I have recently added a MySpace layout section to my existing arcade site. All our layouts are made from wallpapers found on the net, a custom made contact table made from images from the net and an original MySpace Network banner. We have left our logo on the top corner and a link in About Me section. I just found out today that a site has lifted it and used it as their own although they have that "thisdomain.com does not claim ownership or rights over images and other content hosted on this site." bullshit in their footer. What they have done is copied and saved a copy of the screenshot of the layout to be shown on their site. They have replaced our logo in the top corner with their own and changed the text link pointing to their site. They have copied our code source and once their visitor has place this code into their profile, they are in fact hotlinking to us with their logo on it. What options are there for us to take apart from: - ask the site owner nicely to take it off - threaten the site owner to sue/get their adsense account and hosting account baned I do not want to let this go because we pride ourselves on making high quality layouts we take a lot of time over some of the layouts. What other options are there and what would you guys suggest in what order I should proceed? TIA
I have to agree here. This is something that really frustrates me about the myspace websites. Ever since the stupid "layout snatcher" script came out it has been an all out war to keep other sites from stealing my hard work. Your best bet is to use .htaccess to allow your images to only show on myspace.com and your own site. Then, you can set it up so that when an image is requested for preview on a site that has stolen your work, they are served a large image that says "To get a legal copy of this layout, visit, www.blahblahblah.com;) It's a sneaky trick, but so is taking credit for other peoples hard work! Envision
Does this mean that you used images and wallpapers that are in the public domain or do you have a license to use the images? You might not be able to do anything about the parts of the layout that use freely available images. You could file a DMCA notice with Google and their hosting provider for your original material they have copied. Here is the format Google wants you to follow: http://www.google.com/dmca.html You can check with the hosting provider as to what format they want.
lol this is too funny. You ripped wallpapers and other images off the net and you're complaining about people stealing your work. Dude, you're no better then the people that are ripping 'your' layouts.
I get your point but there will be no myspace layout without using images in the public domain. If I have infringed on other copyright, it is up to the respective owner to come after me. I am complaining about our own content being copied, hotlinked and used as if it was created by the thief. Regardless of your comment, there is original content in the said layout.
Note that "public domain" does not mean "found on a Google image search". Public domain has a specific legal meaning. And you are wrong here. I've seen lots of nice myspace layouts that are completely the original work of the person who made the layout. I love the "I'm going to steal stuff until someone catches me" attitude. Take a peek over in the Getty images thread - there doesn't have to be a warning, you might just end up owing $$$$. Oh yeah, and anyone who uses your layout is also liable. Great business plan. Envision gave you a good option for what to do about the hotlinked images. Unfortunately for you, you can only get stuff taken down that you have the copyright to, so you can't legally do anything about images (or anything created from images) that are copyrighted by others.
In essence, it is perfectly justifiable to steal from a thief, murder a murderer, rape a rapist and the victim has no cause to object. Case closed.
That's not at all what I said. The bottom line, though, is that if a thief has his stolen goods stolen, he can't go to the police and file a report. The DMCA is a powerful tool for copyright holders to use against copyright infringers. If you don't hold the copyright on the material that was stolen from you, you simply don't have any legal recourse.
Yeah so I suggest you suck it up and take the hit, because crying about it won't get you far at all. Just accept it son.