How to send a legal notice for Copyright Infringement

 You might have created something unique, but there is a chance that someone might steal your work, aka copyright infringement. Now, what is your best step? The first step to take is to send a legal notice. Yes, this is before taking them to court. So, what is a legal notice, and how do you send one? This guide will answer those questions, and it will also help you with drafting one. 

Introduction

There is a lot of content available today on the internet. It can be writing, art, videos, etc. This makes copyright infringement more plausible. If you are an original creator and have uploaded something, there can be a point where you might face some copyright infringement issues. 

So, what do you do in such a situation?

It is frustrating, upsetting, and yes, legally actionable.

But what should you do first?

Before you go knocking on the courthouse door, it is worth taking a breath and looking at your options. Infringement does not always demand immediate litigation. In fact, there are several ways to respond, and each serves a different strategic purpose.

Let me walk you through them.

Other ways to approach copyright infringement

1. Do nothing (Yes, really)

This may sound counterintuitive, but sometimes, doing nothing is a calculated choice. For instance, if the infringement is minor, non-commercial, or unlikely to spread further, you may decide not to engage. But that decision should come after weighing the risks, not as a default reaction.

Think of how serious the infringement is. Is it minor enough that it will not affect you in any way? Then you can just let it be. 

2. Send a platform takedown notice

If the content has been posted on platforms like YouTube, Instagram, and Facebook, they usually offer a takedown process under the Digital Millennium Copyright Act (DMCA) or similar frameworks (DMCA is specific to USA). 

In India, these platforms respond to copyright claims even without a court order.

A takedown request is quick and effective, but it is platform-specific. It does not resolve the matter permanently, nor does it get you compensation or an apology. But this can always be challenged via counter-notices, requiring further action (e.g., a legal notice or lawsuit) if the infringer disputes the claim.

3. Reach out informally

This works in a surprising number of cases. A polite but firm email or message explaining the copyright issue and requesting immediate removal or credit can solve the problem.

Sometimes, people genuinely do not realise they are infringing. However, this approach has its limits; it is not legally binding and may not be taken seriously by commercial entities.

4. File a complaint with the police

In India, copyright infringement can amount to a criminal offence under the Copyright Act, 1957. You have the right to file a First Information Report (FIR) at your local police station. That said, this route is often slow and may be overkill unless the infringement is large-scale or malicious.

5. Send a legal notice

This is where things get formal. A legal notice is a document sent through a lawyer to the infringer, warning them to cease the infringement, make amends, and respond within a specified time. It is not a court case, but it signals that one could follow.

In many cases, this is the step that gets results.

Let me now explain why.

Why sending a legal notice makes strategic sense

1. It puts the infringer on formal notice

When you send a legal notice, you are telling the infringer, in clear legal terms, that you are aware of your rights, and you are willing to assert them. It shifts the conversation from casual to formal, without the immediate costs of litigation. The notice becomes part of the record. If the matter does end up in court, you can show that you attempted to resolve it amicably before taking legal action.

2. It often leads to swift action

From my experience and that of several colleagues, a well-drafted legal notice frequently results in immediate compliance. Most infringers do not want to be dragged into a legal dispute. Once they receive a notice with legal citations, proof of copyright, and a deadline, they usually respond by taking down the content, apologising, or offering compensation.

3. It sets the tone for negotiation

Maybe you are not looking to punish, but to negotiate, perhaps you want credit, licensing fees, or an official collaboration. A legal notice can be a strategic opener. It tells the other party that they need to take your demands seriously, while still leaving the door open for settlement.

4. It strengthens your position in court

If the matter does escalate to a lawsuit, sending a legal notice helps you establish that you acted reasonably. Courts often look favourably upon parties who tried to resolve matters before filing a case. Moreover, if the infringer continues to use your work after receiving the notice, it can support your claim for higher damages.

It allows you to customise your demands

Unlike a takedown notice, which is limited to platform-specific removal, a legal notice can go further. You can ask for:

• Removal of infringing content from all platforms and materials
• A formal written apology
• Payment of licence fees or damages
• A public acknowledgement of your authorship
• A written undertaking that the infringement will not be repeated

These are formal demands. If ignored, they form the basis for a stronger claim in civil court.

When should you send a legal notice?

You do not need to send a legal notice every time someone borrows your work. But there are specific situations where it is not only appropriate, it is necessary. Here are a few of those situations:

1. The infringement is commercial in nature

If someone is using your work to make money by selling, advertising, or promoting something, then you are dealing with commercial infringement. In such cases, a legal notice should be your first formal move. It signals that you intend to protect your economic rights and that unauthorised profit from your creativity is unacceptable.

2. The infringer is a business or brand

When a company, brand, or public figure is involved, sending an informal message is unlikely to work. A legal notice, preferably from an advocate, compels them to respond via their legal team. It shows you are not an amateur and that you understand your rights under the Copyright Act.

3. Platform takedown has not worked

Let us say you tried the easier route, you filed a takedown request on YouTube or Instagram, and nothing happened, or worse, the content was taken down and then uploaded again by the same party. This is where a legal notice comes into play. It is enforceable beyond platform rules. It also acts as a warning, future violations may lead to civil or criminal proceedings.

4. You want more than just a takedown

Sometimes, removal is not enough. You might want compensation, an apology, or a public acknowledgement. These outcomes cannot be achieved through platform processes. A legal notice allows you to make a customised demand and gives the other party a formal opportunity to respond.

5. The matter might go to court

If you are considering legal action, it is always wise to send a legal notice first. Courts often view it as a sign of good faith. It demonstrates that you gave the infringer an opportunity to correct the situation without being dragged into litigation. If they fail to respond or refuse to comply, it strengthens your case.

6. You are protecting long-term rights

Sometimes the infringing act is not damaging in itself, but it sets a dangerous precedent. Letting one person use your work without consequence may encourage others. Sending a legal notice helps you establish a clear boundary: your work is protected, and unauthorised use will be challenged.

Sample legal notice for copyright infringement

To make the sample legal notice more relatable and practical, let me briefly walk you through the fictional scenario behind it.

Sana Rai is an independent digital artist based in Bengaluru. She runs a small creative studio called SanasArts Studio, where she designs and sells original digital artwork. One of her most popular pieces, a vivid red-toned digital landscape titled “Hue Horizon”, was first published on her official website in March 2024 and later shared on her social media.

In early April 2024, Sara discovered that a fashion label named Polish Styles Clothing Co., operating both online and offline, had used her artwork on a new line of t-shirts. The company featured the design in its advertising campaigns and posted images on Instagram, without seeking her permission or crediting her as the artist.

She tried contacting them informally, first through direct messages, then via email. But she received no response. Frustrated, she decided to take legal steps to protect her rights. With the help of her advocate, she issued a formal legal notice demanding removal, compensation, and a public apology.

The sample notice below is based on that scenario. It follows standard practice under Indian copyright law and shows you how to draft a comprehensive and enforceable legal communication.

What should the legal notice include?

A legal notice for copyright infringement is not just a strongly worded letter, it is a legal document with consequences. It needs to be structured, precise, and persuasive. Think of it as your first formal argument in the case. The better it is drafted, the stronger your position becomes.

Also, jurisdiction matters. You need to determine the appropriate jurisdiction for the notice and potential legal action, you must consult a lawyer if unsure. 

Jurisdiction for copyright disputes is typically where the cause of action arises, where the infringing act occurred, or where the defendant resides or conducts business (section 62 of the Copyright Act, 1957).

Names and addresses

Treat this like a formal letter. And that begins by entering names and addresses.Add dates and subject as well. 

Through Registered Post with Acknowledgement Due and Email

To:
The Manager / Proprietor
Polish Styles Clothing Co.
5th Floor, Mahalakshmi Arcade
Indiranagar, Bengaluru – 560038
Email: [email protected]

From:
Ms. Sana Rai
Proprietor, SanasArts Studio
14, 2nd Cross, JP Nagar 4th Phase
Bengaluru – 560078
Email: [email protected]
Mobile: +91-9XXXXXX134

Date: 19 April 2024

Subject: Legal Notice for Unauthorised Use and Infringement of Copyrighted Artwork

Introduction and background

Start by identifying yourself and your advocate (if the notice is sent through one). Briefly explain who you are, what you do, and the purpose of the notice. This section sets the context.

1. Preliminary

Under instructions from and on behalf of my client, Ms. Sana Rai, sole proprietor of SanasArts Studio, I, the undersigned Advocate, issue you this legal notice as follows:

1.1 About the client and the work

1.2 My client is a professional digital artist and designer, engaged in the creation and sale of original digital artwork under the brand ‘SanasArts Studio’.

Description of the copyrighted work

Describe the work that has been infringed. Mention the title, type (art, video, music, literary work, etc.), date of creation/publication, and how you hold copyright over it. If the work is registered, include the registration number. If not, specify how you have proof of authorship (emails, drafts, timestamps, or uploads).

1.3 One of her original creations, titled “Hue Horizon”, a digital landscape artwork, was first published by her on her website ___ (insert website here) on 14 March 2024, and subsequently featured on her official Instagram account @sarasarts. She retains exclusive copyright over the said work under the provisions of the Copyright Act, 1957.

1.4 My client’s copyright over “Hue Horizon” exists from the moment of creation and publication. In support of her claim, she possesses digital drafts, file metadata, publication timestamps, and the original working files created using Adobe Illustrator.

Details of the infringement

This is where you explain what the other party has done wrong. Be specific. Include URLs, screenshots, dates, or any supporting material. Clearly mention how they have used your work without permission.

2. Details of infringement

2.1 It has come to my client’s attention that your company, Polish Styles Clothing Co., has used and reproduced her original artwork “Hue Horizon” on t-shirts and promotional banners, which were displayed both physically in your stores and on your Instagram page (@polishscc) on 11 April 2024 and thereafter.

2.2 Said use was undertaken without authorisation, licence, assignment, or any permission, and has resulted in both reproduction and public communication of my client’s copyrighted work, in violation of her statutory rights.

2.3 The following instances of infringement have been documented:

2.3.1 Instagram post dated 11 April 2024 with caption “New drops this summer 🌅”

2.3.2 Story highlights titled “Horizon Tees”

2.3.3 Product listing on your website (urbanthreadsco.in) under the category “Limited Edition Prints”

Screenshots and downloads of the above materials have been preserved as evidence.

Legal basis & proof of ownership

Refer to the relevant provisions of the Copyright Act, 1957. You may also mention moral rights under section 57, particularly if your name or credit has been removed. Moral rights violations require proof of harm to the author’s reputation or honour, or an explicit claim of lack of attribution under section 57(1)(a). 

Keep in mind that moral rights violation requires proof of reputational harm or distortion.

Attach or reference documents that prove you own the copyright. This can include:

• Copyright registration certificate (if available)
• Drafts, sketches, raw files
• Timestamps of publication
• Metadata from your files
• Screenshots of the original publication

3. Legal position

3.1 Your aforesaid actions constitute infringement under sections 51 and 63 of the Copyright Act, 1957, as you have:

3.1.1 Reproduced the work in material form (on t-shirts and posters),

3.1.2 Communicated the work to the public (via website and social media), and

3.1.3 Issued copies of the work to the public without authorisation.

3.2 Further, the absence of attribution and your false implication that the artwork is your original design amount to a violation of my client’s moral rights under section 57 of the Copyright Act, 1957.

Your demands

Now you tell the infringer exactly what you want. Be clear and realistic. Your demands may include:

• Immediate removal of the infringing content
• A public apology or written undertaking
• Payment of licence fees or damages
• A commitment to cease further use
• Destruction of physical materials using the work (in the case of prints, packaging, etc.)

I am stating three laks but keep in mind that demands for damages should be supported by evidence, such as the market value of a license for the artwork or documented financial losses. Also, the amount is an estimate subject to negotiation or court determination

4. Client’s demands

4.1 In view of the above, you are hereby called upon to do the following within ten (10) days of receipt of this notice:

4.1.1 Cease from all further use, publication, and distribution of the artwork “Hue Horizon” in any format or medium;

4.1.2 Remove the artwork from your website, social media pages, printed catalogues, and all promotional materials;

4.1.3 Issue a written apology to my client acknowledging her authorship and admitting the unauthorised use, to be published on your official Instagram handle and emailed to my client; 

4.1.4 Pay damages of ₹3,50,000/- (Rupees Three Lakh Fifty Thousand only) towards unauthorised use and reputational harm, within the said 10-day period;

4.1.5 Furnish a written undertaking that such infringement shall not be repeated in future, and the sale and distribution of all merchandise bearing the artwork shall cease pending further legal remedies

Deadline for compliance & consequences of non-compliance

State how many days the infringer has to comply, typically between 7 to 15 days. This creates a clear timeline and legal urgency.

End with a formal warning. Let the recipient know that if they do not comply, you will pursue remedies under the law, including filing a civil suit for injunction and damages, and/or initiating criminal prosecution.

5. Consequences of non-compliance

5.1 In the event of your failure to comply with the above within the stipulated time, my client shall be constrained to initiate appropriate civil and criminal proceedings under the Copyright Act, 1957 and other applicable laws, including:

5.1.1 A suit for injunction and damages before the competent court;

5.1.2 Criminal complaint under section 63 of the Act, (this is appropriate only for willful, large-scale, or commercially exploitative infringements). 

All costs and consequences arising from such proceedings shall be solely borne by you.

Please treat this notice as final and take immediate steps to remedy the situation.

This notice is issued without prejudice to any other rights or remedies available to my client in law or equity.

Yours faithfully,

Signature
___________________
Advocate for Ms. Sana Rai
Bengaluru

How to send a legal notice for Copyright Infringement

Sending a legal notice is not just about composing a strong letter. It is also about ensuring proper delivery and legal recordkeeping. Here is how you can go about it:

Option 1: Sending the notice through an advocate

This is usually the most effective route, especially if you anticipate legal resistance or require further enforcement.

Steps:

1. Engage a lawyer: Preferably someone who specialises in intellectual property law.
2. Share all materials: Send your lawyer the original work, date of publication, evidence of infringement (screenshots, URLs), and any prior communication attempts.
3. Review and approve the notice: Ensure the facts are accurately represented.
4. Send through registered post (with Acknowledgement Due): Your advocate will use their letterhead and typically courier or post the notice to the infringer.
5. Send a digital copy via email: It helps to attach a signed PDF version of the notice and request a delivery/read receipt.
6. Preserve proof: Keep the postal receipt, tracking details, delivery acknowledgement, and email screenshots.

Why this works well:

• Legal notices from lawyers carry more weight.
  
• You get assistance with legal language and the next steps if there is no response

Option 2: Sending the notice yourself 

If you are confident about the legal position and the matter is not too complex, you may send the notice yourself.

Steps:

1. Prepare the notice: Use the sample provided above as a base. Include your name, address, and contact details.
2. Sign it: Physically sign the notice and scan it into a PDF.
3. Send by Registered Post or Speed Post (with acknowledgement due): Post it to the company’s registered office or address mentioned on their website.
4. Send by Email: Attach the PDF and send it from your official or professional email ID. Use a subject line like: Legal Notice Regarding Copyright Infringement – “Hue Horizon”
5. Retain records: Save all emails, post receipts, tracking details, and your signed copy.

Risks to be aware of:

• The recipient might ignore the notice, believing you will not follow through legally.
• If you are unsure about the law, your notice might not cite the correct provisions or may weaken your case.

Checklist before you send the notice

1. Do you have evidence of infringement (screenshots, links, printed material)?
2. Can you prove ownership of the original work (timestamps, drafts, copyright certificate)?
3. Have you clearly stated your demands and deadline?
4. Have you included the legal provisions being violated?
5. Did you send the notice by both post and email?
6. Have you saved all records?

In most cases, a well-drafted notice prompts a prompt resolution. If the infringer responds with a settlement proposal or an apology, you can choose whether to escalate or close the matter.

If they ignore the notice or deny infringement, you may proceed to file a civil suit for injunction and damages, or in serious cases, initiate criminal proceedings under section 63 of the Copyright Act.

Conclusion

Sending a legal notice for copyright infringement is a crucial step towards protecting your intellectual property and asserting your rights. While there are several approaches, whether through an advocate or independently, the most important aspect is ensuring that the notice is clear, well-documented, and legally sound.

A well-drafted notice not only serves as a formal request for the infringement to cease but also opens the door for resolution without immediate resort to litigation. Many cases are resolved at this stage through negotiation, settlement, or compliance. However, if the infringer ignores or refuses to acknowledge the notice, you are well-positioned to escalate the matter through formal legal proceedings.

Remember, a legal notice is not just a document; it is a tool to protect your creative work and to potentially resolve conflicts in a timely and effective manner. Whether you are acting on your own or with the help of an advocate, the most critical step is to ensure that all facts are accurately represented, the legal provisions are clear, and that you maintain a record of all communications. By doing so, you set the stage for a resolution that is both legally sound and protective of your rights as a creator.

FAQs

1. Can I send a copyright infringement notice anonymously?

No, a legal notice must disclose the identity of the sender. Anonymity would undermine the legal validity and the ability to assert one’s rights formally. However, a lawyer may issue the notice on your behalf to maintain some distance.

2. What happens if the recipient ignores the legal notice?

If the infringer does not respond or comply with the demands in the notice, you may proceed with legal action such as a civil suit or seek an injunction. Courts may also award damages for continued infringement.

3.  Can I claim damages in the legal notice itself?

While you can mention your intent to seek damages, the actual award can only be determined by a court. The notice can demand compensation and warn of legal action if it is not paid, but it does not have the legal power to enforce it.

4.  Is there a time limit for sending a legal notice after discovering infringement?

While there is no fixed statutory period for sending a legal notice, prompt action is advisable. Delays could weaken your case or affect interim relief like injunctions due to the doctrine of laches (delay). 

While sending a legal notice itself is not time-barred, any civil suit for copyright infringement must be filed within three years from the date when the cause of action arises, under section 3 of the Limitation Act, 1963. In most cases, this is interpreted as the date the infringement was discovered or reasonably ought to have been discovered.

If you delay sending the notice and let the three-year window pass, your ability to bring a civil lawsuit (such as for injunction or damages) may be barred, even if the infringement was real.

5. Can I send a legal notice if my work is not registered under copyright law?

Yes. Copyright exists from the moment the work is created and fixed in a tangible form. Registration is not mandatory to send a notice, although it strengthens your claim in court.

6. Should I preserve any evidence before sending the legal notice?

Absolutely. Before sending a notice, gather screenshots, URLs, dated records, and any proof of original creation. This ensures you have a robust record in case the dispute escalates.

7. Is there a format or standard for legal notices?

There is no rigid statutory format, but the notice should be clear, professional, and legally sound. A poorly drafted notice can be ignored or used against you in litigation.