Wednesday, 9 September 2015

Defending a cease and desist letter

Plaintiff lawyers need to be paid for their trouble. The ten thousand they are demand goes in part to the lawyers.

Under most copyright regime, infringer is not liable if he has no reason to believe that he was infringing.  This is how an infringer would respond -

We act for ABC company

We refer to your letter of x.

With regard to the alleged copyright infringement in the photographs referred to in your letter (Disputed Photographs), you have not asserted ownership to copyright in the same.

Needless to say, it is important for our client to verify the rightful copyright owner in these photographs since our client relied on a third party to prepare the presentation with these photographs and had no reason to suspect that copyright in same would be subject to a third party claim.

In the interest of a quick resolution to this matter and without any admission to liability, our client will cease further use of the Disputed Photographs.  This is in no way an admission to your client's claim but purely out of commercial expediency that our client would do so.

Our client's rights are reserved.

No comments:

Post a Comment