How to Penalize the Unlawful Use of Your Music
Find contact information., Format your letter., Describe the music used., State that you don't consent to the use., Provide a deadline for response., Mail your letter.
Step-by-Step Guide
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Step 1: Find contact information.
Before you can engage the person or company unlawfully using your music, you must first determine who the responsible party is and how you can get in touch with them.
In some cases, this can be a fairly difficult endeavor.If the unlawful use is taking place online, look for a name or contact information associated with the owner of the website itself.
The website's WhoIs information can let you know who registered the domain.
When you find contact information, you may want to call and make sure that's the right place to send your letter.
You want your letter to be received by the person who is responsible for the unlawful use.
If your music is being used by a store or business, you can find out the appropriate contact information by searching the secretary of state's business directory in the state where the business is located.
Make sure you have the name of a specific person to whom you'll address your letter – don't send it to the business generally, or to a job title. -
Step 2: Format your letter.
You can search online for templates to use for your cease and desist letter, although no formal legal language is required.
A straightforward letter using the business letter format on your word processing application will suffice.Maintain a courteous and professional tone, and stick to the facts.
Keep your letter as brief as possible, using a basic three-paragraph format.
Your first paragraph should introduce yourself and explain why you're writing.
In the second you'll describe the infringing use, and in the third you'll tell them what you want to do about it.
If you would feel more comfortable, you can get an intellectual property attorney to draft your cease and desist letter for you.
Sometimes a letter from an attorney carries a bit more weight, especially if you're threatening legal action. , Your letter should list specifically the songs or compositions that were unlawfully used, along with the ways in which they were used.
Provide enough detail that the person receiving the letter can easily identify the infringing music.Provide the title of the songs or of the album that's being used unlawfully.
If there are any other descriptive points that you could use, include those as well.
You may want to include the date the music was created or recorded, if it has any bearing on the person's unlawful use.
This may be particularly important if the music was recorded but not yet released to the public, and the person "leaked" it before you had the chance to offer it for sale.
Include as much detail as you have on the use.
For example, if the person posted your tracks on a blog, include the dates those blogs were posted and any additional content included.
If a store or restaurant was unlawfully playing your music, include the dates and times you heard the music being played.
If your music was used as a soundtrack accompanying someone else's commercial or video, you want to note the specific time in the video when the song is heard along with a description of the scene it accompanies. , Let the person know that this music is being used without your consent, and that for that reason you request they stop using it immediately.
If you are open to working out a licensing arrangement whereby they can continue to use your music, you should mention that here.Copyrighted material cannot be used without the consent of the copyright holder.
If you own the copyright in your music and don't consent to someone's use, that use is copyright infringement by definition.
Keep in mind that in some cases, the person may think they had the right to use your music when in fact they did not.
This does not change the fact that their use is infringing – intent has no role in determining whether a use is infringing – but someone who unintentionally infringed your copyright may be more open to working with you than someone who willfully used your music unlawfully.
For example, a small business may have hired a production company to make a commercial for them without realizing that the company had not cleared the use of your music in the commercial.
Offer to enter into a license agreement that would allow them to continue to use your music lawfully.
You may want to discuss this matter with an intellectual property attorney, but in the meantime you can at least float the idea in your email that you are open to this possibility. , Give the person a specific time to respond, typically a week or two after receipt of your letter, and let them know what consequences will follow if they fail to act as you've requested.Let them know how they should respond, and give them the means to do so.
For example, if you want them to mail you a written response, you need to note your address here.
If you're okay with phone or email, give them the necessary contact information.
Even if you're printing your letter on a piece of letterhead that includes this information, you still should include it here.
You want there to be some consequence tied to failure to respond, but don't make threats you have no intention of carrying out.
If you haven't yet decided what your next step will be, say something vague like "If I don't hear from you within two weeks of receipt of this letter, I won't hesitate to take further legal action to resolve this matter."
To have full legal force and ensure you've set a firm deadline, send your letter using certified mail with returned receipt requested so you'll know when your letter has been accepted by the person or company unlawfully using your music.When you print and sign your letter, make at least one copy of the signed letter for your records.
When you get back the green card notifying you the letter has been received, file it along with your copy of the letter.
Mark the deadline you set in the letter on your calendar.
If you don't hear anything from the other party by that date, you'll have to commence the actions you described in your letter if you want to penalize the unlawful use of your music. -
Step 3: Describe the music used.
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Step 4: State that you don't consent to the use.
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Step 5: Provide a deadline for response.
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Step 6: Mail your letter.
Detailed Guide
Before you can engage the person or company unlawfully using your music, you must first determine who the responsible party is and how you can get in touch with them.
In some cases, this can be a fairly difficult endeavor.If the unlawful use is taking place online, look for a name or contact information associated with the owner of the website itself.
The website's WhoIs information can let you know who registered the domain.
When you find contact information, you may want to call and make sure that's the right place to send your letter.
You want your letter to be received by the person who is responsible for the unlawful use.
If your music is being used by a store or business, you can find out the appropriate contact information by searching the secretary of state's business directory in the state where the business is located.
Make sure you have the name of a specific person to whom you'll address your letter – don't send it to the business generally, or to a job title.
You can search online for templates to use for your cease and desist letter, although no formal legal language is required.
A straightforward letter using the business letter format on your word processing application will suffice.Maintain a courteous and professional tone, and stick to the facts.
Keep your letter as brief as possible, using a basic three-paragraph format.
Your first paragraph should introduce yourself and explain why you're writing.
In the second you'll describe the infringing use, and in the third you'll tell them what you want to do about it.
If you would feel more comfortable, you can get an intellectual property attorney to draft your cease and desist letter for you.
Sometimes a letter from an attorney carries a bit more weight, especially if you're threatening legal action. , Your letter should list specifically the songs or compositions that were unlawfully used, along with the ways in which they were used.
Provide enough detail that the person receiving the letter can easily identify the infringing music.Provide the title of the songs or of the album that's being used unlawfully.
If there are any other descriptive points that you could use, include those as well.
You may want to include the date the music was created or recorded, if it has any bearing on the person's unlawful use.
This may be particularly important if the music was recorded but not yet released to the public, and the person "leaked" it before you had the chance to offer it for sale.
Include as much detail as you have on the use.
For example, if the person posted your tracks on a blog, include the dates those blogs were posted and any additional content included.
If a store or restaurant was unlawfully playing your music, include the dates and times you heard the music being played.
If your music was used as a soundtrack accompanying someone else's commercial or video, you want to note the specific time in the video when the song is heard along with a description of the scene it accompanies. , Let the person know that this music is being used without your consent, and that for that reason you request they stop using it immediately.
If you are open to working out a licensing arrangement whereby they can continue to use your music, you should mention that here.Copyrighted material cannot be used without the consent of the copyright holder.
If you own the copyright in your music and don't consent to someone's use, that use is copyright infringement by definition.
Keep in mind that in some cases, the person may think they had the right to use your music when in fact they did not.
This does not change the fact that their use is infringing – intent has no role in determining whether a use is infringing – but someone who unintentionally infringed your copyright may be more open to working with you than someone who willfully used your music unlawfully.
For example, a small business may have hired a production company to make a commercial for them without realizing that the company had not cleared the use of your music in the commercial.
Offer to enter into a license agreement that would allow them to continue to use your music lawfully.
You may want to discuss this matter with an intellectual property attorney, but in the meantime you can at least float the idea in your email that you are open to this possibility. , Give the person a specific time to respond, typically a week or two after receipt of your letter, and let them know what consequences will follow if they fail to act as you've requested.Let them know how they should respond, and give them the means to do so.
For example, if you want them to mail you a written response, you need to note your address here.
If you're okay with phone or email, give them the necessary contact information.
Even if you're printing your letter on a piece of letterhead that includes this information, you still should include it here.
You want there to be some consequence tied to failure to respond, but don't make threats you have no intention of carrying out.
If you haven't yet decided what your next step will be, say something vague like "If I don't hear from you within two weeks of receipt of this letter, I won't hesitate to take further legal action to resolve this matter."
To have full legal force and ensure you've set a firm deadline, send your letter using certified mail with returned receipt requested so you'll know when your letter has been accepted by the person or company unlawfully using your music.When you print and sign your letter, make at least one copy of the signed letter for your records.
When you get back the green card notifying you the letter has been received, file it along with your copy of the letter.
Mark the deadline you set in the letter on your calendar.
If you don't hear anything from the other party by that date, you'll have to commence the actions you described in your letter if you want to penalize the unlawful use of your music.
About the Author
Jason Reyes
Specializes in breaking down complex hobbies topics into simple steps.
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