If I own the copyright can I make a site remove my content?

Discussion in 'Legal Issues' started by 1associate, Dec 6, 2010.

  1. #1
    A website which has published some of my articles has now blocked me. I don't want it to continue making money from my articles. If I request that they remove them will they have to? They make money from AdSense from the articles should I contact Google about this issue? :mad:
     
    1associate, Dec 6, 2010 IP
  2. attorney jaffe

    attorney jaffe Member

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    #2
    Maybe. It is going to depend on the TOS of the site you uploaded to. If you grant them a license by posting they are entitled to keep the content.

    On the other hand, if the TOS does not grant them a license, or is silent on the issue, I believe you can send them a takedown notice under the DMCA.
     
    attorney jaffe, Dec 6, 2010 IP
  3. dscurlock

    dscurlock Prominent Member

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    #3
    The question is, would the host honor that request? You would be asking a host to suspend a paying clients account because you are upset about articles.
    If I was the host, then I would simply refuse your request...I just do not see any type of atty taking such as case, you willfully gave them the articles...(tos or not)
    unless you have a signed contract upfront, and still I think this would be sorta weak at best...unless they remove your articles...I just do not see anyone going to jump on this....
     
    dscurlock, Dec 6, 2010 IP
  4. CrazyCraptic

    CrazyCraptic Peon

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    #4
    Not only should u send a DMCA, you should threaten the host that you will contact the datacenter aswell. I've heard of clients' DMCA's being rejected but there is basically nothing you can do besides a court order.
     
    CrazyCraptic, Dec 6, 2010 IP
  5. 1associate

    1associate Peon

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    #5
    If a site's TOS state that the contributor of content keeps the copyright can they stop contributors deleting their content?
     
    1associate, Dec 24, 2010 IP
  6. Ferrari310

    Ferrari310 Well-Known Member

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    #6
    The real question here is why did you get blocked from the website?
     
    Ferrari310, Dec 24, 2010 IP
  7. Imbo

    Imbo Member

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    #7
    Honestly, it's apparent that you are upset. But the fact of the matter is you gave them the content to publish, and chances are it's not making them huge obsene profits.

    Just move on and focus on making money, rather than worrying about if a website is using content YOU GAVE THEM.

    If you really want to, send them a DMCA request. If they take down the content great, if not just move forward and forget about the whole thing.
     
    Imbo, Dec 26, 2010 IP
  8. Yuuko008

    Yuuko008 Member

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    #8
    You should try to send google adsense a complaint. And try to send DMCA a notice about this also. But the final decision will still be at the hosting/datacenter of the site that's using your content. If they didn't grant your take down request then forget it and make more articles instead. Earn more money :)
     
    Yuuko008, Dec 27, 2010 IP
  9. plummet

    plummet Peon

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    #9
    I send out hundreds of DMCA Notices and they work 99% of the time. Go to http://whois.domaintools.com and ping the web site URL where your property is posted and you will locate the firm hosting the offending web site. You will need specific URL's. Send the DMCA to the hosting web site and that usually works. Use a proxy to get back into the offending web site to locate all URL's. The fact that they banned you, in my opinion, probably means they are sleeze bags. Google has never, in my experience, done anything to help copyright enforcement, but try them anyway.
     
    plummet, Dec 27, 2010 IP
  10. WordyDivas

    WordyDivas Peon

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    #10
    Complain to the hosting company, file a DMCA notice, and continue to use your content yourself.

    If you can prove that you own the content, you've asked the site to remove it, and they are ignoring you chances are the hosting company will shut down their entire site.

    Don't let someone benefit from your work. It is one thing to make an honest mistake, and another thing to carry on after someone as specifically asked you to stop. If you have proof that you created the content and did not give the site permission to use it then you really should have no problem. Hosting companies do not want to get caught up in a copyright issue.
     
    WordyDivas, Dec 28, 2010 IP
  11. Ferrari310

    Ferrari310 Well-Known Member

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    #11
    Lets put it this way, if you violated there TOS and got banned then its your fault and you submitted the content so they have full copyright of the content. If they banned you by mistake or because they felt like it then you have the full copyright and you can take any action against it for stealing your content fraudulently.(Website Scam, just like stealing money via Credit Card Fraud)
     
    Ferrari310, Dec 30, 2010 IP
  12. kapisoorseo

    kapisoorseo Active Member

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    #12
    You should try to send google adsense a complaint ..
    Google AdSense DMCA complaint form

    * Required field

    Google AdSense is a program for web publishers who want to display advertising on webpages they control. By placing AdSense code on their webpages, the publisher can display ads that are relevant to the content readers see on the pages. Publishers, not Google, control what pages have ads and the content of those pages. Accordingly, we encourage copyright owners to resolve their disputes directly with the webmaster of the page(s) in question.
     
    kapisoorseo, Dec 30, 2010 IP