Copyright Issue. Kindly Advice

Discussion in 'Legal Issues' started by EvaBrown89, Oct 29, 2012.

  1. #1
    Hello guys,

    I'd like to ask you the following. Recently I found out that someone sells my themes on his website without my permit. I have already sent him numerous emails saying to remove my works from his website, otherwise I'll be forced to take some measures regarding copyright law infringement. But nothing had changed since then, he still keeps selling my works. I don't know what to do indeed. Should I write a request somewhere? Please advise what to do next.

    Thank you.
     
    EvaBrown89, Oct 29, 2012 IP
  2. Antonin Artuad

    Antonin Artuad Peon

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    #2
    File a take down notice with the DMCA agent of the actual hosting company (not just a reseller) and Google under the Digital Millennium Copyright ACT (DMCA). If it is in your budget, get an attorney to send a cease and desist letter to the infringer, threatening legal action, and seeking costs of attorney's fees and either actual or statutory damages.

    Good luck!
     
    Antonin Artuad, Oct 29, 2012 IP
  3. EvaBrown89

    EvaBrown89 Member

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    #3
    okay, thank you so much for a hint
     
    EvaBrown89, Oct 30, 2012 IP
  4. johnypages

    johnypages Peon

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    #4
    one time someone did something similar to me and i contacted the hosting company and they shoot the website down i sent him a fake letter from a lawyer and after 2 days he had paid me some money to my paypal, it was fun but at the begin i was pissed.
     
    johnypages, Oct 30, 2012 IP
  5. Antonin Artuad

    Antonin Artuad Peon

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    #5
    (1) search "DMCA take down notice," (2) determine who the actual hosting company is, (3) find out who its agent is and what notice requirements it has, (4) do a search for the Google DCMA agent and its requirements, (5) draft and deliver the notices to the DMCA agents, and (6) schedule meeting with an attorney experienced in copyright violation matters (not necessarily in that order).

    Just a general observation on how such matters sometimes get addressed. This is not legal advice. Seek the assistance of a appropriately licensed and experienced attorney.
     
    Antonin Artuad, Oct 30, 2012 IP
  6. blockdos

    blockdos Active Member

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    #6
    DMCAs can sometimes work depending on the host/isp but sometimes they do not and there is nothing you can do. However, go at it the best you can. Send DMCA and abuse emails to isp, domain registrar and anywhere that links the site. And if you can find some phone numbers to reach someone that can do something - either the site owner or host, then call the heck out of them.

    There are DMCA generators out there on the net you can use to help you make a legit one.

    If its hosted somewhere like ecatel, about anywhere in asia, then there is not much legally you can do.
     
    blockdos, Oct 30, 2012 IP
  7. purpletentacle

    purpletentacle Peon

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    #7
    I think this is why many free themes have watermarks, links and other logos plastered over them, to protect the copyright of the creator.
     
    purpletentacle, Oct 30, 2012 IP
  8. rocksman

    rocksman Member

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    #8
    I have also facing same types of prob. when I created my site, I checked the copyscape. Total content was copyscape free. After some months later, I found, my site content has been stolen by other sites, even full paragraph of a content. many using article post on some free article sites with my site's content. what could I do now?
     
    rocksman, Oct 31, 2012 IP
  9. Business Attorney

    Business Attorney Active Member

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    #9
    Do the same things that are discussed above. The fact that you've discovered it "some months later" makes no difference.
     
    Business Attorney, Nov 1, 2012 IP