Copyright Infringement Demand Letter Template for India

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Copyright Infringement Demand Letter

"I need a Copyright Infringement Demand Letter for my software company to address unauthorized distribution of our proprietary code on multiple websites, requiring immediate takedown within 48 hours and including technical evidence of the infringement."

Document background
The Copyright Infringement Demand Letter is a crucial first step in enforcing copyright rights under Indian law, typically used before initiating formal legal proceedings. This document is employed when there is clear evidence of unauthorized use, reproduction, or distribution of copyrighted material protected under the Copyright Act, 1957. It serves as formal documentation of the rights holder's attempt to resolve the matter amicably while preserving legal rights. The letter includes detailed information about the copyright ownership, specific instances of infringement, demands for cessation, and timeline for compliance. It's particularly relevant in today's digital age where copyright infringement has become increasingly common across various media and platforms. The document must comply with Indian legal requirements and should be drafted considering both the Copyright Act and relevant judicial precedents.
Suggested Sections

1. Sender's Details: Complete contact information and address of the copyright owner or their legal representative

2. Recipient's Details: Full name and address of the alleged infringer

3. Subject Line: Clear indication that this is a copyright infringement notice with reference number

4. Copyright Ownership Statement: Declaration of ownership or right to enforce the copyright, including registration details if applicable

5. Description of Protected Work: Detailed description of the copyrighted work including creation date and registration information

6. Description of Infringement: Specific details of how, when, and where the infringement occurred

7. Legal Basis: Citation of relevant sections of the Copyright Act and other applicable laws

8. Demands: Clear statement of specific actions required from the recipient, including cessation of infringement

9. Deadline: Specific timeframe for compliance and response

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

11. Closing: Professional closing with signature block and contact information for response

Optional Sections

1. Previous Communications: Reference to any prior attempts to resolve the matter, use when there has been previous correspondence

2. Damage Assessment: Detailed calculation of financial damages, use when monetary compensation is being sought

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

4. Additional Instances: List of other known infringements by the same party, use when multiple violations exist

5. Website Takedown Notice: Specific reference to DMCA or similar takedown procedures, use for online infringement

6. Undertaking Template: Draft undertaking for the infringer to sign, use when seeking written commitment

Suggested Schedules

1. Evidence of Copyright Ownership: Copies of copyright registration certificates, original work samples, or other proof of ownership

2. Evidence of Infringement: Screenshots, photographs, or other documentation proving the infringement

3. Chain of Title: Documents showing ownership transfer if the sender is not the original creator

4. Calculation of Damages: Detailed breakdown of financial losses and calculations if monetary compensation is sought

5. Draft Undertaking: Template of undertaking for the infringer to sign agreeing to cease infringement

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

Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Music Industry

Film and Television

Photography

Graphic Design

Gaming

Advertising

Digital Content Creation

Education

Fashion

Art and Design

Literature and Publishing

Software Development

Relevant Teams

Legal

Intellectual Property

Compliance

Risk Management

Content Protection

Creative Services

Digital Rights

Brand Protection

Publishing

Content Creation

Corporate Affairs

Relevant Roles

Legal Counsel

Intellectual Property Lawyer

Copyright Officer

Content Protection Manager

Legal Operations Manager

Compliance Officer

Risk Manager

Creative Director

Content Creator

Digital Rights Manager

Brand Protection Specialist

Publishing Manager

Literary Agent

Media Rights Manager

IP Portfolio Manager

Industries
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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