Copyright Infringement Demand Letter Template for Australia

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Copyright Infringement Demand Letter

"I need a Copyright Infringement Demand Letter to address the unauthorized use of my company's software code by a competitor in Sydney, demanding immediate cessation of use and requesting written confirmation of compliance by March 15, 2025."

Document background
The Copyright Infringement Demand Letter is a critical tool in Australian intellectual property protection, serving as a formal notice to alleged infringers before initiating legal proceedings. This document is typically used when there is clear evidence of unauthorized use of copyrighted material and attempts at informal resolution have been unsuccessful or are deemed inappropriate. The letter must comply with Australian legal requirements, particularly the Copyright Act 1968 and related regulations, and should contain specific details about the copyright ownership, nature of the infringement, and demanded remedies. It's essential in establishing a paper trail for potential court proceedings and demonstrating the copyright holder's diligence in protecting their rights. The document can be used across various industries where intellectual property protection is crucial, from creative arts to technology sectors.
Suggested Sections

1. Letterhead and Date: Professional letterhead including sender's details, recipient's details, and date

2. Copyright Ownership Statement: Clear statement of ownership of the copyrighted work(s) and registration details if applicable

3. Description of Infringement: Detailed description of the specific infringing acts, including dates, locations, and nature of the infringement

4. Legal Basis: Reference to relevant sections of the Copyright Act 1968 and other applicable laws that have been breached

5. Demand Statement: Clear articulation of demands, including cease and desist, removal of infringing content, and/or compensation

6. Deadline for Response: Specific timeframe for the recipient to respond or comply with demands

7. Consequences of Non-Compliance: Statement of legal actions that may be taken if demands are not met

8. Closing and Signature: Professional closing, signature block, and legal representative details if applicable

Optional Sections

1. Previous Communications: Reference to any prior attempts to resolve the matter, used when there has been previous correspondence

2. Undertakings Required: Specific written commitments requested from the infringer, used in more serious cases or repeat infringements

3. Without Prejudice Save as to Costs: Legal protection statement, used when including settlement offers or negotiations

4. Reservation of Rights: Statement preserving additional legal rights, used in complex cases or when future actions may be necessary

5. Settlement Terms: Proposed settlement conditions, used when offering to resolve the matter without court proceedings

Suggested Schedules

1. Evidence of Copyright Ownership: Copies of copyright registrations, original work documentation, or other proof of ownership

2. Evidence of Infringement: Screenshots, copies, or other documentation of the infringing material or activity

3. Calculation of Damages: Detailed breakdown of claimed financial losses or statutory damages, if applicable

4. Draft Undertaking: Template of written undertakings requested from the recipient

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant Industries

Media and Entertainment

Publishing

Software and Technology

Fashion and Design

Advertising and Marketing

Education and Training

Music Industry

Film and Television

Photography

Gaming Industry

Arts and Culture

Digital Content Creation

Relevant Teams

Legal

Intellectual Property

Compliance

Content Protection

Brand Protection

Creative Services

Digital Rights Management

Corporate Affairs

Risk Management

Relevant Roles

Intellectual Property Lawyer

Legal Counsel

Copyright Officer

Content Protection Manager

Creative Director

Business Owner

CEO

Managing Director

IP Rights Manager

Brand Protection Specialist

Legal Operations Manager

Compliance Officer

Digital Rights Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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