Copyright Infringement Cease And Desist Letter Template for Australia

The Copyright Infringement Cease And Desist Letter Template is a crucial legal tool for copyright holders in Australia seeking to protect their intellectual property rights. This document is typically used when there is clear evidence of unauthorized use of copyrighted material and serves as a formal first step in enforcement proceedings. It operates under the framework of the Copyright Act 1968 (Cth) and related Australian legislation, providing a structured approach to addressing infringement before pursuing court action. The letter should be used when direct communications have failed or are not appropriate, and when the copyright holder can clearly demonstrate ownership of the works and specific instances of infringement. It includes comprehensive details about the protected work, evidence of ownership, specific instances of infringement, and clear demands for cessation, while maintaining compliance with Australian legal requirements and procedures.

1. Sender Details: Full legal name, address, and contact information of the copyright holder or their legal representative

2. Recipient Details: Full name and address of the alleged infringer, including business name if applicable

3. Copyright Ownership Declaration: Clear statement of ownership of the copyrighted work, including registration details if applicable

4. Description of Protected Work: Detailed description of the copyrighted material, including creation date and any registration numbers

5. Infringement Details: Specific description of how the recipient has infringed the copyright, including dates, locations, and instances of unauthorized use

6. Legal Basis: Citation of relevant sections of the Copyright Act 1968 and other applicable laws that protect the sender's rights

7. Cease and Desist Demands: Clear, specific demands for the recipient to stop infringing activities, including deadline for compliance

8. Consequences of Non-Compliance: Statement of legal actions that may be taken if the recipient fails to comply

9. Response Requirements: Specific instructions for how and when the recipient should respond to confirm compliance