Reading time: 3 minutes

When you come across someone who has infringed your copyright, you may be unsure what to do next. Can you enforce your copyright? And how do you go about doing so? One option is sending that person a copyright infringement letter.

What Should I Include?

The letter needs to explain that you are the owner of the copyright and you have exclusive rights to its use. You will need to detail how the other person has breached your rights with accurate information. You need to be clear, concise and rational in the way you structure your letter to get across your message in a professional way. Letting them know what you want to be done about their breach of your rights is the next step. For example, you may seek compensation for the value of the work they have taken from you or any profits they have made from the unauthorised use of your work. Other options include asking for all of the material they copied to be returned to you.

It is also important to include when you would like to hear from them and in what form. For example, you may require that they respond in writing within 14 days. Following this up with a statement referring to when you will commence litigation if you do not receive an adequate response will show the person you are serious about defending your rights.

What Shouldn’t I Include?

Even though you are probably angry and frustrated at the other person for breaching your rights, it’s important not to come across this way in your letter. You do not want to attack the other person, as often they have not meant to infringe your rights, and they have simply done so through carelessness or ignorance and not with malicious intent.

Making sure you are well aware of the facts involved is essential, as you do not want to accuse someone of breaching your rights by threatening legal action if you are not really sure they have committed an offence. If you do, you could be liable for defamation or for breaching the Copyright Act. You should gather enough evidence to show you are the rights holder and the other person has had access to your work and has copied it. Attaching documentation to this effect to the letter you send is a good way to prove to the other person your rights, and will show the court you provided them with the appropriate evidence.

Sending Your letter

Once you have written your letter, it is best to get legal advice to make sure you have covered everything you need to say and confirm that your letter is appropriate, reasonable and provides correct information. You should then send your letter by registered post or fax so you can confirm they have received it.


If you need help structuring your letter or need advice on copyright protection,let our intellectual property lawyers know on 1300 544 755.


How Franchisors Can Avoid Misleading and Deceptive Conduct

Wednesday 18 May | 11:00 - 11:45am

Ensure your franchise is not accused of misleading and deceptive conduct. Register for our free webinar today.
Register Now

New Kid on the Blockchain: Understanding the Proposed Laws for Crypto, NFT and Blockchain Projects

Wednesday 25 May | 10:00 - 10:45am

If you operate in the crypto space, ensure you understand the Federal Government’s proposed licensing and regulation changes. Register today for our free webinar.
Register Now

How to Expand Your Business Into a Franchise

Thursday 26 May | 11:00 - 11:45am

Drive rapid growth in your business by turning it into a franchise. To learn how, join our free webinar. Register today.
Register Now

Day in Court: What Happens When Your Business Goes to Court

Thursday 2 June | 11:00 - 11:45am

If your business is going to court, then you need to understand the process. Our free webinar will explain.
Register Now

How to Manage a Construction Dispute

Thursday 9 June | 11:00 - 11:45am

Protect your construction firm from disputes. To understand how, join our free webinar.
Register Now

Startup Financing: Venture Debt 101

Thursday 23 June | 11:00 - 11:45am

Learn how venture debt can help take your startup to the next level. Register for our free webinar today.
Register Now

About LegalVision: LegalVision is a commercial law firm that provides businesses with affordable and ongoing legal assistance through our industry-first membership.

By becoming a member, you'll have an experienced legal team ready to answer your questions, draft and review your contracts, and resolve your disputes. All the legal assistance your business needs, for a low monthly fee.

Learn more about our membership

Need Legal Help? Submit an Enquiry

If you would like to get in touch with our team and learn more about how our membership can help your business, fill out the form below.

Our Awards

  • 2020 Excellence in Technology & Innovation Finalist – Australasian Law Awards
  • 2020 Employer of Choice Winner – Australasian Lawyer
  • 2021 Fastest Growing Law Firm - Financial Times APAC 500
  • 2020 AFR Fast 100 List - Australian Financial Review
  • 2021 Law Firm of the Year - Australasian Law Awards
  • 2019 Most Innovative Firm - Australasian Lawyer