Slashdot Mirror

← Back to Stories (view on slashdot.org)

How Not to Write a Cease-and-Desist Letter

Posted by ScuttleMonkey on from the love-seeing-bullies-get-bullied dept.

In our overly litigious society it seems that many companies are all too happy to fire off a cease-and-desist letter if they see something they don't like. Many times these letters end up online just causing further embarrassment for the company. One such company has decided to try scaring their targets out of this response by including a copyright notice for their cease-and-desist letter. Public Citizen has fielded one of these dumb letters and has invited them to try to assert their cease-and-desist copyright (which isn't even registered).

6 of 235 comments (clear)

  1. Good idea / bad idea by networkBoy · · Score: 5, Informative

    How to get bad press: http://farmersreallysucks.com/editorialtakedown1.shtml
    How to get *good* press: http://farmersreallysucks.com/editorialgetafirstlife.shtml
    -nB

    --
    whois gawk date unzip strip find touch finger mount join nice man top fsck grep eject more yes exit umount sleep dump
  2. Copyright registration by bnisonger · · Score: 5, Informative

    There is no registration or notice requirement anymore to assert copyright.

    1. Re:Copyright registration by cfulmer · · Score: 5, Informative

      Well... You are quite right that you do not need to register a work in order to have a copyright on it (at least in the U.S.). But, you can't sue somebody for infringement unless you've registered the original work. You can register after the infringement and then sue, but you still have to register.

    2. Re:Copyright registration by hal9000(jr) · · Score: 5, Informative

      From the US Copyright office FAQ on registration http://www.copyright.gov/help/faq/faq-general.html#register:

      When is my work protected?
      Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

      Do I have to register with your office to be protected?
      No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section "Copyright Registration."

      Why should I register my work if copyright protection is automatic?
      Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section "Copyright Registration" and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

      I've heard about a "poor man's copyright." What is it?
      The practice of sending a copy of your own work to yourself is sometimes called a "poor man's copyright." There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration [ephasis added by me].

      so the mailing it to yourself adds no special protection.

    3. Re:Copyright registration by belmolis · · Score: 5, Informative

      Copyright is copyright. One copyright is not stronger than another copyright.

      The only difference between a registered and unregistered copyright is the burden of proof.

      Sorry, this is wrong. Registration of the copyright provides a number of advantages, which are summarized here by the Copyright Office. Among them is that, if the copyright is registered within three months of publication or prior to infringement, statutory damages and attorney's fees may be obtained. If not, only actual damages may be recovered by the copyright owner. In the case of a letter such as this, which has no commercial value, actual damages would be zero, so the failure to register the letter effectively eliminates any financial recovery. (Of course, the author of the letter is unlikely to succeed in the threatened suit since this is an absolutely classic case of Fair use.)

  3. Re:Copyright by Baricom · · Score: 5, Informative

    That's true, but in the U.S., if you don't register, you cannot bring suit, and if you register late, you can only claim actual damages (as in, how much money you lost because somebody copied your work), not statutory damages (where the $100,000+ liability figures come from), and you cannot claim attorney's fees.

    Note: I am not an attorney. I used http://www.publaw.com/advantage.html as my source.