Intellectual Property

Copyright Infringement Cease and Desist Notice Format

A copyright cease and desist notice demands that a person or business stop reproducing, publishing or selling your original work — text, photographs, software, music, video or designs — without permission, remove existing copies, and account for profits. It relies on the Copyright Act, 1957 and is often paired with a takedown request to the platform hosting the content.

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When to send this notice

Use this notice when your work has been copied onto a website, app, social channel, marketplace listing, course or product without a licence, or a former contractor or licensee keeps using it after the licence ended. Copyright exists automatically on creation, so registration is not required to send a notice, though a registration certificate is useful evidence.

Statutory basis

Under Section 14 of the Copyright Act, 1957 the owner has exclusive rights to reproduce, publish, adapt and communicate the work; Section 51 makes unauthorised exercise of those rights infringement, and Section 52 lists fair-dealing and other exceptions the recipient may raise. Section 55 provides civil remedies — injunction, damages and accounts — and Section 63 makes knowing infringement an offence punishable with imprisonment and fine. Section 62 allows suit where the owner resides or carries on business. Ownership rules in Section 17 matter: works made by employees in the course of employment usually belong to the employer, while commissioned works may need a written assignment under Section 19. Section 60 provides a remedy against groundless threats. For online content, intermediaries act on notices under Section 79 of the Information Technology Act, 2000 and the IT Rules, 2021.

This format is a general drafting aid, not legal advice. Statutory timelines and wording vary by facts and jurisdiction — have it reviewed by a qualified advocate before you send it.
Copy-ready notice format
[ON THE LETTERHEAD OF THE ADVOCATE]

By Registered Post A/D, Courier & Email

Date: [DD/MM/YYYY]

To,
[Name of Infringing Party]
[Address / Email]

Subject: Cease and desist notice for infringement of copyright in "[Title of Work]".

Sir/Madam,

Under instructions from my client, [Owner Name], of [Address], I serve upon you the following notice:

1. That my client is the author and owner of copyright in the original [literary / artistic / photographic / software / audiovisual] work titled "[Title of Work]", created and first published on [DD/MM/YYYY] at [URL / publication], [and registered with the Copyright Office under No. ___].

2. That it has come to my client's notice that you have, without licence or consent, [reproduced / published / uploaded / sold / adapted] the said work or substantial parts of it at [URLs / product names / locations], as shown in the enclosed comparison and dated screenshots.

3. That such acts infringe my client's exclusive rights under Section 14 and constitute infringement under Section 51 of the Copyright Act, 1957, and are not covered by any exception under Section 52.

I therefore call upon you, within seven (7) days of receipt of this notice, to:
   (a) cease all use of the work and remove it from [the URLs / platforms / products listed];
   (b) destroy or deliver up all infringing copies in your possession;
   (c) disclose the extent of use and revenue earned from it, and pay compensation of Rs. [___] / a licence fee to be agreed; and
   (d) furnish a written undertaking not to use my client's work in future without a licence.

If you fail to comply, my client shall initiate civil proceedings for injunction, damages and accounts under Section 55 of the Act, request the relevant intermediaries to remove the content, and pursue such other remedies as are available in law, without further notice.

All rights of my client are reserved.

[Advocate Name]
[Enrolment No. / Contact]

Replace every [placeholder] with your own details before use.

How to send this legal notice

From draft to proof of delivery and the next legal step.

  1. Establish ownership: creation date, drafts, source files, publication proof, and any assignment from employees or freelancers.

  2. Capture the infringement with dated screenshots, archived pages, purchases or downloads.

  3. Check whether the use might fall within fair dealing or an existing licence.

  4. Send the notice to the infringer and, in parallel, a takedown notice to the hosting platform or marketplace.

  5. Track removal and any counter-claim, and keep copies of all correspondence.

  6. If infringement continues, file a suit for injunction and damages (commercial-court rules may apply).

Frequently asked questions

Do I need copyright registration to send a notice?

No. Copyright arises automatically on creation of an original work. Registration under the Copyright Act is optional but its certificate is prima facie evidence of the particulars entered.

Who owns work made by a freelancer?

Generally the freelancer, unless there is a written assignment in your favour. For employees, works made in the course of employment usually belong to the employer under Section 17, subject to contract.

How do I get copied content removed from a website or app?

Send a takedown notice to the hosting platform, marketplace or app store using its grievance process, identifying the work and the infringing URLs. Platforms act as intermediaries under the IT Act and its rules.

Related notice formats

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