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3/28: Israel adopts US-style ?fair use? Jonathan Band, oft-time consultant for the American Library Association, wrote a short editorial???????? ????? ???????? in the Jerusalem Post, lauding Israel’s recent adoption of a ... [more]

2/12: Rowling sues over encyclopedia J.K. Rowling is suing over publication of a Harry Potter encyclopedia. The NYT info loan message payday postinternet payday loanapplication loan online paydaybad credit faxless ... [more]

2/05: Online Service Providers and Takedown Notices We have just completed a new report on online service providers (Intellectual Property and Free Speech in the Online World). We spoke with representatives of ... [more]

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Highlighted Resources

Fair Use Reference Guide 1.0
  » Table of Contents
  » Download the PDF

  » Copyright 101
  » Fair Use
  » Cease and Desist 101
  » DMCA § 512 Takedowns

Will Fair Use Survive?

Intellectual Property and Free Speech in the Online World (a report about online service providers and takedown notices)

'Cease and Desist!':
a guide to assessing & responding to cease and desist letters

Step 2. Understanding legal claims in cease and desist letters.

Any analysis of a cease and desist letter should include close attention to the actual legal claims that the sender is making. See the glossary for explanations of what particular legal terms actually mean.

A letter that makes many different legal claims is not necessarily any stronger than a letter that makes only one: attorneys and rightsholders often draft "kitchen sink" letters, throwing in as many claims as they can come up with. Often, cease and desist letters include both copyright and trademark-related claims. Other claims may be unrelated to IP law — for example, defamation or invasion of privacy.