Letter of Demand for Designers

In this article, you’ll find information about a cease-and-desist letter for designers. This can help you if someone infringes on your copyright. This article was made possible thanks to CultuurCollege and Marlous Roelofs, Esq. At the bottom of the article, you can download a template for a cease-and-desist letter. We’ve also published articles discussing cease-and-desist letters for illustrators, photographers, authors, translators, and poets.

In what situations do you use a demand letter?

As a (product) designer, you are protected by copyright law. This copyright arises automatically, so you do not need to complete any formalities. You decide what happens to your design or product. If someone wants to use your design, they must obtain your permission. You may also request compensation for this. What if someone uses your design without your permission? Or if someone modifies your design or uses it in a way other than what you agreed to? Or what if someone counterfeits your product? That constitutes an infringement of your copyrights. In that case, you should send a cease-and-desist letter to stop the infringement and seek compensation for your damages. If you feel wronged, emotions can run high, and you often lose sight of exactly what you want. For that reason, it’s wise not to immediately call or email the party in question. A cease-and-desist letter allows you to assert a claim against the infringing party. This claim has a paralyzing effect; it makes it unattractive for the other party to continue using your work.

Steps for Sending a Demand Letter

To avoid (major) conflicts and ultimately get what you're entitled to, follow these steps.

• Are you entitled to take action against the infringement? Do you hold the copyright, or does your employer, for example?
• Gather evidence of the infringement: take screenshots or photos (including the date); this will prevent the infringer from deleting the evidence, which would make it impossible for you to prove the infringement. So always gather the evidence before you send the cease-and-desist letter.
  • Online infringement: Take as many screenshots as possible, including the date.
  • Offline infringement: for example, a newspaper or magazine publication—make a copy of it.
• Is your product being counterfeited? If so, it’s a good idea to purchase the counterfeit product or take photos of it in the store.
• Determine the amount of your damages: for example, what is your usual (licensing)fee?
• What exactly do you hope to achieve with the cease-and-desist letter? Do you want the infringement to stop, or would you rather reach an agreement with the infringer? This might actually yield better results than seeking damages. For that reason, it’s also wise not to call or email beforehand. Emotions can run high in this situation, and you might end up in a less favorable position.
• Send a demand letter by certified mail and by email.

Download a demand letter for designers

CultuurCollege offers two demand letters for designers.

• Cease-and-desist letter in cases of counterfeiting: If your product (or design) is being counterfeited by another party without your permission, use this cease-and-desist letter.
• Cease-and-desist letter in the event of unauthorized publication of a design: If your design is displayed on, for example, a website, in magazines, newspapers, etc., without your permission (and, for example, without attribution), use this cease-and-desist letter.

Disclaimer

For this article, we drew on the knowledge and expertise of CultuurCollege and Marlous Roelofs, Esq.

If, from your expertise, you yourself have knowledge that would fit this topic, or if you see opportunities to improve this text, we look forward to receiving your message at info@cultuuracademy.nl.