In today's technological world, many artists -- especially bands -- have taken to publishing their material online. With Facebook, YouTube, ReverbNation, and countless other places to reach new audiences, your music is in more jeopardy of being pirated than ever before. If you've copyrighted your material, you have the legal right to bring the offender to trial for improperly using your work without your permission -- but taking someone to court requires legal fees, not to mention a significant draw on your time. What if you don't think the improper use is worth your investment in a lawsuit? You may not wish to sue for damages; you may just want them to stop using your music. Luckily, you can notify the offender that you're hip to their copyright infringement and avoid hefty legal fees in the process by sending a simple Cease and Desist letter.
You may have heard of Cease and Desist letters used in cases of harassment or slander. What you might not know is that the same principle can be applied to copyright piracy. True, a Cease and Desist letter is no substitute for suing someone for damages, but they can be remarkably effective.
A Cease and Desist letter typically contains the following:
Copyright information showing you to be the legal owner of the material Specific infringement taking place (the website you found your song on, for instance) Demand for the material to be taken down Threat of legal action if your letter is ignoredThe beauty of the Cease and Desist letter is in the last bullet point. You may not have any intention of suing anyone over the use of your work -- but those responsible for the copyright infringement don't know that. What they do know is that they've been found out; you're now challenging them on something they've been doing successfully, up until now, under the radar. Now that they know you're onto them, they may decide the risk of a potential legal entanglement is not one they are willing to take. Or, if you're of a mind to give them the benefit of the doubt, they may not have realized that their use was infringement in any way. Your Cease and Desist letter unequivocally informs them of their misstep.
Sometimes all it takes it letting someone know you're serious about your work. Sending a Cease and Desist letter costs you next to nothing; the recipient has no way of knowing if you're bluffing, and if they gamble on your intentions, they could be making a very, very costly mistake.
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