Step 4 Stop Thief

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Official Notification

Determining Cease and Desist or DMCA Takedown Notification, you should never send Both to the same site.

We’ve mentioned the Digital Millennium Copyright Act of 1998 a few times, in order to protect your rights under this act you must provide several key pieces of information. This one can be a little tricky because not every website that is displaying your content deserves a cease and desist letter. Some sites should actually receive a DMCA Takedown Notice.

A site that publishes it’s own content (supposedly) should receive a Cease & Desist Letter. This essentially means that a site that is maintained by the owner of the site or employees, like a personal blog.

A site that has Members that share content, such as Pinterest, Facebook, KeyIngredient, etc would receive a DMCA Takedown Notice, because they are actually hosting third-party content. If this is the case, you need to determine if the site has a registered DMCA agent. That agent would be listed here in this database: US Copyright Directory Service Provider Agents List. If this is the case, and the offender is a registered 3rd Party Service Provider, you would instead send a DMCA Takedown Notice.

If they are not on the list, then they Should receive a Cease and Desist Letter, that contains the following information as outlined below:

  • Notify the Infringing Site that you are claiming Copyrights to your work
  • Demand that the Infringing Site immediate cease and desist from infringing on your copyrights.
    • Provide the Exact Location of the Infringing Content, such as the URL(s)
    • Provide the Exact Location of the original Copyrighted article/recipe and/or images that you own the rights to
  • Demand that the Infringing Site give you an accounting of any and all profits derived from their unauthorized use of Your work.
  • Notify the Infringing Site that you fully intend to notify their Internet Service Provider (ISP) of your copyright claims and demand that the ISP take down the infringing content.
  • Give the Infringing Site a deadline to have resolved the dispute to your satisfaction.
  • Notify the Infringing Site that you intend to follow through by taking legal action if the dispute is not resolved by the deadline provided.

Examples of Letters you could Use:

DMCA TakeDown Letters:

In case you want to read the Actual Laws:

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