Just when everything is perfect right after that amazing Flash project release, someone cries, "INFRINGEMENT!"

Whether you look to write a cease and desist letter, or whether you just recieved one, you need to act accordingly. Artists have to deal with other artist's work infringement all the time. The globe is only so limited, and even the smallest similarities can cause quite a commotion in the Flash community.

If you have recieved a Cease and Desist Letter:

Step 1: Breathe
The major tendency would be to start freaking out that someone has sent you a formal email or letter concerning your work copying someone elses. Just take a moment to relax. Don't get defensive, and definitely do not get offensive. It's not the end of the world, and its not all terrible.

Step 2: Check Your Sources
Was this email a fraud? You can check the message information to see if the email was really sent from the right email address. People have learned to mask their real email address with a fake, and it is important to check that this user is not just trying to mess with you or make you upset. Check the message ID and the From: line to make sure they come from similar email addresses. If the message ID comes from a free web-based email account, but the From: line comes from a business address, be wary.

Step 3: Contact your Sponsor, if You've Got One
Your sponsor most likely has legal representation, and can offer their legal advice in how to address the situation. Your sponsor will want to know, and they will support you in getting this problem fixed.

Step 4: Read it Carefully
If you are acting alone in this problem, you will need to read the letter carefully. Does the author make a legitimate claim, or is it just a bullying to remove your Flash? Does the author note they have legal copyright, or that there is an actual published version of their file? You need to figure all of this out.

Step 5: Ask Questions
If you are accused, you have the right to ask questions. If the author of the Cease and Desist seems to leave a lot of information out, ask them questions concerning the Cease and Desist. Don't just cave into a simple command.

Step 6: Fair Use
Is your Flash submission a parody of a popular animation or game? Was your project not for profit and merely an educational work? You may be able to claim Fair Use, as long as your Flash qualifies for the following prerequisites: +

1) The intent of use was for academia, a news report, or parody
2) Your work bends more towards informative use (IE, education, reference) than creative use (entertainment, profit).
3) Your work has added something critically different to the previous work
4) Your work isn't directly copied piece for piece, and shows exceptional difference between yours and theirs.
5) Your work has no impact financially on their work.

You may claim "Fair Use" if all these prerequisites hold true.

Example: You are making a Flash slideshow for a Native American banquet in the 15th century. You are using a copyright picture of a piece of corn. You colored it differently to match the corn in that time period. By Fair Use, you are allowed to use this in your presentation.

Step 7: Back Down, Don't Back Out
You worked hard on your submission. Consider changing whatever is violating their rules to fit their demands. Companies will want you to remove the project completely, but that is not fair to you. Make your arguement and work with them to strike a compromise.

Step 8: Find Some Legal Help
If you feel like you cannot make these judgement calls on your own, consult a lawyer or a family member/friend who have had legal representation. They will be able to help you more in this situation.