- •Preface
- •How to Use This Material
- •Lesson 1 : What Is a Copyright?
- •For More Information
- •Lesson 2: What Are the Rights of a Copyright Owner?
- •Question 1
- •Question 2
- •Question 3
- •Question 1
- •Question 2
- •Lesson 3: Who Owns a Copyright?
- •Question 3
- •Question 4
- •Lesson 4: How Long Does a Copyright Last?
- •Question 2
- •Registration
- •Question 3
- •Question 4
- •Question 5
- •For More Information
- •Lesson 7: Fair Use and Public Domain Understanding Fair Use
- •Applying Fair Use Doctrine
- •Examples of Fair Use
- •Examples That Are Not Fair Use
- •Understand Public Domain
- •Avoid Copyright Infringement
- •Get Permission to Use Copyright-Protected Material
- •For More Information
- •Lesson 8: What Is a Trademark? Trademarks
- •Service Marks
- •Collective Marks
- •Certification Marks
- •Lesson 9: How to Select a Protectable Trademark
- •Requirements of Distinctiveness
- •How to choose a mark
- •Confusing Similarity to Another Mark
- •Distinguishing Goods and Services
- •Lesson 10: How to Protect Your Trademark
- •Use the Mark
- •Use the Trademark Symbol
- •Avoid Generic Use
- •Monitor the Trademark
- •Take Legal Action
- •Register the Mark
- •Renew the Trademark
- •For More Information
- •Lesson 11: How to Register Your Trademark
- •Make an Initial Determination of Classification
- •Do a Thorough Search
- •Analyze the Report
- •Select the Proper Application Form
- •Submit Specimens
- •Check Status of Application
- •Information Required for the Trademark Application
- •A Few Final Notes Regarding Registration
- •For More Information
- •Resources Copyrights and Licenses
- •Public Domain Resources
- •U.S. Government Websites
- •Appendix: Sample Forms, Contracts, and Letters
- •Sample Assignment of Copyright Agreement
- •Sample Work-Made-for-Hire Agreement
- •Form tx
- •Sample Cover Letter to the Registrar of Copyrights
- •Sample Permission Request Letter
- •Sample Cease-and-Desist Letter for Copyright/Trademark Infringement
- •About the Author
Sample Permission Request Letter
Date
Dear Ms. Simon:
My name is Dana Westrin, and I'm a corporate trainer specializing in leadership development. Frequently, I give presentations before audiences ranging from 50 to 300 people. In an effort to enhance their experience, I like to include visual overheads. I also like to include resource material in my handout packet. I am writing to request permission to use material from your book, The Effective Leader: A Primer for New Leaders and Managers. The details are as follows:
Book: The Effective Leader: A Primer for New Leaders and Managers
Author: Joanna Simon
Type of Publication: Book
Publication date, copyright year, edition, ISBN #: 2006, 2nd edition, #-#####-###-#.
Rights Needed #1: Use cartoon title, In Your Shadow, Chapter 2, page 26. To be used as overhead.
Rights Needed #2: Use cartoon title, Leaders & Managers, Chapter 3, page 41. To be used as overhead.
Rights Needed #3: Use text in chapter 4, pages 52-54. To be included as resource material in handout.
Please review my request and let me know the terms for licensing your material and the exact form of credit you require. If you are in agreement, please sign and date both copies of this letter and return one to me with any additional information you'd like me to know.
Sincerely, |
|
Joanna Simon |
|
|
|
Dana Westrin |
|
Rights Holder (or Permissions Dept. Publisher) |
Sample Cease-and-Desist Letter for Copyright/Trademark Infringement
Note: The specific language of a Cease-and-Desist letter depends on a variety of conditions. As a result, the following is a sample letter used in one particular situation: infringement of a copyright. Feel free to modify the text to suit your needs, including adding additional paragraphs. However, because it's a legal document, you should have a lawyer review it before sending it out.
Date
Ms./Mrs./Mr. Address City, State, Zip
DEAR SIR OR MADAM,
I've become aware that you have made an unauthorized use of my copyrighted work titled _______________ and it has also come to my attention that you are using my protected trademark titled ______________ in a prohibited manner (the combined works hereinafter known as the "Work"). I have reserved all rights in the Work, and have registered both the copyright and the trademark in question. Since you have and continue to use my material without my consent, and because your use does not ostensibly fall within the Fair Use doctrine, by using my protected work you have infringed both my copyright and my trademark. Enclosed are samples of your unauthorized and illegal use.
The purpose of this letter is to advise you of my rights and ask that you discontinue your use immediately; secondly, to inform you of the consequences of your inaction. Therefore I demand that you immediately STOP using and distributing all infringing copies of the Work, including electronic copies. I also request that you send me any and all unused and undistributed copies, or destroy them immediately. Further, I demand that you desist from this or any other infringement of my rights in the future. Please reply to this letter within fourteen (14) business days indicating your compliance with my request.
All relevant information in this letter is accurate as of the time it was compiled. In an effort to avoid bringing lawyers into the picture, I request that you please confirm, in writing, that you have complied with my reasonable request. If I do not receive such notice within the stipulated time, you leave me no choice but to resort to a legal remedy.
Thank you,
_________________
