The Copyright Infringement Letter is a crucial legal instrument in Malaysia's intellectual property protection framework, primarily governed by the Copyright Act 1987. This document is typically used when a copyright owner discovers unauthorized use, reproduction, or distribution of their protected work. The letter serves as the first formal step in addressing infringement, often preceding legal proceedings. It must clearly establish ownership rights, detail the specific infringement, and demand concrete actions for resolution. The document should reference relevant Malaysian legislation and international treaties, while providing sufficient evidence of both copyright ownership and infringement. A well-drafted Copyright Infringement Letter can often lead to quick resolution without court intervention, though it also serves to document the rights holder's attempt to resolve the matter amicably before pursuing litigation.
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1. Sender's Details: Full contact information of the copyright owner or their legal representative
2. Recipient's Details: Complete details of the alleged infringer, including name, address, and any relevant business information
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 being infringed
5. Details of Infringement: Specific description of how, when, and where the infringement occurred
6. Legal Basis: Citation of relevant sections of the Copyright Act 1987 and other applicable laws
7. Demand for Action: Clear statement of required actions (cease and desist, removal of content, etc.) and deadline for compliance
8. Consequences of Non-Compliance: Statement of legal actions that will be taken if demands are not met
9. Response Requirements: Instructions for how and when the recipient should respond
1. Previous Communications: Reference to any prior attempts to resolve the issue, if applicable
2. Calculation of Damages: Include when there are quantifiable financial losses from the infringement
3. Digital Removal Instructions: Specific instructions for removing online content, applicable for digital infringement cases
4. Settlement Terms: Proposed terms for resolving the matter without litigation, if willing to settle
5. Statutory Declarations: Include when formal declarations of ownership or infringement evidence are necessary
1. Evidence of Copyright Ownership: Copies of copyright registration certificates, original work documentation, or other proof of ownership
2. Evidence of Infringement: Screenshots, photographs, or other documentation showing the alleged infringement
3. Comparison Document: Side-by-side comparison of original work and infringing material
4. Chain of Title: Documentation showing ownership history if the copyright has been transferred or assigned
5. Record of Infringement: Timeline and documentation of discovered infringements, including dates and locations
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