I found images and exact copyright (about 15 pages in total - (our site is informational- they are using the content for sales)) content of ours being used on another website. They set up the site using Frontpage, from what I can tell with that horrible leaf background. Their site just registered earlier last year. I sent notification to the website owner to remove the material promptly. No reply. I notified the web host with the whole "certify under penalty of perjury" provisions as provided by what copyright law requires. I'm contacting them through their help control panel, meaning I have a whole transcript of our communications. They keep telling me that I must "prove" that the content and images belong to me by providing a copy of registered copyrights from the USPTO through USPS mail. I see nothing under copyright law that requires the requesting party to do such a thing. Thinking maybe the web host is not familiar with The Digital Millennium Copyright Act of 1998 & copyright law, or maybe this is a loophole for web hosts i just haven't heard about? I live in the same state as the offending party and would have no problem driving down there and taking care of this in court, should the need arise. I'm going to try and ask politely , one more time for the material to be removed, then I will be contacting a copyright lawyer for damages from both the website owner and hosting company. Is there any specified time I "have" to wait for the material to be taken down after the first request?
If you have not registered the copyright, then the only damages you can sue for are actual damages that you can prove. That being said, you still have the right to have the content removed. A lawsuit would be an expensive way to do this, but it is an option. Under the DMCA, no proof is required to submit a takedown notice. However, if the host won't comply, the only recourse I know of is a lawsuit.
These discussions I find entertaining. Simple fix. A disclaimer notice stating that your content is copyrighted by its owners so if any he/she might contact you to remove or credit such work properly. If they do contact you, then you remove it in 24-48 hours. The end. Case in point, Rapidshare.
It is not such a simple fix. 1) The OP is the one with the website content that is being infringed on. He can't remove the content because the infringing site is not his. The offending site is using his content, not the other way around. 2) While many companies will choose the more civil route of contacting a webmaster first to remove content. A disclaimer alone is not enough to give protection from lawsuits. There is a lot that happens behind the scenes with RapidShare that is not immediately obvious by looking at the website.
Since I have dealt directly with Rapidshare, as well as Youtube, Google, MegaUpload, .. on getting my content removed in the past over the years. I am aware of their "behind the scenes" positions. 2 cents