Monday, July 25, 2016

Sample Demand Letter for Publisher that Published Your Work Without Your Permit

Ang orihinal na bersiyon ng letter na ito ay isinulat ni Atty. JP Anthony Cunada. Nirebisa ni Beverly Siy ang letter ayon sa ilan pang ispesipikong pangangailangan kung ang akda ng isang copyright holder ay inilathala nang walang permiso.

Nagbibigay ng permiso sina Atty.Cunada at Bb. Siy na makopya ang letter na ito para gamitin ito sa tama at angkop na pagkakataon.

Kung may tanong, mungkahi o komento, mag-email sa beverlysiy@gmail.com.


Date

NAME
Designation
Name of Company/Institution
Address

Dear __________:

I am ______________, a writer and _________ (day job, if applicable). My literary work entitled ____________________ was published in the book/textbook/magazine/etc ______________________ (title of publication) edited by ________ (name of editor/s) published by _______________(name of publisher).

ADD THIS SENTENCE IF YOUR LITERARY WORK HAS APPEARED PREVIOUSLY IN OTHER PUBLICATIONS: The literary work originally appeared in ______________ (title of publication), published by __________ (publisher) in _____ (year).

Upon my initial investigation, the said book/textbook/magazine/etc has been in publication since _____ (earliest year indicated in the copyright page of the book/textbook/magazine/etc) and is being sold up to the present as a book/textbook/magazine/etc of the students at ________________ (name of school or learning institution) clearly an indication of the very wide scope of the sales and marketing of the book/textbook/magazine/etc.

The publication is a clear case of copyright violation.

The selling price of the book/textbook/magazine/etc is ______ pesos per copy. Since several authors are included in the book/textbook/magazine/etc, I am collecting a reasonable amount of _____________ (state the amount you wish to receive) as one-time payment in exchange for my permit to include my literary work in this particular edition.

FINAL REQUEST is made upon you to pay _______________________ (amount in words, all caps) (amount in figures) within 10 working days from receipt of this letter. Kindly deposit the amount to my _____________ (bank name and branch), _____________ type of bank account, _____________ (account number) under the name ____________ (insert your legal name). Kindly send me a copy of the deposit slip through email. I am also requesting you to send my complimentary copy of the book/textbook/magazine/etc for my personal documentation to this address: ________________.

I strongly advise you to settle this amicably within the time prescribed to avoid legal complications and inconvenience of court litigation not to mention damages and 25% attorney's fees.

I hope that you give this matter your preferential attention.

Respectfully,


YOUR LEGAL NAME
Cellphone number/s, Landline number
Email address


cc: Atty. Louie Andrew Calvario from the Office of the Director General of the Intellectual Property Office of the Philippines Intellectual Property Center, # 28 Upper McKinley Road, McKinley Hill Town Center, Fort Bonifacio, Taguig City 238-6300 loc. 121/122 www.ipophil.gov.ph mail@ipophil.gov.ph or louie.calvario@ipophil.gov.ph

Atty. Aneka Rodriguez, Deputy Executive Director, National Book Development Board, Unit 2401 Prestige Tower, Ortigas Business District, Ortigas, Pasig City,
http://booksphilippines.gov.ph/copyright-assistance/ or copyright@nbdb.gov.ph



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