A copyright infringement notice — commonly called a cease and desist letter — is a formal written communication sent by a copyright owner (or their advocate) to a person or entity that is using their copyrighted work without authorisation. It demands that the infringing use stop immediately and may also demand removal of the infringing content, an account of profits and compensation.
A well-drafted copyright infringement notice achieves several things: it puts the infringer on formal notice (removing any defence of innocent infringement), creates a documented record useful in subsequent legal proceedings, and often resolves the infringement without costly court proceedings.
⚠ Before you send a notice: Confirm that (a) you actually own the copyright or have an exclusive licence, (b) the use is genuinely unauthorised — not covered by a licence, fair dealing or another exception, and (c) the work is still within the copyright protection period. Sending an unwarranted notice can itself create legal liability.
Online Copyright Infringement: Platform Takedown Procedures
For online infringement, the fastest remedy is usually a platform takedown notice rather than a legal notice to the infringer directly:
YouTube: File a copyright removal request through YouTube's Copyright Complaint Form at youtube.com/copyright. Specify the infringing video URL, describe your copyrighted work and certify ownership. YouTube typically processes valid takedown notices within 24–48 hours.
Instagram / Meta: Use Meta's Intellectual Property Report form at facebook.com/help/contact/1409697672616381. Report infringing posts, Reels or Stories for rapid review and removal.
Amazon / Flipkart: For infringing product images or descriptions, use the platform's Brand Registry or IP complaint tools. Amazon's Brand Registry allows brand owners and copyright holders to report infringing listings.
Website Hosting Provider: If the infringing content is on a website, identify the hosting provider via a WHOIS lookup and send a takedown notice to their designated copyright agent.
How to Draft a Copyright Infringement Notice
A formal copyright infringement notice (physical or email) to the infringer should contain:
- Sender identification — Full name and address of the copyright owner or their authorised advocate.
- Description of the copyrighted work — Title, type (photograph, article, software, song, etc.), date of creation, and registration number if registered.
- Proof of ownership — How you own the copyright (author, employer, assignee). Attach registration certificate if available.
- Description of the infringing act — Exactly what the infringer has done, with URLs, screenshots and dates.
- Demand — Immediate cessation of use, removal of infringing content from all platforms, destruction of infringing copies, written confirmation of compliance, and compensation.
- Deadline — A specific deadline, typically 7–15 days for online infringement, 15–30 days for physical infringement.
- Legal consequences — Statement that failure to comply will result in civil suit (injunction, damages, costs) and potentially criminal complaint under Section 63 of the Copyright Act.
- Signature — Signed by the copyright owner or their advocate.
What to Do If the Infringer Does Not Respond
- File a civil suit — In the District Court or High Court for an injunction and damages under the Copyright Act 1957.
- Apply for an urgent injunction — If the infringement is ongoing and causing immediate harm, apply for an interim or ad-interim injunction to stop it immediately while the suit is pending.
- File a criminal complaint — Under Section 63 of the Copyright Act, file a complaint with the police. Criminal cases carry imprisonment of 6 months to 3 years and fines.
Common Mistakes to Avoid
- Not documenting the infringement first — Always take screenshots, download copies and document the infringement before sending the notice. Infringers often remove evidence once they receive it.
- Not checking your own ownership — If you commissioned the work from a freelancer without an assignment clause, you may not own the copyright. Sending a notice in that situation can backfire.
- Sending the notice too aggressively — An overly threatening first notice can cause the infringer to lawyer up immediately rather than comply. A firm but professional tone is more effective.
- Ignoring platform takedowns — For online infringement, filing a platform takedown simultaneously with or even before the legal notice is often faster and more effective.
Cost and Timeline
A professional cease and desist letter from an IP advocate typically costs ₹5,000–₹25,000 depending on complexity. Platform takedown notices can be filed for free but require careful preparation. If the matter proceeds to court, budget for court filing fees, advocate fees and the time required — ranging from days (urgent injunctions) to years (full trials).
For assistance drafting and sending a copyright infringement notice, view our Infringement Notice service →
Need to Send a Copyright Infringement Notice?
Adv. Nikhil Soni drafts and sends copyright cease and desist notices, handles platform takedowns, and files urgent injunction applications for copyright infringement across India.