist template letter/email Empty Cease and desist template letter/email

Post by IamGinaW Mon Dec 05, 2011 12:11 pm

Wouldn't it be super helpful for all face painters to have a cease and desist template letter/email to send out when/if we find our photos stolen? Does anyone have one to post? If not, I'll work on one...
IamGinaW
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Post by CottonKandyClown Mon Dec 05, 2011 12:13 pm

Great idea!
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Post by Noella Mon Dec 05, 2011 12:49 pm

http://www.free-legal-document.com/copyright-cease-and-desist.html

This one might apply more to written word, however photos (especially with identifiable people that would be unknown to the thief) would be easier to "prove" I'd think.

I tend to go for the DMCA takedown notice personally....

http://rising.blackstar.com/how-to-send-a-dmca-takedown-notice.html

But that goes through the ISP, not to the site owner themselves.....
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Post by IamGinaW Mon Dec 05, 2011 1:09 pm

Ok, how about this:

Dear Sir or Madam:

It has come to our attention that you are operating a web site found at http://_____________________ Your web site contains the following copyrighted images belonging to _____________________:
[list of images].

As you neither asked for nor received permission to use these images, nor to make or distribute copies, including electronic copies, of same, we believe you have willfully infringed our rights under 17 U.S.C. Section 101 et seq. and could be liable for statutory damages as high as $150,000 as set forth in Section 504(c)(2) therein. We hereby demand that you immediately cease and desist use of these images.

Based upon the foregoing, we hereby demand that you confirm to us in writing within 24 hours of receipt of this letter that: (i) you have removed the aforementioned infringing images from your site; and (ii) you will refrain from posting any similar infringing material on the Internet or any other online service in the future. If you do not comply with our request to remove the infringing images from the web site within 24 hours from the date and time of this letter, you will leave us with no other choice but to pursue all available legal and equitable remedies against you.

Sincerely,
IamGinaW
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Post by IamGinaW Mon Dec 05, 2011 1:10 pm

and if that doesn't work, here's one for the ISP:

VIA Email at ISPHosting@isp.com

Re: Copyright Claim

To the ISP Hosting Company:

I am the copyright owner of the photographs being infringed at:

http://___________________

http://___________________

Copies of the photographs being infringed are included to assist with their removal from the infringing Web sites.

This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringements. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified postings and prevent the infringer, who is identified by its Web address, from posting the infringing photographs to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing photographs upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.

Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.

Sincerely,
/s/ Your Name
Email: ______________

IamGinaW
IamGinaW

Number of posts : 1626
Age : 51
Location : California's beautiful Central Coast
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Post by fpinmn Mon Dec 05, 2011 2:51 pm

Wow!
These are amazing!
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Post by Guest Mon Dec 05, 2011 2:56 pm

There are samples on the www.snazaroo.us website too. Have been for years - My advice to newer painters: go cruise around the FAQs and other stuff on there. Well over a decade of input and knowledge to share.

That's where I got my version of a cease and desist letter.

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