Responding to a Copyright Infringement Demand Letter

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Dear [Claimant/Attorney]:

I am in receipt of your letter dated [date] alleging that [my article/website/video] infringes your client's copyright in [description].

After careful review, I respectfully dispute this claim. My use of [brief description] constitutes fair use under 17 U.S.C. § 107 for the following reasons:

First, my use is transformative in nature, serving the purpose of [criticism/commentary/education/parody] rather than merely reproducing the original work. Second, I used only a small portion of the work—specifically [describe limited use]—and only what was necessary to [support criticism/make point]. Third, my [article/video/work] does not compete with or substitute for the original work in any market, as it serves an entirely different purpose for a different audience.

Given these circumstances, I believe any lawsuit would be unsuccessful and could expose your client to an award of my attorney fees under 17 U.S.C. § 505. I invite you to review the fair use analysis in [relevant case] and reconsider this claim.

I trust this resolves the matter. Please do not hesitate to contact me with any questions.

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Dear [Claimant/Attorney]:

I received your demand letter dated [date] regarding the use of [description] on my [website/publication].

I must respectfully inform you that your claim is without merit. I obtained proper authorization to use this material through [describe license source - e.g., "a royalty-free license purchased from [stock photo service]" / "a Creative Commons CC-BY license as displayed on the source" / "direct written permission from the copyright owner dated [date]"].

I have attached documentation confirming this authorization, including [license agreement/receipt/permission letter/screenshot of Creative Commons designation].

Given this authorized use, there is no infringement, and I consider this matter closed. If you have information suggesting that [the license was invalid/your client was not the original licensor], please provide it promptly so we can address any legitimate concerns.

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Dear [Claimant/Attorney]:

I acknowledge your letter dated [date] concerning alleged copyright infringement. Before responding substantively, I request that you provide the following documentation:

1. A copy of the U.S. Copyright Office registration certificate for the work at issue;
2. Evidence demonstrating your client's chain of ownership or exclusive rights;
3. The date of first publication of the work;
4. Identification of the specific protectable expression allegedly infringed (as opposed to unprotectable ideas, facts, or common elements).

Absent registration before the alleged infringement or within three months of first publication, your client would be limited to actual damages and could not recover statutory damages or attorney fees—making litigation economically impractical. Please confirm the registration status and timing at your earliest convenience.

I am prepared to discuss this matter further once you provide the requested information.

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To: [Service Provider DMCA Agent]

Identification of material removed: [URL or description of removed content]

Statement under penalty of perjury: I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

Basis for counter-notification: [E.g., "The use constitutes fair use under 17 U.S.C. § 107 as commentary/criticism" / "I am the copyright owner of the material" / "The material is licensed for my use" / "The material is in the public domain"].

I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, and I will accept service of process from the person who provided the original notification or an agent of such person.

Signature: _______________
Name: [Your name]
Address: [Your address]
Date: [Date]