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SENDING CEASE & DESIST (C&D) NOTICES FOR ALLEGED COPYRIGHT INFRINGEMENT

(U.S.)

Legal Disclaimer

The following content is provided for free use and was last updated May, 2015. Note that it is drafted specifically for tarot professionals. Nothing herein may be construed as legal advice or legal opinion. No attorney-client relationship is created by your use of the following content. IF A THIRD PARTY IS INFRINGING ON YOUR COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS, THEN YOU SHOULD CONTACT A LOCAL ATTORNEY WHO SPECIALIZES IN INTELLECTUAL PROPERTY LAW TO ADVISE YOU. Without knowing the specific fact pattern of your situation, there is no way to offer any proper counsel. The following content is for broad and general reference only and while you are certainly free to copy or use any of it in whole or in part without need for credit or attribution, prior to actual use, you should contact your attorney for counsel.

Contents

Template for a NOTICE OF COPYRIGHT INFRINGEMENT & DEMAND TO CEASE AND DESIST (Send directly to the alleged infringer.)

Template for a second notice, FINAL NOTICE OF COPYRIGHT INFRINGEMENT & SETTLEMENT OFFER (Send directly to the alleged infringer.)

Template for a § 512(c) DMCA NOTICE OF COPYRIGHT INFRINGEMENT TO THE DESIGNATED AGENT OF THE SERVICE PROVIDER (the service provider or web hosting company that is hosting the infringing website)

Case Studies: Three Case Studies with Sample Use of the Notices

NOTICE OF COPYRIGHT INFRINGEMENT & DEMAND TO CEASE AND DESIST

Re: [Your Site Name] Content Link: _______________________________________Infringing Website Link: _______________________________________

Dear __________________:

It has come to my attention that the following content published by me, [YOUR NAME OR NAME OF YOUR TAROT BUSINESS] at [WEBSITE URL OR PUBLICATION PLATFORM] (hereinafter “[Your Site Name] Content”) has been republished on your website without authorization: [DIRECT LINK OR DESCRIPTION OF INFRINGING CONTENT]. Please be advised that I hold the copyright /or/ am an authorized licensee of said Content.

Your unauthorized use of [Your Site Name] Content constitutes copyright infringement under Title 17 of the United States Code. You are hereby ordered to cease and desist from further infringement and should you fail to comply with the demands of this letter, [YOUR NAME OR NAME OF YOUR TAROT BUSINESS] will be entitled to legal recourse against you, such as but not limited to statutory damages of up to $150,000.000, any court costs and reasonable attorney’s fees, an injunction to prevent your use of [Your Site Name] Content, and the impounding and destruction of any works that are an infringement on my intellectual property rights. I will also be entitled to collect on any delinquent licensing fees due to me per the terms set forth herein.

In light of the foregoing, you are hereby ordered to comply with the following:

1. Cease and desist from publishing, distributing, or using [Your Site Name] Content before the close of business day on [Insert Deadline Date];

2. Reply to this letter with a written acknowledgement that you shall cease and desist from further unauthorized use of [Your Site Name] Content; and

3. Destroy and/or remove all unauthorized use of [Your Site Name] Content that is in your control, custody, or possession.

Should you fail to comply with the above three demands by [Insert Deadline Date], the failure shall be construed as an acceptance by you of a licensing agreement for the [Your Site Name] Content. My licensing terms are as follows: non-exclusive; a fee of $100.00 per month; fee payable in full by check to [YOUR NAME OR NAME OF YOUR TAROT BUSINESS] on or before the 15th day of each month of use; a 10% interest per annum charge for delinquent payments; and the license is revocable at-will any time by [Your Site Name]. Further failure to comply with our demands will result in first, the automatic incurrence of the licensing fees and second, legal action against you to the fullest extent permitted by law.

If I do not receive a response from you by [Insert Deadline Date] indicating your full compliance to our demands, then I shall have no choice but to refer your account to collections for the unpaid licensing fees and/or to my attorney to commence legal proceedings.

This letter is written without prejudice to my rights, all of which are hereby expressly reserved. Thank you and I anticipate your fullest cooperation.

Regards,[YOUR NAME OR NAME OF YOUR TAROT BUSINESS]

FINAL NOTICE OF COPYRIGHT INFRINGEMENT & SETTLEMENT OFFER

Re: [Your Site Name] Content Link: _______________________________________Infringing Website Link: _______________________________________Licensing Fees Owed: _______________________________________

Dear __________________:

I have given you prior notice that you are using licensed content belonging to [YOUR NAME OR NAME OF YOUR TAROT BUSINESS] and you have been fully apprised of the licensing terms should you fail to cease and desist from use of my content as set forth in my letter to you dated [DATE YOU SENT THE FIRST CEASE & DESIST NOTICE]. Even if you dispute the enforceability of a licensing agreement, you will be liable for damages as a result of your copyright infringement.

As of this writing, you owe a total of $_____________ in licensing fees, accounted as follows:

Month of Use Date Fee Due Amount Due Subtotal

$100.00

$100.00

$100.00

10% Interest Charge:

TOTAL DUE AND PAYABLE BEFORE [Insert Deadline Date]:

Please pay the above-listed amount by [Insert Deadline Date]. Contact [YOUR NAME OR NAME OF YOUR TAROT BUSINESS] immediately to arrange for payment. Otherwise further costs and damages may result and [YOUR NAME OR NAME OF YOUR TAROT BUSINESS] will have no choice but to escalate legal proceedings against you. Such actions may include the initiation of a lawsuit or other legal action against you, referral of your account to a collection agency that may then have an adverse effect on your credit, and any other measures afforded to [YOUR NAME OR NAME OF YOUR TAROT BUSINESS] under law. This letter is written without prejudice to my rights, all of which are hereby expressly reserved. Thank you and I anticipate your fullest cooperation.

Regards,[YOUR NAME OR NAME OF YOUR TAROT BUSINESS]

§ 512(c) DMCA NOTICE OF COPYRIGHT INFRINGEMENT TO THE DESIGNATED AGENT OF THE SERVICE PROVIDER

Re: [Your Site Name] Content Link: _______________________________________Infringing Website Link You Host: _______________________________________

Dear __________________ [WEBHOST]:

It has come to my attention that the following content published by me, [YOUR NAME OR NAME OF YOUR TAROT BUSINESS] at [WEBSITE URL OR PUBLICATION PLATFORM] (hereinafter “[Your Site Name] Content”) has been republished on a website hosted by you without my authorization: [DIRECT LINK OR DESCRIPTION OF INFRINGING CONTENT]. Please be advised that I hold the copyright /or/ am an authorized licensee of said Content.

The unauthorized use of [Your Site Name] Content constitutes copyright infringement under Title 17 of the United States Code. Specifically, this letter is a Notice of Infringement as authorized in 17 U.S. Code § 512(c). As the webhost or service provider for [Name of Infringing Site Hosted by the Webhost], you are hereby obliged to investigate my claim, cease and desist from further infringement and take down [Name of Infringing Site Hosted by the Webhost]’s webpage with the infringing [Your Site Name] Content. By law you are obligated to respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

It is my understanding that you are a designated agent of the service provider pursuant to § 512(c). If, however, this Notice should be addressed to another, please provide the name and contact information for the webhost’s designated agent. Should you require additional documentation and records of [Name of Infringing Site Hosted by the Webhost]’s infringement, please do not hesitate to e-mail me at [Your Email Address] and I will furnish the records to you promptly. This letter is written without prejudice to my rights, all of which are hereby expressly reserved. Thank you and I anticipate your fullest cooperation.

I, [YOUR NAME], the undersigned, am the true and exclusive owner of the aforementioned copyright /or/ am a person authorized by license to act on behalf of the owner of the aforementioned copyright. I hereby declare that I have a good faith belief that use of the [Your Site Name] Content as described herein in the manner complained of is not authorized by the copyright owner, its agent, or the law. I declare under penalty of perjury pursuant to the laws of the United States that all information provided herein is true and accurate, and that I am authorized to act on behalf of the owner of the copyright for [Your Site Name] Content.

Regards,

/s/ [ YOUR SIGNATURE ] [Your Full Name]

[YOUR NAME OR NAME OF YOUR TAROT BUSINESS]

Cc: [Name of Infringing Site Hosted by the Webhost]

(It’s always good practice to carbon copy the letter to the individual infringer as well.)

CASE STUDY #1Sample Use of the Notices - Photograph

Hypothetical Case

Jane Arcana is the proprietor of Terrific Tarot. Her business website is terrifictarot.com (fictional website and if that site actually exists, there is no relation between this hypothetical and the actual website). Jane published a blog post on her website with a photograph that she took herself. Here is the photograph:

The link to that blog post is terrifictarot.com/blog/everybodylovestarot.html (again, a fictional URL). On February 1, 2015, Jane discovers that Warren Pentacle, an aspiring tarot reader, has reproduced that photograph on his website, Razzle Readings, at razzlereadings.com/about/ with no credit attribution to Jane or her business Terrific Tarot. Jane further notices that Warren has had her photograph up on his site since January 15, 2015.

What Jane Decides to Do

First, Jane takes screenshots of the infringing webpage on Warren Pentacle’s website, Razzle Readings, and saves those screenshot image files with metadata that will preserve date and time. Every day thereafter, Jane will check Warren’s website to see if the infringing photograph is still up and if it is, she will take another screenshot and again, document the date and time taken.

Additionally, Jane locates Warren’s contact information, such as his e-mail address, [email protected]. She will then e-mail the following Demand to Cease and Desist letter to Warren:

(see next page)

Date: February 1, 2015To: Warren Pentacle, [email protected]: Jane Arcana, [email protected]: LEGAL NOTICE TO CEASE AND DESIST


Re: Terrific Tarot Content Link: terrifictarot.com/blog/everybodylovestarot.htmlInfringing Website Link: razzlereadings.com/about/

Dear Mr. Pentacle:

It has come to my attention that the following content published by me, Jane Arcana of Terrific Tarot, at terrifictarot.com/blog/everybodylovestarot.html (hereinafter “Terrific Tarot Content”) has been republished on your website without authorization: razzlereadings.com/about/. Please be advised that I hold the copyright of said Content.

Your unauthorized use of Terrific Tarot Content constitutes copyright infringement under Title 17 of the United States Code. You are hereby ordered to cease and desist from further infringement and should you fail to comply with the demands of this letter, Terrific Tarot will be entitled to legal recourse against you, such as but not limited to statutory damages of up to $150,000.000, any court costs and reasonable attorney’s fees, an injunction to prevent your use of Terrific Tarot Content, and the impounding and destruction of any works that are an infringement on my intellectual property rights. I will also be entitled to collect on any delinquent licensing fees due to me per the terms set forth herein.


1. Cease and desist from publishing, distributing, or using Terrific Tarot Content before the close of business day on FEBRUARY 5, 2015;

2. Reply to this letter with a written acknowledgement that you shall cease and desist from further unauthorized use of Terrific Tarot Content; and

3. Destroy and/or remove all unauthorized use of Terrific Tarot Content that is in your control, custody, or possession.

Should you fail to comply with the above three demands by FEBRUARY 5, 2015, the failure shall be construed as an acceptance by you of a licensing agreement for the Terrific Tarot Content. My licensing terms are as follows: non-exclusive; a fee of $100.00 per month; fee payable in full by check to Terrific Tarot, P.O. Box 123, Tarot City, California 98765 on or before the 15th day of each month of use; a 10% interest per annum charge for delinquent payments; and the license is revocable at-will any time by Terrific Tarot. Further failure to comply with our demands will result in first, the automatic incurrence of the licensing fees and second, legal action against you to

the fullest extent permitted by law.

If I do not receive a response from you by FEBRUARY 5, 2015 indicating your full compliance to our demands, then I shall have no choice but to refer your account to collections for the unpaid licensing fees and/or to my attorney to commence legal proceedings.


Regards,Jane Arcana

TERRIFIC TAROT

Again, Jane will be diligent and regularly check on Warren Pentacle’s website to see if the photograph is still up. If it is, she will take screen shots of the infringing page and document the images in her records. Now let’s say February 5 comes and goes and Jane does not hear from Warren Pentacle. On February 15, Jane sends a second e-mail to Warren, as follows:

Date: February 15, 2015To: Warren Pentacle, [email protected]: Jane Arcana, [email protected]: FINAL LEGAL NOTICE TO CEASE AND DESIST


Re: Terrific Tarot Content Link: terrifictarot.com/blog/everybodylovestarot.htmlInfringing Website Link: razzlereadings.com/about/Licensing Fees Owed: $ 210.00

Dear Mr. Pentacle:

I have given you prior notice that you are using licensed content belonging to Terrific Tarot and you have been fully apprised of the licensing terms should you fail to cease and desist from use of my content as set forth in my letter to you dated February 1, 2015. Even if you dispute the enforceability of a licensing agreement, you will be liable for damages as a result of your copyright infringement.

As of this writing, you owe a total of $210.00 in licensing fees, accounted as follows:


January, 2015 January 15, 2015 $100.00 $100.00

February, 2015 February 15, 2015 $100.00 $200.00

10% Interest Charge for January: $10.00 $210.00

TOTAL DUE AND PAYABLE BEFORE FEBRUARY 16: $210.00

Please pay the above-listed amount by FEBRUARY 16, 2015. Contact me immediately to arrange for payment. Otherwise further costs and damages may result and Terrific Tarot will have no choice but to escalate legal proceedings against you. Such actions may include the initiation of a lawsuit or other legal action against you, referral of your account to a collection agency that may then have an adverse effect on your credit, and any other measures afforded to Terrific Tarot under law.


Regards,Jane Arcana

TERRIFIC TAROT

If the copyright infringing persists, then Jane should consult with an attorney who specializes in intellectual property law to see what legal recourse she has against Warren Pentacle.

(I’m pretty sure I did the accounting above wrong. This is a hypo only. If you were really to send a notice like this out, please be diligent and make sure your math is right.)

CASE STUDY #2Sample Use of the Notices - Text

Hypothetical Case

Poor Jane is just not getting any breaks! Jane Arcana, as you already know, is the proprietor of Terrific Tarot. Her business website is terrifictarot.com and she publishes and distributes a monthly tarot newsletter called “Terrific Tarot Tidbits.” In her March, 2015 newsletter, she printed the following:

Greetings! I am Jane Arcana of Terrific Tarot and this month, let’s talk about Key 0 of the Major Arcana, The Fool. The Fool is the harbinger of new beginnings, and represents a life of unbound potential. This card is often associated with the trickster archetype, which in Jungian analysis corresponds with a catalyst for change, and one who thrives by unconventional means. The trickster is often found in mythology and human narratives, a character who exhibits a high degree of intellect or secret knowledge and uses it to defy convention. Many indigenous cultures believe the trickster to be the facilitator of sacred connections, and so The Fool is one who is essential to connections to the divine. Note the white sun in The Fool card of the Rider-Waite-Smith tarot deck. The white sun symbolizes the crown sephirot on the Kabbalistic Tree of Life, and signifies great potential and power. The white rose that the Fool holds in his hands is his innocence and purity, but is also believed to symbolize esotericism and secrets. The White dog is our loyal spirit guide companions on our destined life path. What do you see when you study the symbols on The Fool card?

Our nemesis Warren Pentacle is at it again! Say that on April 1, 2015, Warren Pentacle publishes a blog post on The Fool card and writes the following in his April 1, 2015 post:

In this post, I’d like to talk about Key 0 of the Major Arcana, The Fool. The Fool is the harbinger of new beginnings, and represents a life of unbound potential. This card is often associated with the trickster archetype, which in Jungian analysis corresponds with a catalyst for change, and one who thrives by unconventional means. The trickster is often found in mythology and human narratives, a character who exhibits a high degree of intellect or secret knowledge and uses it to defy convention. Many indigenous cultures believe the trickster to be the facilitator of sacred connections, and so The Fool is one who is essential to connections to the divine. Note the white sun in The Fool card of the Rider-Waite-Smith tarot deck. The white sun symbolizes the crown sephirot on the Kabbalistic Tree of Life, and signifies great potential and power. The white rose that the Fool holds in his hands is his innocence and purity, but is also believed to symbolize esotericism and secrets. The White dog is our loyal spirit guide companions on our destined life path. What do you see when you study the symbols on The Fool card?

The post is up at razzlereadings.com/blog/TheFool.


Again, Jane takes screenshots of the infringing webpage on Warren Pentacle’s website, Razzle Readings, and saves those screenshot image files with metadata that will preserve date and time. Every day thereafter, Jane will check Warren’s website to see if the infringing text is still up and if it is, she will take another screenshot and again, document the date and time taken. She might even want to get a third party buddy to check Warren’s website and note the copied material so that Jane has a witness. You never, ever know when you’ll need a witness to testify on your behalf.

Additionally, Jane e-mails the following Demand to Cease and Desist letter to Warren:

Date: April 9, 2015To: Warren Pentacle, [email protected]: Jane Arcana, [email protected]: LEGAL NOTICE TO CEASE AND DESIST


Re: Terrific Tarot Content Link: “Terrific Tarot Tidbits,” March 2015Infringing Website Link: razzlereadings.com/blog/TheFool

Dear Mr. Pentacle:

It has come to my attention that the following content published by me, Jane Arcana of Terrific Tarot, in my monthly newsletter “Terrific Tarot Tidbits,” specifically the March, 2015 edition (hereinafter “Terrific Tarot Content”) has been republished on your blog in your April 1, 2015 post:

“…talk about Key 0 of the Major Arcana, The Fool. The Fool is the harbinger of new beginnings, and represents a life of unbound potential. This card is often associated with the trickster archetype, . . . The White dog is our loyal spirit guide companions on our destined life path. What do you see when you study the symbols on The Fool card?”

Please be advised that I hold the copyright of said Content.

Your unauthorized use of Terrific Tarot Content constitutes copyright infringement under Title 17 of the United States Code. You are hereby ordered to cease and desist from further infringement and should you fail to comply with the demands of this letter, Terrific Tarot will be entitled to legal recourse against you, such as but not limited to statutory damages of up to $150,000.000, any court costs and reasonable attorney’s fees, an injunction to prevent your use of Terrific Tarot Content, and the impounding and destruction of any works that are an infringement on my

intellectual property rights. I will also be entitled to collect on any delinquent licensing fees due to me per the terms set forth herein.


1. Cease and desist from publishing, distributing, or using Terrific Tarot Content before the close of business day on APRIL 13, 2015;

2. Reply to this letter with a written acknowledgement that you shall cease and desist from further unauthorized use of Terrific Tarot Content; and

3. Destroy and/or remove all unauthorized use of Terrific Tarot Content that is in your control, custody, or possession.

Should you fail to comply with the above three demands by APRIL 13, 2015, the failure shall be construed as an acceptance by you of a licensing agreement for the Terrific Tarot Content. My licensing terms are as follows: non-exclusive; a fee of $100.00 per month; fee payable in full by check to Terrific Tarot, P.O. Box 123, Tarot City, California 98765 on or before the 15th day of each month of use; a 10% interest per annum charge for delinquent payments; and the license is revocable at-will any time by Terrific Tarot. Further failure to comply with our demands will result in first, the automatic incurrence of the licensing fees and second, legal action against you to the fullest extent permitted by law.

If I do not receive a response from you by APRIL 13, 2015 indicating your full compliance to our demands, then I shall have no choice but to refer your account to collections for the unpaid licensing fees and/or to my attorney to commence legal proceedings.


Regards,Jane Arcana

TERRIFIC TAROT

Again, Jane will be diligent and regularly check on Warren Pentacle’s website to see if the blog post is still up. If it is, she will take screen shots of the infringing page and document the images in her records.

(continued on next page)

Now let’s say April 15 comes and goes and Jane does not hear from Warren Pentacle. On April 16, Jane sends a second e-mail to Warren, as follows:

Date: April 15, 2015To: Warren Pentacle, [email protected]: Jane Arcana, [email protected]: FINAL LEGAL NOTICE TO CEASE AND DESIST


Re: Terrific Tarot Content Link: “Terrific Tarot Tidbits,” March 2015Infringing Website Link: razzlereadings.com/blog/TheFool

Dear Mr. Pentacle:

I have given you prior notice that you are using licensed content belonging to Terrific Tarot and you have been fully apprised of the licensing terms should you fail to cease and desist from use of my content as set forth in my letter to you dated April 9, 2015. Even if you dispute the enforceability of a licensing agreement, you will be liable for damages as a result of your copyright infringement.

As of this writing, you owe a total of $100.00 in licensing fees, accounted as follows:


April, 2015 April 15, 2015 $100.00 $100.00

10% Interest Charge for Late Payments: [Rights Reserved] $100.00

TOTAL DUE AND PAYABLE BEFORE APRIL 15, 2015: $100.00

Please pay the above-listed amount by APRIL 15, 2015, otherwise a 10% late charge will begin to toll. Contact me immediately to arrange for payment. If you ignore this letter, further costs and damages may result and Terrific Tarot will have no choice but to escalate legal proceedings against you. Such actions may include the initiation of a lawsuit or other legal action against you, referral of your account to a collection agency that may then have an adverse effect on your credit, and any other measures afforded to Terrific Tarot under law.


Regards,Jane Arcana

TERRIFIC TAROT

If the copyright infringing persists, then Jane should consult with an attorney who specializes in intellectual property law to see what legal recourse she has against Warren Pentacle.

CASE STUDY #3Sample Use of the Notices – Text (C&D Sent to Service Provider)

Hypothetical Case

Pretty much the same fact pattern as Case Study #2, only let’s say Jane Arcana posts her monthly newsletter on her website and the link to it is terrifictarot.com/newsletters/March2015 and furthermore, Jane is able to determine the webhost or service provider for Warren Pentacle’s site, Razzle Readings. Let’s say that Razzle Readings is being hosted by SwordPress.com, and Warren’s blog site address is razzlereadings.swordpress.com.


In addition to doing what Jane did in Case Study #2, Jane also sends a letter to SwordPress. She finds SwordPress’s contact information for their Designated Agent and sends them the following notice:

Date: April 9, 2015To: SwordPress.com, [email protected]: Jane Arcana, [email protected]: § 512(c) DMCA NOTICE OF COPYRIGHT INFRINGEMENT

§ 512(c) DMCA NOTICE OF COPYRIGHT INFRINGEMENTTO THE DESIGNATED AGENT OF THE SERVICE PROVIDER

Re: Terrific Tarot Content Link: terrifictarot.com/newsletters/March2015Infringing Website Link: razzlereadings.swordpress.com

Dear SwordPress:

It has come to my attention that the following content published by me, Jane Arcana of Terrific Tarot at terrifictarot.com/newsletters/March2015 (hereinafter “Terrific Tarot Content”) has been republished on a website hosted by you without my authorization: razzlereadings.swordpress.com, which is an infringing copy of content here: terrifictarot.com/newsletters/March2015. Please be advised that I hold the copyright of said Content.

The unauthorized use of Terrific Tarot Content constitutes copyright infringement under Title 17 of the United States Code. Specifically, this letter is a Notice of Infringement as authorized in 17 U.S. Code § 512(c). As the webhost or service provider for Razzle Readings, you are hereby obliged to investigate my claim, cease and desist from further infringement and take down Razzle

Reading’s webpage with the infringing Terrific Tarot Content. By law you are obligated to respond expeditiously to remove or disable access to the material that is claimed to be infringing or to be the subject of infringing activity.

It is my understanding that you are a designated agent of the service provider pursuant to § 512(c). If, however, this Notice should be addressed to another, please provide the name and contact information for the webhost’s designated agent.

Should you require additional documentation and records of Razzle Reading’s infringement, please do not hesitate to e-mail me at [email protected] and I will furnish the records to you promptly. This letter is written without prejudice to my rights, all of which are hereby expressly reserved. Thank you and I anticipate your fullest cooperation.

I, Jane Arcana of Terrific Tarot, the undersigned, am the true and exclusive owner of the aforementioned copyright. I hereby declare that I have a good faith belief that use of the Terrific Tarot Content as described herein in the manner complained of is not authorized by the copyright owner, its agent, or the law. I declare under penalty of perjury pursuant to the laws of the United States that all information provided herein is true and accurate, and that I am authorized to act on behalf of the owner of the copyright for Terrific Tarot Content.

Regards,/s/ Jane Arcana

Jane ArcanaTERRIFIC TAROT

Cc: Warren Pentacle, Razzle Readings

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