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Copyright Infringement Letter Of Demand

Copyright Infringement Letter Of Demand Template for Indonesia

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Copyright Infringement Letter Of Demand

"I need a Copyright Infringement Letter of Demand for my software company in Indonesia to address unauthorized distribution of our proprietary code on several websites, demanding immediate removal and compensation for losses."

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Document background
A Copyright Infringement Letter of Demand is a critical legal instrument used in Indonesia when copyright holders discover unauthorized use of their intellectual property. This document, governed by Indonesian Law No. 28 of 2014 on Copyright and related regulations, serves as a formal notice and the first step in enforcing copyright rights before pursuing litigation. It is typically used when there is clear evidence of copyright infringement and the rights holder wishes to resolve the matter efficiently while maintaining the option for legal action. The letter must comply with Indonesian legal requirements and typically includes detailed evidence of ownership, specific instances of infringement, formal demands, and deadlines for compliance. It's particularly important in the Indonesian legal context as it establishes a paper trail of attempted resolution and can strengthen the rights holder's position in any subsequent legal proceedings.
Suggested Sections

1. Sender and Recipient Details: Complete contact information for both parties, including legal representatives if applicable

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

3. Description of Copyrighted Work: Detailed description of the protected work, including creation date and any relevant registration numbers

4. Infringement Details: Specific details of when, where, and how the copyright infringement occurred, with concrete examples

5. Evidence Reference: Reference to attached evidence demonstrating the infringement

6. Legal Basis: Citation of relevant Indonesian copyright law provisions that have been violated

7. Formal Demands: Clear statement of demands including cease and desist, removal of infringing content, and any monetary compensation

8. Deadline for Compliance: Specific timeframe within which the recipient must comply with the demands

9. Consequences of Non-Compliance: Statement of legal actions that will be taken if demands are not met

Optional Sections

1. Previous Communications: Reference to any previous attempts to resolve the matter, used when there have been prior contacts

2. Damage Assessment: Detailed calculation of damages suffered, used when seeking specific monetary compensation

3. Settlement Terms: Proposed terms for amicable resolution, included when willing to negotiate

4. Undertaking: Draft undertaking for the recipient to sign, included when seeking formal commitment to cease infringement

5. Without Prejudice Save As To Costs: Legal reservation of rights, included when the letter might be used in future legal proceedings

Suggested Schedules

1. Evidence of Copyright Ownership: Copies of copyright registration certificates, original work documentation

2. Evidence of Infringement: Screenshots, photographs, or other documentation of the infringing use

3. Comparison Schedule: Side-by-side comparison of original work and infringing material

4. Damage Calculation: Detailed breakdown of claimed damages and methodology used

5. Draft Undertaking: Form of undertaking for the recipient to sign and return

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Music Industry

Film and Television

Gaming

Advertising

Digital Content Creation

Fashion and Design

Education

Art and Photography

Software Development

E-commerce

Legal Services

Relevant Teams

Legal

Intellectual Property

Compliance

Content Protection

Digital Rights

Brand Protection

Creative Services

Business Affairs

Risk Management

Corporate Affairs

Relevant Roles

Intellectual Property Lawyer

Legal Counsel

Copyright Manager

Content Protection Officer

Brand Protection Manager

Legal Director

Compliance Officer

Creative Director

Digital Rights Manager

Business Affairs Manager

Legal Operations Manager

Intellectual Property Paralegal

General Counsel

Chief Legal Officer

Industries
Law No. 28 of 2014 on Copyright (Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta): The primary copyright law in Indonesia that defines protected works, economic and moral rights, copyright ownership, licensing, and infringement penalties
Indonesian Civil Code (Kitab Undang-Undang Hukum Perdata): Provides the legal basis for civil claims and remedies in copyright infringement cases
Law No. 11 of 2008 on Electronic Information and Transactions (UU ITE): Relevant for copyright infringement cases involving digital or electronic works
Government Regulation No. 27 of 2019: Implementation regulation regarding the procedures for recording and licensing of copyright and related rights
Berne Convention for the Protection of Literary and Artistic Works: International treaty ratified by Indonesia that establishes the basis for international copyright protection
WIPO Copyright Treaty (WCT): International treaty addressing copyright protection in the digital environment, which Indonesia has ratified
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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