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That may be correct, but I am not a lawyer, so I phrased it as "take some action". A "Cease and Desist" letter is, if I understand correctly, one of the most basic actions that would put the holder of the rights on record as defending their rights. If the offender ignored that, then a lawsuit and/or potential criminal complaint would be next.
The main point, though, is that unless you are posting only material you created yourself, you should be consulting a lawyer for real advice on what you can and cannot do. ("You" in this case being "someone" or "anyone".)
Different publishers have different policies regarding derivative works ("fan fiction", for one example), so what applies to one may not apply to another.
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