I have got to know a month back that a website is using our photographs and claim as their own. Actually we have a group here and they have copied our photographs and claimed as their own activities. They are hosting in webhostingpad.com and when I sent them an email they said that they only entertain claims when it is sent on a paper to their office. I did that too. But now after one month when I asked them they said we cannot close the account because there is no court involved. They will close the account only if court will order. What should I do now? I am based in India by the way
Get a good lawyer and ask him to send a C&D notice to them, that should be pretty cheap. Ask him to make use of the DMCA. Send webhostingpad a DMCA notice and fax a similar notice to Google.
An Indian lawyer should suffice, if you can afford to hire a legal consultant of the WHP area, it'd be even more better.
And is there any consumer forum in US to file a complaint against WHP? Because we followed what they asked and still they did not take any action.
Doesn't matter what webhostingpad's tos state. Once they receive notice of a copyright violation they are required by US Law to take down the information, otherwise, they will forfeit their legal immunity for being a host. However, in your claim you must furnish proof of copyright ownership, or the ability to act on behalf of the copyright owner. If you wish to make a complaint against them, try www.webhostingtalk.com. Its the top web hosting discussion forum out there. Currently down due to database issues though, and has been for about 6 hours, but, check frequently. Personally though, I would hire a US Copyright lawyer instead of an India based one, simply because if you go to court you are going to have to be in a US court. Is it really worth going to court over? Only you will know. However, you MUST follow the DMCA guidlines if you are filing a DMCA notice. Send a C&D from your lawyer to both the host and the people using your materials. Also, find out what datacenter they are in and send the notice to them as well. The DataCenter has more of a chance of acting on it than that host does.
Hosts that aren't US based can ignore DMCAs and will. Also, if the other party files a counter, they can put it back up as far as I remember. And in future, WATERMARK your images, so even if someone steals them, they are very hard to change.
I am aware of that. Which is why I said under US Law. Please, look at this . IL is a US State. Doesn't matter if the other party files a counter or not. If the person making the DMCA notice/C&D shows they are the original copyright owner, without the other party refuting that showing they are, then you are required to take it down or loose legal immunity. I have researched this extensively as well as been given legal advice on this matter.
You don't need a lawyer to send a C&D notice. You can find them easily on the Internet to do yourself.
http://whois.domaintools.com/webhostingpad.com Scroll down until you see IP Location. Looks like Omnis. I'm not sure thats the data center though. But, it is who the IP is registered to. You are going to have to provide proof that you own the copyright to the photographs though. Here is their contact info or 310-347-4075. Any good host will take no action unless there is a court order, or it is obvious.
I had sent a written letter to WHP, as I stated before, I think that letter reached there office a bit late. Upon contacting them for 2nd time, they again forwarded me the same email that I shoould send in written and they dont accept letters. And when I have told them that I did, they suspended the account. I did not get any notice from the court. But I was about to get, but they suspended the account without the notice. The content has been removed by the other website owner.