Getting a site removed

Discussion in 'Legal Issues' started by Sohan, Nov 24, 2006.

  1. #1
    Hey,

    Basically, me and some one else made a site for this guy (bollywood actor) and basically he owns a resteraunt too. We completed the site, and uploaded it for him, then I forgot all about it.

    Few months later, I hear the site on the radio, so I thought I'd chase it up. He's refusing to pay, and he's removed our copyright.

    How would I go about getting the site removed?

    ~Sohan
     
    Sohan, Nov 24, 2006 IP
  2. Smyrl

    Smyrl Tomato Republic Staff

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    #2
    If hosted in US you might have luck going through his host.
     
    Smyrl, Nov 24, 2006 IP
  3. fathom

    fathom Well-Known Member

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    #3
    Well first... did the "someone else" forget about it to?

    It would be wise to thoroughly check.

    Do a DMCA takedown order with host and all search engines (simultaneously) and send an official C&D to the guy.
     
    fathom, Nov 24, 2006 IP
  4. Sohan

    Sohan Peon

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    #4
    What's a DMCA and C&D?
     
    Sohan, Nov 25, 2006 IP
  5. fathom

    fathom Well-Known Member

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    #5
    The DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) OF 1998 protects the exclusive rights of the author within the United States. Since 1998, many other countries including Canada, most of the European Union, Australia and others have enacted their own legislation based on the original framework of DMCA.

    DMCA brings copyright law up to date with digital age. In part, to aid the protection of digital works.

    A C&D is a Cease & Desist Order advising the recipient to STOP using (or doing) what they are allegedly doing illegally.
     
    fathom, Nov 25, 2006 IP
  6. D'Godown

    D'Godown Well-Known Member

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    #6
    DMCA is a copyrights and intellectual rights act of federal govt.
     
    D'Godown, Nov 25, 2006 IP
  7. AgileHosting

    AgileHosting Peon

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    #7
    At any rate, seeing as you don't know what the DMCA and C&D are ... get thyself a lawyer immediately. A lawyer knows about these things, they can look through your situation in detail and lay out a course of action for you.

    If the site is really worth something to you, a few hundred dollars' cost is a worthy investment in protecting your rights. You might even be able to recuperate your legal fees, too, talk to your lawyer about that as well.

    By the same token, if you have essentially no rights to the work (which could conceivably be the case if you worked with no written contract) most lawyers will do a free initial consultation, they don't want to take on a case they won't win and won't get something out of. So at least go after that free initial consult to get an idea of where you stand.

    :D Bailey
     
    AgileHosting, Nov 25, 2006 IP
  8. Sohan

    Sohan Peon

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    #8
    I don't live near any lawyers or solicitors
     
    Sohan, Nov 25, 2006 IP
  9. slipxaway

    slipxaway Active Member

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    #9
    Even without a contract, being the original creator, you retain full rights to the work. If you did have a contract, you might of signed over those rights depending on how it was worded. The thing I have to ask though, is how do you create a website for someone who is supposedly paying you for the work, complete the work, and then forget it about it for months? And if this is how you operate, I have some work I'd like you to do for me :)

    I agree with other posters, send a C&D and if he refuses to remove the copyrighted material, file DMCA with his host, registrar, and all the major search engines.
     
    slipxaway, Nov 25, 2006 IP
  10. poseidon

    poseidon Banned

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    #10
    so does DMCA covers work of those authors who are not in USA but there sites are hosted on US servers ? what if the "copier" is not from US ? what if the copied work resides on datacenter of other country ?
     
    poseidon, Nov 26, 2006 IP
  11. AgileHosting

    AgileHosting Peon

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    #11
    Then borrow a car, get on a bus, hitch a ride, whatever. That's why things with wheels were invented. :) I don't live near a lawyer/solicitor who is qualified/experienced in intellectual property law either, so I would make some phone calls, make an appointment and drive where I need to go.

    :) Bailey
     
    AgileHosting, Nov 26, 2006 IP
  12. AgileHosting

    AgileHosting Peon

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    #12
    This is not at all necessarily true. It depends upon where the parties live, what kind of verbal agreements they had, how things were said, etc. None of us here can begin to say "yes you own it" or "no you don't" -- none of us were there for any of the meetings, etc. Such details would only come out in depositions from all parties, it's certainly not going to come out accurately in forum posts. :p

    The ownership is determined by the written, signed contract. If there is no written, signed contract, this needs to be dealt with by a lawyer.

    :D Bailey
     
    AgileHosting, Nov 26, 2006 IP
  13. AgileHosting

    AgileHosting Peon

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    #13
    The DMCA is a U.S. law, so it only applies to U.S. citizens and U.S. businesses.

    No, a data center outside the U.S. cannot be forced to comply with U.S. law. But, if any of the parties along the way (host, reseller, etc.) are U.S. citizens, then the DMCA can apply to them.

    Remember, not everyone on this board is from the U.S., and laws regarding copyright and ownership vary in each country.

    :D Bailey
     
    AgileHosting, Nov 26, 2006 IP
  14. ladybiker

    ladybiker Peon

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    #14
    Check with a competent copyright attorney.
    In the US, if it is a work for hire, unless a contract exists which says the worker retains all copyright, the person who hired has a good case for claiming copyright. If the hiring person has not yet paid according to terms of the contract, payment for the work can be enforced, but attempting to gain copyright due to non-payment can be difficult.
    Similar situations: A salaried reporter for a newspaper. The reporter is the author, but it is a work for hire, and the newspaper owns the copyright. Same situation: staff photographer for a magazine. Different situation: freelance photographer who takes some photos and sells the photos to the magazine - typically, all rights are transferred. Another situation: freelance photographer retains copyright but licenses the use of photos by a magazine. The contract is key in determining how a court will interpret ownership.
    Were you doing work for hire? If so, demand payment. Expect more? Get advice from a copyright attorney.
     
    ladybiker, Nov 26, 2006 IP
  15. Barti1987

    Barti1987 Well-Known Member

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    #15
    You gave it away (didn't follow up, your intent), thus your orginal work rights are transfered to him.

    It is like if I make an invention, then I give it to someone, he takes care of it, if I do not protest for a long period of time, then the invention becomes famous, you can't get it back, because you gave it away willingly.

    If he can prove what you said, you are out of luck.

    Again you should talk with a lawyer, I am not one!

    Peace,
     
    Barti1987, Nov 27, 2006 IP
  16. tke71709

    tke71709 Peon

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    #16
    He never gave it away, he simply didn't get paid for it at the time.

    There is no statute of limitations on a contract.
     
    tke71709, Nov 28, 2006 IP