Copyright Infringement Cease and Desist Letter - Form

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Phone: ________
Email: ________

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Re: CEASE AND DESIST — COPYRIGHT INFRINGEMENT (Republic Act No. 8293, as amended)

Delivered via: ________

Dear ________,

This letter is sent on behalf of and at the instance of ________ (the “Owner”), the lawful owner and proprietor of all rights, title, and interest in and to the copyrighted work hereinafter described.

§ 1. The Copyrighted Work. The Owner is the creator and copyright owner of the following original literary and/or artistic work (the “Work”): ________, a copy of which is hereto attached as Annex “A”.

§ 2. Subsistence of Copyright. Pursuant to Section 172 in relation to Section 178 of the Intellectual Property Code of the Philippines (Republic Act No. 8293, as amended) (the “IP Code”), copyright in the Work subsisted and was vested in the Owner from the moment of its creation, the Work having been originally created and first published on ________. By operation of Article 178 of the IP Code and, where applicable, the Berne Convention for the Protection of Literary and Artistic Works (to which the Philippines is a party), copyright protection arises automatically and does not depend upon registration or any other formality.

§ 3. Registration and Deposit. By way of additional evidence of the Owner’s rights, the Work was duly recorded and deposited with the Intellectual Property Office of the Philippines (“IPOPHL”) on ________ under Registration No. ________. A copy of the Certificate of Copyright Registration and Deposit issued by the IPOPHL is hereto attached as Annex “B”.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

§ 5. Acts Constituting Infringement. It has come to the Owner’s attention that you have, without the Owner’s prior authority, license, or consent, made unauthorized use of the Work in the following manner:

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Samples and/or copies evidencing the said unauthorized use are hereto attached as Annex “C”. Such acts were committed on or about ________ and are continuing as of the date of this letter.

§ 6. Infringement. Your acts described above constitute copyright infringement under Section 216 of the IP Code, as you did not seek or obtain the Owner’s permission, license, or consent to reproduce, distribute, communicate to the public, display, or otherwise use the Work in any manner. As the copyright owner clothed with exclusive rights over the Work, the Owner has been and continues to be directly prejudiced by your unauthorized acts.

§ 7. Available Remedies. Please be advised that, under Sections 216, 216.1, and 217 of the IP Code, an infringer may be held civilly liable to pay actual damages and profits, statutory damages, attorney’s fees and costs of litigation, and may be subjected to injunctive relief, the impounding and destruction of infringing copies and the implements used in their production, and, in proper cases, criminal prosecution carrying penalties of imprisonment and fine.

§ 8. Demand. In view of the foregoing, formal demand is hereby made upon you to, within ________ days from your receipt of this letter:

(a) immediately CEASE AND DESIST from any and all reproduction, distribution, public display, communication to the public, sale, offer for sale, and any other unauthorized use of the Work;

(b) remove, recall, and permanently destroy or deliver up to the Owner all infringing copies, materials, and articles in your possession or control;

(c) account for and remit all profits and revenues derived from your unauthorized use of the Work; and

(d) provide the Owner with written confirmation of your compliance with the foregoing.

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§ 10. Without Prejudice. This letter is sent without prejudice to, and shall not constitute, an admission of any fact or a waiver of any right by the Owner, and is intended to afford you the opportunity to amicably settle this matter before resort to litigation.

Govern yourself accordingly.

Very truly yours,

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Copyright Owner