I. Introduction

A copyright infringement demand letter is a formal written notice sent by a copyright owner, author, creator, publisher, photographer, artist, software developer, filmmaker, musician, business, or authorized representative to a person or entity accused of using protected work without permission.

In the Philippine context, a demand letter is often the first practical step before filing a formal complaint, initiating takedown procedures, negotiating settlement, or pursuing civil, criminal, or administrative remedies. It serves several purposes: it notifies the infringer of the copyright claim, identifies the unauthorized use, demands that the infringement stop, requests compensation or corrective action, and preserves the sender’s position for possible legal proceedings.

A demand letter is not always legally required before suing, but it is often useful. It may lead to voluntary compliance, settlement, removal of infringing material, payment of damages, attribution, licensing, or preservation of evidence. It may also show that the copyright owner attempted to resolve the matter before escalating.

This article discusses how to send a copyright infringement demand letter in the Philippines, what the letter should contain, what laws and remedies are relevant, common mistakes, strategic considerations, and practical steps for creators and businesses.

This article is for general informational purposes only and is not a substitute for legal advice.

II. Copyright in the Philippines: Basic Concept

Copyright is the legal protection granted to creators over their original intellectual creations in the literary, scholarly, scientific, and artistic domains. In the Philippines, copyright protection generally arises from the moment of creation. Registration or deposit may help prove ownership, but copyright does not usually depend on registration for existence.

Copyright protects the expression of an idea, not the idea itself. A person may not monopolize a general concept, style, method, theme, or factual information merely by claiming copyright. What is protected is the original manner in which the idea is expressed.

Examples of works that may be protected include:

Books, articles, essays, poems, blogs, manuals, and written materials;
Photographs, illustrations, drawings, paintings, graphics, and visual art;
Videos, films, documentaries, and audiovisual works;
Music, lyrics, sound recordings, and compositions;
Software, source code, applications, and databases, where copyrightable;
Architectural works and designs;
Speeches, lectures, sermons, and addresses;
Maps, plans, sketches, and technical drawings;
Advertising copy, product descriptions, and marketing materials;
Website content and digital media;
Educational modules and course materials;
Choreographic works and dramatic works;
Comics, characters as expressed in a work, and storyboards;
Podcasts and recorded performances; and
Derivative works, compilations, and adaptations, where original.

A demand letter should be grounded in a clear understanding of what exact copyrighted work is being protected and how the other party allegedly infringed it.

III. What Is Copyright Infringement?

Copyright infringement occurs when a person violates the exclusive rights of the copyright owner without authorization and without a valid legal defense. In practical terms, infringement may occur when someone copies, reproduces, distributes, sells, uploads, publishes, displays, performs, adapts, translates, or commercially uses a protected work without permission.

Common examples include:

Using a photographer’s image in advertisements without permission;
Copying website articles and reposting them as one’s own;
Uploading a movie, music track, book, or course module online;
Selling pirated software, ebooks, videos, or music;
Using artwork on merchandise without a license;
Copying a logo illustration, design, or marketing layout;
Reposting social media content for commercial use without consent;
Streaming copyrighted material without authorization;
Using music in monetized videos without a license;
Printing protected illustrations on shirts, mugs, posters, or packaging;
Copying software code into a competing product;
Republishing academic modules or training materials;
Distributing PDF copies of books or reviewers;
Creating an unauthorized adaptation, translation, or derivative work; and
Removing attribution or copyright management information.

A demand letter should explain the specific act of infringement, not merely accuse the recipient in broad terms.

IV. Copyright Ownership and Standing to Send a Demand Letter

Before sending a demand letter, the sender must confirm that they have legal standing. The sender should be one of the following:

The author or creator of the work;
The copyright owner;
An assignee of the copyright;
An exclusive licensee with enforcement rights;
A publisher, producer, studio, agency, employer, or company that owns the copyright;
A lawyer authorized by the copyright owner;
A collective management organization, where applicable; or
A representative with written authority.

Standing is important because the recipient may challenge the sender’s right to complain. A weak ownership claim can undermine the demand letter and expose the sender to counterclaims, reputational issues, or accusations of harassment.

V. Authorship Versus Ownership

A common issue in copyright disputes is the difference between authorship and ownership.

The author is the natural person who created the work. The copyright owner may be the author, an employer, a commissioning party, an assignee, a publisher, or another person depending on the facts and applicable agreements.

Examples:

A freelance photographer may be the author of the photo, but ownership or usage rights may depend on the contract with the client.
An employee who created a work as part of assigned duties may not personally own all economic rights.
A company may own copyright by assignment from a designer or developer.
A publisher may have rights to enforce copyright under a publishing agreement.
A client who paid for a design does not automatically own all copyright unless the agreement says so.
A social media post may be authored by one person but licensed to a platform under platform terms.

Before sending a letter, the sender should review contracts, invoices, employment terms, commissioning agreements, assignment documents, and licenses.

VI. Moral Rights and Economic Rights

Philippine copyright law recognizes both economic rights and moral rights.

A. Economic Rights

Economic rights are the rights that allow the copyright owner to control commercial and exploitative uses of the work. These include rights such as reproduction, distribution, public performance, communication to the public, adaptation, and other acts involving use or exploitation.

A demand letter based on economic rights usually asks the infringer to stop using the work, remove copies, pay license fees or damages, account for profits, and cease commercial exploitation.

B. Moral Rights

Moral rights protect the author’s personal connection to the work. These may include the right to attribution, the right to object to distortion or mutilation, and the right to restrain uses prejudicial to the author’s honor or reputation.

A demand letter based on moral rights may demand:

Proper attribution;
Removal of false authorship claims;
Correction of credit;
Cessation of mutilated or distorted use;
Public correction or apology;
Removal of altered versions; and
Recognition of authorship.

Moral rights may matter even where economic ownership has been transferred, depending on the circumstances.

VII. When Should a Demand Letter Be Sent?

A copyright infringement demand letter may be sent when:

The infringing party is identifiable;
There is enough evidence of unauthorized use;
The sender has a good faith basis to claim ownership or authority;
The infringement is ongoing or recent;
The sender wants removal, payment, attribution, licensing, or settlement;
The sender wants to create a formal record before litigation;
The sender wants to give the infringer a chance to comply;
The infringement involves a business, platform, seller, publisher, school, agency, or advertiser;
The infringement is commercial or repeated; or
The sender wants to preserve evidence before filing a complaint.

A demand letter may be unnecessary or risky if the infringer is unknown, the facts are uncertain, the sender lacks rights, the alleged use may be fair use, or there is a risk that the recipient will destroy evidence. In some urgent cases, legal action or platform takedown may be more appropriate than a letter.

VIII. Demand Letter Versus Takedown Notice

A demand letter and a takedown notice are related but different.

A demand letter is usually sent to the alleged infringer. It demands that the infringer stop, remove, pay, explain, settle, or comply.

A takedown notice is usually sent to a platform, web host, marketplace, social media company, payment processor, or service provider. It asks the intermediary to remove or disable access to infringing material.

In many cases, the copyright owner may use both:

Send a demand letter to the infringer;
Submit a takedown request to the platform;
Report counterfeit or infringing products to the marketplace;
Notify payment processors or ad networks;
Preserve screenshots and URLs before takedown;
Demand compensation separately.

For example, if a business uses a photographer’s image on Facebook ads, the photographer may send a demand letter to the business and also submit an intellectual property report to Facebook.

IX. Preliminary Steps Before Sending the Letter

A. Confirm Ownership or Authority

Gather proof that you own or control the copyright. Possible proof includes:

Original working files;
Camera RAW files;
Drafts, sketches, source files, project files;
Metadata;
Publication records;
Copyright registration or deposit records, if any;
Contracts or assignments;
Employment documents;
Commissioning agreements;
Invoices and payment records;
Email correspondence;
Social media posting history;
Website publication dates;
Watermarked versions;
Witnesses to creation;
Version history;
Source code repositories;
ISBN or publication records;
Licensing agreements; and
Prior enforcement records.

The stronger the ownership proof, the more persuasive the demand letter.

B. Identify the Infringing Material

Document exactly where the infringing use appears. Gather:

Screenshots;
URLs;
Archive links;
Date and time of access;
Copies of advertisements;
Product listings;
Receipts or purchase records;
Download links;
Social media post links;
Marketplace listings;
Website pages;
Printed copies;
Packaging photos;
Videos showing use;
Store photos;
Names of accounts and pages;
Business registration details, if available; and
Evidence of sales or commercial use.

Do this before sending the letter, because the recipient may delete the material.

C. Compare the Original and Infringing Work

Prepare a side-by-side comparison. Identify copied elements, such as:

Exact image or video use;
Identical text passages;
Similar structure and arrangement;
Copied characters or illustrations;
Same music, lyrics, or sound recording;
Same source code segments;
Cropped, filtered, or edited versions;
Removal of watermark;
Reupload of the same file;
Use of original metadata;
Similar sequencing or layout; and
Adaptation or translation.

Not every similarity is infringement. The comparison should focus on protectable expression, not merely ideas or facts.

D. Evaluate Possible Defenses

Before sending a demand letter, consider whether the recipient may raise a defense. Possible issues include:

Fair use;
Public domain;
License or implied permission;
Use under contract;
Ownership dispute;
Independent creation;
Non-copyrightable subject matter;
De minimis use;
Educational or news reporting use;
Government work issues;
Expired copyright;
Use of stock content under license;
Platform license;
Transformative use;
Lack of substantial similarity;
No commercial exploitation;
Parody, criticism, or commentary; and
Consent from another rights holder.

A demand letter that ignores obvious defenses may be less effective and may invite a strong counter-response.

E. Identify the Correct Recipient

Send the letter to the proper party. Depending on the case, this may be:

The individual infringer;
A business owner;
A corporation or partnership;
A school or university;
A publisher;
An advertising agency;
A social media page administrator;
A marketplace seller;
A website owner;
A domain registrant;
A platform operator;
A printing shop;
A distributor;
A reseller;
A client who commissioned the infringing work;
A production company;
A government contractor; or
A lawyer or authorized representative.

If a company is involved, address the letter to the company through its president, general manager, managing partner, legal department, or authorized officer.

X. What the Demand Letter Should Contain

A strong copyright infringement demand letter should be clear, specific, professional, and supported by evidence.

A. Sender’s Information

Include the name, address, email, and contact details of the copyright owner or authorized representative. If a lawyer sends the letter, the lawyer should identify the client.

B. Recipient’s Information

Identify the recipient by name, business name, address, email, social media page, website, or other available identifiers.

C. Statement of Rights

State that the sender is the author, copyright owner, assignee, licensee, or authorized representative. Briefly describe the copyrighted work and the basis of ownership.

Example:

“The undersigned represents [Name], the author and copyright owner of the photographic work entitled [Title/Description], first published on [date] through [platform/website].”

D. Description of the Copyrighted Work

Describe the original work clearly:

Title;
Type of work;
Date of creation;
Date of first publication;
Author;
Owner;
Registration or deposit number, if any;
Where it was originally published;
Distinctive features; and
Attached copy or reference.

E. Description of the Infringing Use

Identify the infringing act specifically:

What was copied;
Where it appeared;
When it was accessed or discovered;
URL or platform;
Account or page name;
Product or advertisement;
Number of copies, if known;
Whether it was sold, posted, printed, distributed, or monetized;
Whether attribution was removed;
Whether the work was altered; and
Whether the use continues.

F. Legal Basis

State that the unauthorized use violates the owner’s rights under Philippine copyright law. It is usually enough to state the legal basis generally unless the letter is drafted by counsel.

The letter may refer to:

Unauthorized reproduction;
Unauthorized distribution;
Unauthorized communication to the public;
Unauthorized public display or performance;
Unauthorized adaptation;
Violation of moral rights;
Removal of copyright notice or watermark;
Commercial exploitation without license;
Unfair competition or passing off, if relevant;
Breach of license terms, if relevant; and
Possible civil, criminal, or administrative remedies.

G. Specific Demands

The demands should be specific. Depending on the case, the letter may demand that the recipient:

Immediately cease and desist from using the work;
Remove the infringing material from websites, social media, ads, marketplaces, and printed materials;
Stop selling infringing products;
Destroy or surrender infringing copies;
Provide a written undertaking not to repeat the infringement;
Disclose the source of the infringing material;
Identify suppliers, distributors, printers, clients, or downstream users;
Provide an accounting of sales, profits, reach, ad spend, or downloads;
Pay damages, license fees, profits, or settlement amount;
Publish a correction or apology;
Give proper attribution;
Remove false authorship claims;
Preserve records and evidence;
Confirm compliance in writing;
Enter into a retroactive license, if acceptable; and
Reimburse legal fees and costs.

H. Deadline

Give a reasonable deadline. Common deadlines range from 24 hours to 15 days depending on urgency.

For online posts, ads, marketplace listings, and ongoing sales, a short deadline may be justified. For complex business disputes, a longer deadline may be more reasonable.

Example:

“Within five calendar days from receipt of this letter, kindly confirm in writing that you have removed the infringing materials and ceased all unauthorized use.”

I. Reservation of Rights

The letter should reserve the sender’s right to pursue all legal remedies if the recipient fails to comply.

Example:

“Our client reserves all rights and remedies under Philippine law, including the right to pursue civil, criminal, administrative, and injunctive relief, without further notice.”

J. Attachments

Attach evidence when strategic. These may include:

Copy of original work;
Screenshots of infringement;
URLs;
Proof of ownership;
Copyright registration or deposit certificate, if available;
Side-by-side comparison;
License terms;
Prior correspondence;
Sales evidence; and
Authorization letter, if representative is not a lawyer.

Do not attach sensitive evidence unnecessarily if there is a risk of misuse.

XI. Tone and Style of the Letter

A copyright demand letter should be firm but professional. Avoid insults, threats, exaggerations, or public shaming language. The goal is to persuade the recipient to comply and to create a useful record if litigation follows.

A good letter is:

Specific;
Fact-based;
Legally grounded;
Polite but firm;
Organized;
Supported by evidence;
Clear about demands;
Clear about deadlines;
Free from unnecessary accusations;
Free from emotional attacks; and
Written with possible court review in mind.

A bad letter is vague, abusive, overbroad, unsupported, or legally careless.

XII. Sample Structure of a Philippine Copyright Demand Letter

A typical structure is:

Date;
Recipient’s name and address;
Subject line;
Introduction of sender and authority;
Description of copyrighted work;
Description of infringing use;
Legal basis;
Demands;
Deadline;
Reservation of rights;
Contact information;
Signature;
Attachments.

XIII. Sample Copyright Infringement Demand Letter

Below is a general sample for reference. It should be customized to the facts and reviewed by counsel for serious disputes.

[Date]

[Name of Recipient] [Address / Email / Business Name]

Subject: Demand to Cease and Desist from Copyright Infringement

Dear [Name]:

We write on behalf of [Name of Copyright Owner], the author and/or copyright owner of the work described as [title or description of work]. The work was created on or about [date] and was first published or made available through [platform/website/publication] on [date].

It has come to our attention that you have used, reproduced, published, distributed, displayed, sold, or otherwise exploited the above work without authorization. Specifically, the infringing material appears at or in [identify website, social media page, product listing, advertisement, printed material, video, store, or other location], as shown in the attached screenshots and supporting documents.

Our client has not granted you any license, consent, assignment, or permission to use the work. Your unauthorized use violates our client’s rights under Philippine copyright law, including the exclusive rights to control reproduction, distribution, public display, communication to the public, adaptation, and other forms of exploitation of the work. Where applicable, your acts may also violate our client’s moral rights, including the right to attribution and the right to object to distortion, mutilation, false authorship, or prejudicial use.

Accordingly, demand is hereby made that you, within [number] calendar days from receipt of this letter:

Immediately cease and desist from using, reproducing, publishing, distributing, displaying, selling, advertising, or otherwise exploiting the copyrighted work;
Remove the infringing material from all websites, social media pages, advertisements, online stores, printed materials, and other channels under your control;
Stop the sale, distribution, or circulation of any infringing copies or products;
Provide written confirmation that you have complied with the foregoing;
Disclose the source from whom you obtained the work and identify all persons or entities involved in its use, printing, distribution, sale, or publication;
Provide an accounting of all sales, revenue, profits, reach, downloads, distributions, advertisements, and other benefits derived from the unauthorized use;
Pay the amount of [amount] as settlement, damages, unpaid license fees, and/or compensation for unauthorized use; and
Execute a written undertaking that you will not repeat the infringement.

Failure to comply within the stated period will leave our client with no choice but to consider appropriate legal remedies, including civil, criminal, administrative, injunctive, and other remedies available under Philippine law. This letter is sent without prejudice to all rights, claims, causes of action, and remedies of our client, all of which are expressly reserved.

Please direct your written response to [contact details].

Very truly yours,

[Name] [Position / Counsel / Authorized Representative] [Contact Details]

Attachments:

Copy or reference of copyrighted work;
Screenshots or evidence of infringing use;
Proof of ownership or authority;
Other supporting documents.

XIV. How to Send the Demand Letter

A demand letter may be sent through several methods. The sender should choose a method that creates proof of sending and receipt.

A. Personal Service

The letter may be personally delivered to the recipient, business office, store, registered office, or known address. The receiving copy should be stamped or signed with the date, name, and position of the recipient.

B. Registered Mail or Courier

Registered mail or courier is useful because it creates tracking records. Keep:

Mailing receipt;
Tracking number;
Delivery confirmation;
Returned envelope, if undelivered;
Proof of delivery;
Copy of the signed received page, if available.

C. Email

Email may be practical for online infringement. Use an address known to belong to the recipient, such as official business email, platform seller email, or email used in prior communications. Request acknowledgment of receipt. Save sent email records and delivery confirmations.

D. Social Media or Platform Messaging

Where the infringer is known only through a social media account, the letter may be sent through platform messaging. Take screenshots showing the message, account name, date, and time. However, this should be supplemented by email, courier, or formal service if possible.

E. Through Counsel

For serious matters, sending through a lawyer may increase seriousness, ensure proper legal framing, and reduce the risk of defective or excessive demands.

F. Multiple Channels

It is often practical to send the same demand through multiple channels: email, courier, and platform message. This reduces the chance that the recipient later claims lack of notice.

XV. Proof of Receipt

Proof of receipt is important because deadlines usually run from receipt. Useful proof includes:

Signed receiving copy;
Courier delivery confirmation;
Registered mail return card;
Email reply;
Read receipt;
Screenshot of seen message;
Admission in chat;
Acknowledgment by counsel;
Platform message timestamp;
Office stamp;
Affidavit of service; and
Delivery log.

If the recipient refuses to receive the letter, document the refusal.

XVI. What to Do After Sending the Letter

After sending the letter, monitor compliance.

A. If the Recipient Complies

If the recipient removes the material and agrees to settle, document everything. Settlement should be written and signed. It should specify:

The infringing material;
Removal obligations;
Payment amount;
Payment deadline;
Attribution or correction terms;
Confidentiality, if any;
No admission or admission of liability, depending on agreement;
Undertaking not to repeat infringement;
Consequences of breach;
Release or reservation of rights; and
Signatures and IDs or authority of signatories.

Do not rely on verbal promises.

B. If the Recipient Partially Complies

Partial compliance may include removal without payment, attribution without compensation, or promise to stop without accounting. Decide whether to accept, negotiate, or escalate.

C. If the Recipient Denies Liability

Review the denial carefully. The recipient may claim license, fair use, public domain, independent creation, or lack of ownership. Assess whether the claim is credible. If necessary, consult counsel before responding.

D. If the Recipient Ignores the Letter

If the deadline passes without compliance, the sender may consider:

Filing a civil case;
Filing a criminal complaint;
Filing an administrative complaint;
Seeking injunctive relief;
Sending platform takedown notices;
Reporting to marketplaces or payment processors;
Sending notice to advertisers or business partners;
Filing a complaint with the Intellectual Property Office, where appropriate;
Negotiating through counsel; or
Preserving evidence for litigation.

XVII. Remedies for Copyright Infringement in the Philippines

A demand letter often mentions possible remedies. These may include civil, criminal, administrative, and practical remedies.

A. Civil Remedies

A copyright owner may seek civil relief such as:

Injunction to stop infringement;
Damages;
Actual damages;
Profits attributable to infringement;
Statutory damages where available;
Destruction or disposal of infringing copies;
Impounding of infringing goods;
Accounting of profits;
Attorney’s fees and litigation expenses;
Moral damages, where appropriate;
Exemplary damages, where appropriate; and
Other equitable relief.

Civil remedies are appropriate where the copyright owner seeks compensation, injunction, or business-related enforcement.

B. Criminal Remedies

Certain acts of copyright infringement may carry criminal liability. Criminal remedies may be appropriate where the infringement is willful, commercial, repeated, large-scale, or involves piracy, counterfeiting, distribution, or unauthorized sale.

Criminal complaints may be filed with law enforcement or prosecutors, depending on the case. Criminal proceedings may result in penalties and may also include civil liability.

C. Administrative Remedies

The Intellectual Property Office of the Philippines and other relevant agencies may have procedures for certain IP disputes, mediation, enforcement coordination, or administrative complaints. Administrative routes may be useful depending on the nature of the infringement and the parties involved.

D. Online Platform Remedies

Online platforms often have intellectual property reporting systems. A copyright owner may request removal of infringing content from:

Social media platforms;
Video-sharing platforms;
Marketplaces;
Web hosts;
Domain registrars;
App stores;
Search engines;
Payment processors;
Advertising networks; and
File-sharing platforms.

Takedown does not automatically provide compensation, but it may stop ongoing harm.

XVIII. Fair Use Considerations

Not every unauthorized use is infringement. Philippine law recognizes fair use, which may permit certain uses for purposes such as criticism, comment, news reporting, teaching, scholarship, research, and similar purposes, depending on the circumstances.

Fair use is assessed through multiple factors, including:

The purpose and character of the use;
The nature of the copyrighted work;
The amount and substantiality of the portion used; and
The effect of the use on the potential market for or value of the work.

Before sending a demand letter, the sender should consider fair use. For example:

A short excerpt used in a review may be defensible;
A thumbnail or quotation used for commentary may raise fair use issues;
Educational use is not automatically fair use;
Nonprofit use is not automatically fair use;
Commercial use is not automatically infringement, but it weighs against fair use in many cases;
Copying an entire work is harder to justify;
Use that substitutes for the original market weighs strongly against fair use.

A demand letter that ignores a plausible fair use defense may escalate unnecessarily.

XIX. Special Issues for Online Content

A. Social Media Posts

Creators often assume that posting on social media means others may freely use the work. That is not correct. Posting on social media may grant the platform certain license rights under its terms, but it does not usually give every user the right to commercially exploit the content outside permitted sharing features.

A demand letter for social media infringement should identify:

Original post link;
Infringing post link;
Date of posting;
Account names;
Screenshots;
Whether the use was shared, reposted, downloaded, altered, or monetized;
Whether attribution was removed; and
Whether the infringer used the work in ads or sales.

B. Memes and Edited Content

Memes, parody, criticism, and commentary may raise fair use issues. However, using copyrighted images for unrelated commercial promotion may still be infringing. The legal analysis depends on purpose, transformation, amount used, and market effect.

C. Website Copying

For copied articles, blogs, and website content, preserve source code, publication dates, archive records, screenshots, and page URLs. If the copied content affects search ranking or business reputation, mention this in the demand.

D. Marketplace Listings

For infringing products sold on Shopee, Lazada, TikTok Shop, Facebook Marketplace, or similar platforms, the letter should demand removal, accounting of sales, and cessation of sales. It may also be useful to file a platform IP complaint.

E. Influencer and Brand Use

Brands, agencies, and influencers sometimes use photos, music, videos, or artwork without proper licenses. The demand letter should identify all parties involved, including the brand, agency, production house, influencer, photographer, editor, or media buyer.

XX. Special Issues for Photographers and Visual Artists

Photographers and visual artists should preserve original files and metadata. A demand letter should clarify whether the unauthorized use involved:

Copying the entire image;
Cropping;
Removing watermark;
Applying filters;
Using the image in ads;
Printing on merchandise;
Posting without credit;
Claiming ownership;
Selling copies;
Using the image on packaging;
Using the image for political, adult, defamatory, or reputationally harmful content; or
Altering the work in a way prejudicial to the artist.

Compensation may be based on normal licensing fees, duration of use, reach, platform, commercial value, exclusivity, and harm.

XXI. Special Issues for Writers, Bloggers, and Publishers

For written works, infringement may involve direct copying, paraphrased copying, translation, compilation, or unauthorized ebook distribution.

A demand letter should identify:

Original text;
Copied passages;
Date of publication;
URL or publication where copied text appears;
Whether the copying is substantial;
Whether attribution was removed;
Whether the copied work is monetized;
Whether the infringer outranks the original in search results;
Whether the infringer sold or distributed the work; and
Whether the work was used in AI training, course packs, or commercial materials.

Not every similar article is infringement. Facts, ideas, legal principles, and general concepts are not protected in the same way as original expression.

XXII. Special Issues for Software and Source Code

Software copyright disputes require careful handling. A demand letter involving software may concern:

Unauthorized copying of source code;
Use beyond license scope;
Reverse engineering issues;
Software piracy;
Unauthorized installation;
Breach of enterprise license;
Use of open-source code without compliance;
Copying user interface elements;
Distribution of cracked software;
Unauthorized SaaS cloning;
Misuse by former employee or contractor; and
Database or API copying.

Before sending a demand letter, preserve:

Source code repositories;
Commit history;
Developer agreements;
License terms;
Access logs;
Similarity comparison;
Deployment records;
Screenshots;
Executable files;
Customer communications;
Audit logs; and
Technical expert analysis.

Overstating software claims can be risky because some elements may be functional, standard, or not protected by copyright.

XXIII. Special Issues for Music, Film, and Audiovisual Works

For music and audiovisual works, multiple rights may exist. A single song may involve lyrics, musical composition, sound recording, performance rights, producer rights, and publisher rights. A video may involve script, footage, music, performances, editing, graphics, and underlying works.

A demand letter should identify which rights were violated:

Unauthorized upload;
Unauthorized streaming;
Use in advertisements;
Public performance;
Synchronization with video;
Reproduction;
Distribution;
Monetization;
Use in events;
Use in commercial establishments;
Use in political campaigns;
Use in social media content; or
Sale of pirated copies.

The sender should confirm authority to enforce the specific rights involved.

XXIV. Special Issues for Businesses and Brands

Businesses often use copyright demand letters to protect:

Product photos;
Catalogues;
Advertising copy;
Promotional videos;
Training manuals;
Website content;
Packaging artwork;
Instructional materials;
Software;
Internal documents;
Sales presentations;
Graphic designs;
Social media content; and
Brand campaigns.

A business should coordinate internally before sending a letter. Confirm who owns the rights: the company, agency, photographer, employee, contractor, designer, or licensor.

A demand letter may be weakened if the company cannot prove that the work was assigned or licensed to it.

XXV. Copyright Demand Letter and Defamation Risk

A demand letter is usually private correspondence. However, legal risk may arise if the sender publicly accuses the recipient of piracy, theft, fraud, or infringement without sufficient proof.

Avoid:

Posting the demand letter publicly before legal review;
Calling the recipient a criminal without qualification;
Publishing personal information unnecessarily;
Tagging business partners or clients to shame the recipient;
Using threats unrelated to the claim;
Making false statements;
Misstating ownership;
Exaggerating damages;
Threatening arrest without basis; and
Encouraging harassment.

The letter should state facts and claims, not insults.

XXVI. Copyright Demand Letter and Data Privacy

When sending or publishing evidence, consider data privacy. Screenshots may contain personal data, customer names, addresses, contact details, IDs, transaction records, or private messages.

Use only what is necessary. If the matter becomes public or is submitted to a platform, redact unrelated personal information where appropriate.

XXVII. Settlement Amounts and Valuation

One of the hardest parts is deciding how much to demand. The amount may depend on:

Normal license fee;
Duration of unauthorized use;
Scope of use;
Commercial purpose;
Number of copies;
Platform reach;
Advertising spend;
Sales or profits;
Market harm;
Removal of attribution;
Damage to reputation;
Whether the use was willful;
Whether the infringer ignored prior notices;
Whether the work was altered;
Cost of enforcement;
Legal fees;
Industry rates;
Exclusivity value;
Territory and duration;
Whether a retroactive license is acceptable.

For example, a one-time unpaid social media repost may not justify the same demand as a nationwide advertising campaign using a photographer’s image without permission.

A demand should be serious but defensible. Excessive demands may discourage settlement.

XXVIII. Should the Letter Offer a License?

Sometimes, the copyright owner wants compensation but is willing to allow continued use. In that case, the letter may offer a retroactive or prospective license.

A licensing settlement may include:

License fee;
Permitted platforms;
Duration;
Territory;
Attribution;
Exclusivity or non-exclusivity;
Prohibition on modification;
Reporting obligations;
Removal after term;
No admission or admission clause;
Indemnity;
Payment deadline; and
Consequences of breach.

If the owner does not want continued use, the letter should clearly demand removal and cessation.

XXIX. Should the Letter Demand an Accounting?

An accounting is useful where the infringement produced revenue. For example:

Merchandise using artwork;
Pirated ebooks;
Paid course materials;
Monetized YouTube videos;
Subscription websites;
Paid downloads;
Advertising campaigns;
Commercial posters;
Software sales;
Unauthorized licensing to third parties;
Printed product packaging; and
Marketplace sales.

The letter may demand sales records, invoices, ad data, order reports, royalty records, and distribution records.

XXX. Preservation of Evidence Demand

A demand letter may instruct the recipient not to destroy evidence. This is especially important where litigation is possible.

The letter may demand preservation of:

Digital files;
Communications;
Design files;
Sales records;
Invoices;
Supplier records;
Printing orders;
Customer orders;
Website logs;
Ad campaign records;
Contracts;
Source code;
Product inventory;
Platform analytics;
Internal approvals;
Payment records; and
Records identifying third parties involved.

Although a demand letter alone may not guarantee preservation, it puts the recipient on notice.

XXXI. When Not to Send a Demand Letter

There are situations where sending a demand letter may not be the best first move.

A. Risk of Evidence Destruction

If the infringer may destroy records, hide inventory, transfer domains, or move assets, counsel may recommend evidence preservation or legal action first.

B. Unknown Infringer

If the infringer is anonymous, it may be better to gather platform, domain, payment, or marketplace information first.

C. Weak Ownership Claim

If ownership is uncertain, sending a strong demand may backfire.

D. Fair Use Is Strong

If the recipient’s use is likely fair use, a demand letter may be seen as abusive.

E. Urgent Need for Injunction

If ongoing harm is severe, immediate court action may be considered.

F. Criminal Piracy Operation

For large-scale piracy, raids, enforcement coordination, or criminal complaints may be more appropriate than warning the infringer.

G. Risk of Declaratory Action or Counterclaim

A sophisticated recipient may respond aggressively, especially in business disputes.

XXXII. Common Mistakes in Copyright Demand Letters

Avoid these mistakes:

Failing to identify the exact work;
Failing to prove ownership or authority;
Sending to the wrong party;
Accusing without evidence;
Demanding unrealistic amounts;
Ignoring fair use;
Treating ideas as copyright;
Confusing trademark, patent, and copyright claims;
Claiming copyright over public domain material;
Overstating criminal consequences;
Threatening arrest without basis;
Setting an impossible deadline;
Failing to preserve evidence before sending;
Sending only through an unreliable channel;
Publishing the letter recklessly;
Using abusive language;
Forgetting to reserve rights;
Omitting a clear demand;
Failing to track receipt;
Accepting settlement without written agreement;
Signing a broad waiver too early;
Forgetting moral rights;
Not checking license agreements; and
Failing to consult counsel for substantial claims.

XXXIII. Demand Letter Versus Cease-and-Desist Letter

The terms are often used interchangeably, but there is a slight difference in emphasis.

A cease-and-desist letter focuses on stopping the unlawful conduct.

A demand letter may include cease-and-desist demands plus payment, accounting, apology, attribution, disclosure, destruction of copies, and settlement terms.

In copyright disputes, a good demand letter usually includes a cease-and-desist component.

XXXIV. Administrative and Enforcement Options After the Letter

If the recipient refuses to comply, possible next steps include:

A. Intellectual Property Office Proceedings

The matter may be brought to the appropriate intellectual property forum depending on the nature and amount of the claim, the parties involved, and available administrative remedies.

B. Civil Court Action

A civil action may seek injunction, damages, accounting, destruction of infringing copies, and other relief.

C. Criminal Complaint

A criminal complaint may be appropriate for willful, commercial, repeated, or large-scale infringement.

D. Platform Takedown

Online content may be reported to platforms and hosts.

E. Marketplace Enforcement

Marketplace sellers can be reported through IP violation systems.

F. Customs and Border Measures

For imported infringing goods, customs-related remedies may be relevant.

G. Business and Regulatory Complaints

If the infringer is a regulated entity, school, agency, advertiser, or licensed professional, other complaint mechanisms may also be considered.

XXXV. Demand Letter for Philippine Recipients Abroad or Foreign Recipients

Copyright infringement may involve foreign parties or offshore platforms. If the infringer is abroad but the copyright owner is in the Philippines, the sender may still send a demand letter. However, enforcement may require foreign law, platform policies, or international counsel.

If the infringement occurs on a global platform, the platform’s copyright reporting procedure may be more effective than a local letter alone.

Where the infringing party is in the Philippines but the copyright owner is foreign, Philippine remedies may still apply if the infringing acts occur in the Philippines or affect Philippine rights.

XXXVI. Use of Notarization

A demand letter generally does not need to be notarized to be valid. However, notarization may be useful for:

Affidavit of ownership;
Affidavit of evidence preservation;
Affidavit of service;
Authorization letter;
Board secretary’s certificate;
Special power of attorney;
Settlement agreement;
Undertaking;
Affidavit of desistance or release;
Complaint-affidavit.

For ordinary demand letters, signature and proof of delivery are usually more important than notarization.

XXXVII. Authority of a Representative

If a non-lawyer representative sends the letter, there should be written authority from the copyright owner. For companies, the representative may need a board resolution, secretary’s certificate, special power of attorney, or written authorization depending on the seriousness of the matter.

If a lawyer sends the letter, counsel should be properly authorized by the client.

XXXVIII. Demand Letter for Multiple Infringers

If multiple parties are involved, consider sending separate letters to each party or one letter addressed to all relevant parties.

Possible recipients include:

The person who copied the work;
The business that benefited;
The advertiser;
The agency that prepared the materials;
The printer;
The seller;
The distributor;
The platform store operator;
The page administrator;
The event organizer;
The publisher;
The school;
The production company; and
The client who approved the work.

Each letter should describe that recipient’s role.

XXXIX. Demand Letter for Employees, Contractors, or Former Partners

Before sending a demand letter, review:

Employment contract;
Independent contractor agreement;
IP assignment clause;
Confidentiality agreement;
Non-disclosure agreement;
Work-for-hire or commissioned work terms;
Project scope;
Payment records;
Termination agreement;
Portfolio use clause;
Agency-client agreement;
Software development agreement;
Non-compete or non-solicit clauses, if any;
Return of materials clause; and
Ownership of drafts and source files.

The demand may include copyright infringement, breach of contract, confidentiality breach, unfair competition, or return of company property.

XL. Demand Letter and Copyright Registration

Copyright registration or deposit can help prove ownership and date of creation, but absence of registration does not necessarily mean there is no copyright. In a demand letter, registration is useful if available, but the letter may still proceed based on creation, publication, contracts, metadata, and other proof.

If the work is commercially important, registration or deposit may be considered before or alongside enforcement.

XLI. Demand Letter for AI-Generated or AI-Assisted Works

AI-assisted content raises complex copyright issues. The sender should be cautious before claiming copyright over material generated entirely by artificial intelligence without human authorship. However, copyright may still exist in human-authored prompts, selection, arrangement, editing, compilation, final artwork, written expression, or other human creative contributions, depending on the facts.

Before sending a demand letter involving AI-assisted works, clarify:

What parts were human-created;
What parts were AI-generated;
Whether the work contains third-party material;
Whether the sender has rights under the AI tool’s terms;
Whether the allegedly copied elements are original expression;
Whether the infringer copied the final output or merely created a similar style;
Whether the claim is better framed as unfair competition, breach of contract, or passing off.

Avoid claiming ownership of a general style or aesthetic alone.

XLII. Demand Letter for Educational Institutions

Schools, review centers, teachers, and students may be involved in copying modules, slides, books, reviewers, videos, and course materials.

A demand letter may request:

Removal of uploaded materials;
Cessation of photocopying or distribution;
Accounting of copies distributed;
Payment of license fees;
Written undertaking;
Disciplinary investigation;
Identification of source;
Return or deletion of digital files; and
Adoption of compliance measures.

Educational use is not automatically fair use. The amount copied, purpose, market effect, and availability of licensed materials matter.

XLIII. Demand Letter for Government or Public-Sector Use

If the recipient is a government agency, public school, local government unit, or government contractor, the matter may involve additional procedures, procurement records, public documents, and official channels. The demand should be addressed to the proper office or head of agency and should remain professional.

If the work was commissioned by the government, ownership depends on contract terms and applicable rules.

XLIV. Negotiating After the Demand Letter

When the recipient responds, negotiation may focus on:

Whether infringement occurred;
Whether use was authorized;
Whether fair use applies;
Whether removal is enough;
Amount of compensation;
Whether future license will be granted;
Confidentiality;
Public apology or correction;
Attribution;
Deadline for payment;
Inventory destruction;
Accounting;
Mutual release;
Non-disparagement;
Costs and attorney’s fees; and
Future cooperation.

Settlement should be in writing. Payment should be confirmed before signing any full release.

XLV. Settlement Agreement Terms

A settlement agreement may include:

Parties;
Recitals identifying the dispute;
Acknowledgment of copyright ownership;
Admission or no admission of liability;
Cease-and-desist obligations;
Removal obligations;
Payment terms;
Future license terms, if any;
Accounting obligations;
Destruction or turnover of infringing materials;
Attribution or correction;
Confidentiality;
Non-disparagement;
Release and waiver;
Reservation of rights for breach;
Penalty clause;
Governing law;
Venue;
Authority of signatories;
Counterparts and electronic signatures; and
Notarization, where appropriate.

XLVI. Litigation Considerations

If settlement fails, litigation may be considered. Before filing, assess:

Strength of ownership evidence;
Strength of copying evidence;
Value of the claim;
Identity and solvency of defendant;
Availability of injunction;
Cost and duration of litigation;
Risk of counterclaims;
Public relations impact;
Need for expert witnesses;
Jurisdiction and venue;
Preservation of evidence;
Potential damages;
Possibility of settlement;
Criminal versus civil strategy; and
Whether the defendant has assets.

Litigation should be strategic, not emotional.

XLVII. Practical Checklist Before Sending

Before sending a copyright infringement demand letter, confirm:

You own or control the rights.
You have identified the exact copyrighted work.
You have preserved the original work.
You have preserved evidence of infringement.
You have recorded URLs, dates, screenshots, and account details.
You have compared original and infringing material.
You have considered fair use and defenses.
You have identified the correct recipient.
You have decided what you want: removal, payment, attribution, license, apology, accounting, or all of these.
You have chosen a reasonable deadline.
You have prepared attachments.
You have selected delivery methods with proof of receipt.
You have avoided defamatory or abusive language.
You have considered whether counsel should send the letter.
You have a plan if the recipient ignores the demand.

XLVIII. Practical Checklist After Sending

After sending, do the following:

Save proof of sending.
Save proof of receipt.
Monitor whether the infringing material is removed.
Screenshot any removal or continued use.
Track deadline.
Record all replies.
Do not negotiate carelessly by chat.
Do not accept vague promises.
Confirm settlement terms in writing.
Preserve evidence of continued infringement.
Consider takedown notices.
Consult counsel before escalating.
Avoid public accusations without legal review.
Prepare complaint documents if necessary.
Review whether further infringement exists.

XLIX. Frequently Asked Questions

1. Is a demand letter required before filing a copyright case?

Not always. However, it is often practical because it may lead to settlement, removal, or payment without litigation. It also creates a record that the infringer was notified.

2. Can I send the demand letter myself?

Yes, if you are the copyright owner or authorized representative. However, for substantial claims, commercial infringement, or complicated ownership issues, a lawyer’s assistance is advisable.

3. Does my work need to be registered before I can send a demand letter?

Not necessarily. Copyright generally exists from creation. Registration or deposit helps prove ownership but is not always required to assert rights.

4. Can I demand payment?

Yes, if there is a good-faith basis to claim damages, unpaid license fees, profits, or settlement. The amount should be reasonable and supported by facts.

5. Can I demand an apology?

Yes, especially where attribution, moral rights, false authorship, reputational harm, or public confusion is involved. Whether the recipient agrees is a settlement matter.

6. What if the infringer removes the content but refuses to pay?

You may decide whether removal is enough or whether to pursue damages. The decision depends on the seriousness of the infringement, commercial benefit, harm, and cost of enforcement.

7. What if the infringer says they found the image on Google?

Finding an image online does not automatically give permission to use it. The recipient must show a valid license, fair use, or other legal basis.

8. What if they credited me?

Credit does not replace permission. Attribution may help address moral rights, but it does not automatically authorize reproduction, distribution, commercial use, or adaptation.

9. What if the infringer says it was not for profit?

Nonprofit use is not automatically lawful. It may affect damages or fair use analysis, but it does not automatically defeat infringement.

10. Can I post the demand letter online?

Be cautious. Public posting may create defamation, privacy, or strategic risks. Private legal correspondence should generally remain private unless counsel advises otherwise.

11. Can I send a demand through Messenger or email?

Yes, especially for online disputes, but use methods that preserve proof of sending and receipt. For serious matters, also send by courier or formal service.

12. How long should I give the recipient to comply?

It depends on urgency. For online posts, 24 to 72 hours may be reasonable. For payment, accounting, or complex business disputes, 5 to 15 days may be more practical.

13. Can I threaten criminal charges?

You may state that legal remedies may include criminal remedies if supported by law and facts. Avoid exaggerated threats or statements suggesting automatic arrest.

14. Can I demand that they disclose where they got my work?

Yes. This is useful when there may be a supplier, agency, printer, distributor, or another infringer upstream.

15. What if the infringer is a company?

Address the letter to the company and its proper officer, legal department, or registered office. Preserve evidence that the company benefited from or controlled the infringement.

L. Conclusion

Sending a copyright infringement demand letter in the Philippines is a practical and often effective first step in enforcing copyright rights. A well-prepared letter can stop unauthorized use, secure removal of infringing material, recover compensation, obtain attribution, preserve evidence, and create a formal record before litigation.

The key is preparation. The copyright owner should confirm ownership, preserve evidence, identify the infringing act, evaluate possible defenses, choose the correct recipient, state clear demands, set a reasonable deadline, and keep proof of delivery. The letter should be firm, factual, and professional.

Where the infringement is substantial, commercial, repeated, technically complex, or likely to be disputed, legal assistance is strongly recommended. A demand letter should not be a mere angry accusation. It should be a strategic legal document designed to protect rights, encourage compliance, and prepare the ground for further remedies if necessary.