Infringement Question

Hello I'm just curious.. I want to ask if example I have a company which is in the US and we're making copyrighted videos and then a website is illegally embedding some of our videos. What if the owner of this website is not from the US and the website owner's country don't have any law regarding infringement/copyrighted material. Can I still sue the owner? What action can I make? Who will I contact?


Thanks in advance!

 

Anyone?? Thanks

 

Suing someone outside the US would be tough. However, you might check where the website is hosted and who the domain registrar is. If the web host or registrar are in a country that recognize your copyright, then you might at least get his site shut down.

 

If someone is violating your copyright by displaying the videos in the United States, they are violating US copyright law.

There are several problems enforcing any action against the violator.

First, if you want to sue in a US court, you have to establish that the court has jurisdiction over the violator. In other words, does a US court have any power over the defendant?

Second, even if the US courts award you a judgment for the infringement, if the violator has no assets or presence in the US, you have to go enforce the judgment where the defendant is. If the country the defendant is located in does not treat the activity as a copyright infringement under its own laws, it may be very difficult to get a court in that country to enforce a judgment for damages or even injunctive relief.

 

agree - this is the most direct and likely first step to take -- focus on "cease and desist"; if it's hosted in the US or other major western country, they're much more likely to cooperate and take the material down. find out where hosted and look at the Hosting TOS for some language to make your case and ask for their enforcement of their own TOS.

keep us posted so we know how it goes

 

How about the organization that handles all the domain name like net com info? I forgot what organization is that, can they disable the domain or delete the domain of the alleged violator?