CEASE AND DESIST ORDERS: THE LAST RESORT FOR COPYRIGHT HOLDERS

No one wants to resort to the law but for many in the entertainment industry, cease and desist orders are the only recourse to defend themselves against copyright infringements and to cover their costs. With significant amounts being paid in advance to secure ownership as well as commercial and distribution rights, it is important that companies defend their income streams and secure the best return on investment. It is the only way to continue to legally provide consumers with the newest, relevant creative content in their country.

WHAT ARE CEASE AND DESIST ORDERS?

Once a judicial order has been issued, cease and desist letters are delivered to an individual to demand illegal activity is stopped (“cease”) and is not repeated in the future (“desist”). The letter may also contain a warning that, should the illegal conduct not cease by a specified deadline, the recipient may be sued.

The process of sending out cease and desist letters and their content vary depending on jurisdiction. In some countries, it is common procedure that law firms - instead of suing infringers right away - suggest a payment to cover damages incurred in order to settle the matter. The level of damages that can be claimed also varies from country to country. However, they are mainly composed of an amount based on the quantity and severity of the infringements as well as compensation to cover legal fees and investigation costs.

CEASE AND DESIST ORDERS: AN EFFECTIVE ANTI-PIRACY MEASURE

In countries where copyright infringements have collectively and continuously been pursued over a period of time by a number of copyright holders, P2P piracy activity has dramatically dropped. In Germany, for example, cease and desist letters have been regularly issued from 2009. In 2015, TECXIPIO tracked in Germany 320 million P2P transactions in comparison to 6.3 billion in Russia (the number 1 country worldwide for illegal downloads) or 1.6 billion in Spain.

COUNT ON RELIABLE DATA AND AN INTERNATIONAL NETWORK

TECXIPIO P2P piracy data is already court-approved evidence in nine countries. We work closely with law firms across many jurisdictions to support their clients in copyright infringement claims.