You are a tarot professional and like all other tarot professionals doing business in the 21st century, you’re on the Internet. You have a great web presence. You have cool content up.
And then this happens: You spent hours over the weekend writing content for your website and poured so much of your knowledge and effort into it. Or you went through the trouble of getting exclusive licenses to use cool photographs for your site. And now suddenly, a lesser tarot professional has ripped your stuff off your site and posted it on his own page. Your jaw hits the space bar on your keyboard.
What do you do?
You send out a C&D, fool.
Cease and Desist Demand Letters
A cease and desist demand letter (often referred to as a C&D) is basically a strongly-worded letter to someone requesting that they stop doing something that they shouldn’t be doing. It’s often used to get the legal ball rolling in defamation cases (libel, slander), alleged infringement of personality rights (such as right of publicity), claims of invasion of privacy, false light, or other claims of misappropriation.
Perhaps the one most familiar to us is the C&D notice sent out for alleged intellectual property infringement. That’s copyright, trademark, and patent, but also use of trade secrets. For the tarot professional, the one likely to be most applicable is the C&D notice for copyright infringement. Defamation and the other misappropriation claims I mentioned come up, too, but that’s for another time. Let’s focus on C&D for copyright infringement today.
C&Ds are often sent out by attorneys on behalf of their clients, and the client pays a couple hundred bucks for the attorney to drop the case file on a paralegal’s desk, who is going to open up a template not unlike the one provided below for your free download, input the applicable client information, and then print it on heavy, creamy, expensive lawyer’s letterhead. What you’re really paying for there, I hope you realize, is that heavy, creamy, expensive lawyer’s letterhead and the scare factor that it causes when someone receives it.
You can just as easily send out C&Ds yourself. It’s going to be less scary to the recipient, I admit, but sometimes that is all it will take to get the infringing material off the web.
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