So I hired a freelancer to write an ebook that I am selling online. Today I received a DMCA stating that the ebook was taken from another site. I did some research and apparently that was the case. How should I proceed with this? I am located in Mexico.
If your freelancer delivered copyrighted material, you will have a claim against the freelancer, but you have no right to use the copyrighted material. You need to remove it immediately. If your site is hosted in the U.S., you have no choice but to comply with the DMCA takedown notice. While the DMCA itself can only extend to persons who are in some way subject to U.S. jurisdiction, virtually all countries have copyright laws that make infringers liable for damages. Upon receipt of any kind of notice of infringement (whether a DMCA notice, a cease and desist letter or otherwise), the best course of action once you determine that there is infringement is to promptly remove the material from your website and let the owner know that you have done so.
BusinessAttorney, I am sure DMCA gets 1000's of true and false claims...how do they have time to do this? and how do you fight a DMCA? how do they determine that this was not the Op's work, and they stole it from him?...he said, she said..I think the litigation would go on forever... Does this mean if i setup a forum, and someone places copyright content on my forum, will I get a DMCA notice? I am sure ripoffreport.com gets lots of false claims, they are still around...why dont they get a DMCA notice..?
is there an offical govt link for submitting DMCA? If not then I think dmca is nothing more then a well written email, even though the govt created dmca, I have yet to see any govt link online that accepts dmca, and enforces dmca...the only place that i found that you can submit a dmca request is via google, and google is not the govt, if this is law, then the govt should be running dmca, not google... But this is not what I meant above...I am saying that every dmca notice is not legit, the system gets 1000's of complaints, maybe even daily, do you think every one is legit and valid? Wa-Wa my content, my naked photos, my articles are showing up on someone elses websites. If you do not want your stuff on other websites, DONT PUT THEM ONLINE. GET A JOB...
The only way you can fight a DMCA is to file a DMCA Counter Notice. If you file a DMCA Counter notice you can keep your content up, but then the copyright owner can file a lawsuit to force you to take it down and seek damages.