Void picture in the Cease and Desist Letter

Aug 6th, 2022
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Although scary, a cease and desist letter does not come from a judge; it is nothing more than the other sides attorneys opinion. That opinion is obviously slanted towards their side, and may not be true or accurate. You have every right to challenge the cease and desist letter.
A Cease and Desist Letter is not legally enforceable in and of itself. It merely informs and demands the recipient to stop an undesired action.
Sending a cease and desist letter can backfire if not done thoughtfully. A poorly crafted letter lacking legal merit may be seen as a bluff, damaging the senders credibility.
Ironically, a cease and desist letter can be defined as harassment itself (yes, you read that correctly). This is especially true if the letter contains untruths or claims of legal action which are either not feasible or so threatening as to intimidate or frighten the other partys sense of safety and security.
Even though a cease-and-desist letter is a non-binding letter and does not have a legal effect, it is primarily sent to the wrongdoer so that it may later be used as evidence in litigation against the wrongdoer if the alleged misconduct is not stopped.
Specifically, California recognizes both common law and statutory rights. California Civil Code, Section 3344, provides that it is unlawful, for the purpose of advertising or selling, to knowingly use anothers name, voice, signature, photograph, or likeness without that persons prior consent.
A Photo Copyright Infringement Letter, often referred to as a cease and desist letter or copyright infringement notice, is a formal communication issued by a copyright holder (often a photographer or their legal representative) to an individual or entity that has used their copyrighted photograph without proper

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