[Law Firm Letterhead]
[Law Firm Name]
[Address]
[City, State ZIP]
[Telephone] | [Email]
[Date]
VIA EMAIL AND COURIER
[Recipient/Company Name]
[Address]
[City, State ZIP]
[Email]
Re: Notice of Copyright Infringement and Demand to Cease and Desist — “静夜漫游” (Jìng Yè Mànyóu) (the “Work”)
Dear [Recipient]:
We represent [Rightsholder/Company Name] (“Rightsholder”), the owner and/or exclusive licensee of all rights in and to the copyrighted musical composition titled “静夜漫游” (Jìng Yè Mànyóu) (the “Composition”) and the associated copyrighted sound recording (the “Master,” and together with the Composition, the “Work”). Rightsholder’s rights include, without limitation, the exclusive rights of reproduction, distribution, public performance, public display, synchronization, and the preparation of derivative works pursuant to 17 U.S.C. § 106 and applicable international conventions. Where applicable, the author’s moral rights (including the rights of attribution and integrity) are also reserved.
Ownership and Registration
- Composition: “静夜漫游” (Jìng Yè Mànyóu)
Author/Composer: [Name]
Publisher/Administrator: [Publisher]
ISWC: [ISWC, if available]
Copyright Registration: [U.S. Reg. No. and year] (or foreign registration)
- Master Recording: “静夜漫游” (Jìng Yè Mànyóu)
Performing Artist: [Artist]
Label/Master Owner: [Label/Owner]
ISRC: [ISRC, if available]
Copyright Registration: [U.S. Reg. No. and year] (or foreign registration)
Unauthorised Uses
Rightsholder has identified your unauthorized use and exploitation of the Work, including without limitation:
- Reproduction and digital distribution of the Master and/or Composition on [platform/website/app], at [URL(s)], first observed on or about [date(s)];
- Public performance/streaming of the Work via [service/channel], including [URL/channel/account handle], on or about [date(s)];
- Synchronization of the Work with audiovisual content (without a synchronization license), including [video title/URL], uploaded or disseminated on or about [date(s)];
- Creation and distribution of derivative works incorporating the Work, including [description/URL], on or about [date(s)].
To Rightsholder’s knowledge, you have not obtained, and do not possess, any valid license or authorization for the foregoing uses from Rightsholder, its publisher/administrator, or its label/master owner. Your conduct infringes Rightsholder’s exclusive rights under the Copyright Act, 17 U.S.C. §§ 101 et seq., including § 106 and § 501. If any copyright management information (e.g., credits, metadata, watermarks) has been removed or altered, such conduct further violates 17 U.S.C. § 1202. If technological measures protecting the Work have been circumvented, such conduct violates 17 U.S.C. § 1201. Your actions also violate equivalent provisions under applicable foreign laws and the Berne Convention.
Demand to Cease and Desist; Preservation; Accounting
Accordingly, Rightsholder hereby demands that you:
1) Immediately cease and desist from any and all use, reproduction, distribution, public performance, communication to the public, synchronization, and creation of derivative works of the Work (Composition and Master), in any medium and territory.
2) Within 48 hours of receipt of this letter, remove, disable access to, and take down all infringing content incorporating the Work, including without limitation at the URLs and services identified above and any mirrors, posts, or re-uploads under your control or direction.
3) Implement a litigation hold and preserve all documents, files, metadata, accounting records, communications, and data (including server logs, upload logs, advertising reports, social media messages, and analytics) relating to the Work and the infringing uses.
4) Within 7 days, provide a full written accounting of all uses made of the Work, including dates, platforms, territories, the number of streams/views/downloads, revenue received (advertising, subscription, sponsorship, platform payouts, or other), and identification of all third parties who have received, hosted, monetized, or assisted in exploiting the Work.
5) Identify the source(s) from which you obtained copies of the Work and any persons or entities with whom you have shared or to whom you have supplied the Work.
6) Provide written assurances, signed by an authorized officer, confirming your compliance with the foregoing demands and undertaking not to engage in any further use of the Work.
7) Deliver up or permanently delete all copies of the Work in your possession, custody, or control that are not necessary to comply with preservation obligations.
Remedies and Notice
Please be advised that Rightsholder reserves all rights and remedies. These include, without limitation:
- Injunctive relief, impoundment, and destruction under 17 U.S.C. §§ 502–503;
- Actual damages and any additional profits attributable to the infringement, or statutory damages of up to $150,000 per infringed work for willful infringement under 17 U.S.C. § 504, together with costs and attorneys’ fees under § 505;
- Remedies for violations of 17 U.S.C. §§ 1201–1203 if technological protection measures were circumvented or copyright management information was removed or altered;
- All other relief available at law or in equity in relevant jurisdictions.
Nothing herein constitutes an offer of any license. If you wish to propose terms for a retroactive license and settlement, submit a written proposal with complete usage and revenue details within 7 days; any consideration of licensing is without prejudice and must be memorialized in a signed written agreement by Rightsholder to be effective.
Service Providers and DMCA
If you are a service provider hosting or transmitting the infringing material, consider this letter formal notice of claimed infringement. In addition, Rightsholder may proceed with DMCA notifications under 17 U.S.C. § 512 to you and any relevant service providers and platforms without further notice.
Deadline
Unless we receive written confirmation of full compliance with the demands in items (1)–(7) within the timeframes specified above, Rightsholder will proceed to enforce its rights without further notice.
Please direct all communications regarding this matter to the undersigned.
Sincerely,
[Attorney Name]
[Title], [Law Firm Name]
Counsel for [Rightsholder/Company Name]
[Telephone]
[Email]
Annex A — DMCA Takedown Notice (if applicable)
1) Signature: I, the undersigned, am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. [Electronic or physical signature]
2) Identification of copyrighted work claimed to have been infringed: “静夜漫游” (Jìng Yè Mànyóu) — Composition and Master, owned and/or controlled by [Rightsholder], Reg. Nos.: [if available], ISWC/ISRC: [if available].
3) Identification of infringing material and its location: [Provide specific URLs, timestamps for audiovisual works, file names, and any identifiers sufficient to locate the material].
4) Contact information of complaining party: [Name, Title, Firm, Address, Phone, Email].
5) Statement of good-faith belief: I have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6) Statement under penalty of perjury: The information in this notification is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
