Last updated 2 October 2026 · Reviewed by the Claim Done team · Not legal advice

Cease and Desist Letter for Copyright Infringement in Australia

Someone is using your photos, written content, music, design, code, or other creative work without permission. Under the Copyright Act 1968 (Cth), this is copyright infringement — and a formal cease and desist letter is the right first step.

Get your copyright cease and desist — $49

What copyright protects in Australia

Copyright in Australia is automatic — it attaches from the moment an original work is created. You do not need to register or use the © symbol. Copyright protects:

• Literary works: written content, articles, books, code, song lyrics
• Artistic works: photos, illustrations, logos, designs, paintings, sculptures
• Musical works: the musical composition (separate from the sound recording)
• Sound recordings: recorded music (separate from the underlying composition)
• Films and broadcasts: audiovisual works

What counts as copyright infringement?

Under the Copyright Act, infringement occurs when someone exercises one of the exclusive rights of the copyright owner without permission. Exclusive rights include:

• Reproducing the work (copying)
• Communicating the work to the public (uploading to a website, social media)
• Distributing copies of the work
• Making an adaptation of the work

There is no minimum amount — even reproducing a small but distinctive part of a work can be infringement.

What your copyright cease and desist demands

1. Immediate removal of all infringing copies of the work
2. Written confirmation of removal
3. An undertaking not to infringe in the future
4. Compensation for any loss or damage caused by the infringement (where applicable)

What if they claim fair dealing?

Fair dealing (the Australian equivalent of “fair use”) is a limited exception in the Copyright Act that permits use for research or study, criticism or review, parody or satire, or news reporting — but only in specific, narrow circumstances. Most commercial uses do not qualify.

Escalation if ignored

If the infringer ignores the cease and desist, you can seek a copyright injunction and/or damages in the Federal Court of Australia. Damages can include additional damages where infringement was flagrant.

Get your copyright cease and desist — $49

Elements of a valid copyright cease and desist in Australia

A well-drafted copyright cease and desist letter should include:

1. Identification of the copyright owner — your name or business name, and your relationship to the work
2. Description of the copyrighted work — what work was created, when, and by whom
3. Description of the infringement — exactly where and how your work is being used without permission (URL, platform, publication name)
4. Legal basis — citation of the Copyright Act 1968 (Cth) and applicable sections
5. Specific demands — removal of content, cessation of use, delivery up of infringing copies
6. Compliance deadline — typically 7 days
7. Consequences — damages, injunction, legal costs if they fail to comply

Damages available for copyright infringement in Australia

Under the Copyright Act 1968, a copyright owner can claim:

• Compensatory damages — the loss you suffered as a result of the infringement
• Account of profits — the profit the infringer made from using your work
• Additional damages — where infringement was flagrant or done for commercial gain, courts can award additional damages as a deterrent
• Legal costs — in successful proceedings, costs are usually awarded to the successful party

Copyright infringement examples Claim Done handles

• Business using your photography on their website or social media without licence
• Competitor copying your written content, marketing copy, or website text
• Individual republishing your creative work (music, art, writing) without attribution
• Software developer using your code without permission
• Course creator republishing your educational content

Frequently asked questions

Do I need to register my copyright in Australia?

No. Copyright in Australia is automatic from the moment an original work is created and fixed in material form. There is no registration system. You own copyright in your photos, writing, music, code and designs from creation.

What if the infringement is occurring overseas?

If the infringer is based in Australia, Australian copyright law applies regardless of where the platform is hosted. For overseas infringers, your cease and desist may reference the infringing platform (e.g. a US company hosting Australian content) and you can also submit a DMCA takedown notice to the platform.

How quickly does a cease and desist work?

A formal cease and desist sets a compliance period (often 7 days) and makes clear what happens if the content stays up. Some recipients remove the content at this stage; if not, the next steps are a takedown request to the platform or proceedings.

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