BUSINESS CORPORATE LAW GROUP
The Vethan Law Firm, PC

We are an AV™ rated law firm and Board Certified in Commercial
and Consumer Law by the Texas Board of Legal Specialization.

Do you own a website? If so, your content is likely being stolen, whether you know it or not. Internet copyright infringement has become so rampant that it’s the rule rather than the exception. However, there’s good news— the Digital Millennium Copyright Act (DMCA) includes a provision, referred to as the DMCA takedown notice, that can protect you against copyright infringement.

The DMCA takedown notice

Part of the DMCA is the Online Copyright Infringement Liability Limitation Act (OCILLA). Savvy website owners can use OCILLA as a powerful weapon against copyright infringers by following its DMCA takedown notice procedures. Specifically, if you find a website that is stealing your content, you can send its host a statement that you are the copyright owner of the content, and that the site’s webmaster is infringing on your copyright. According to OCILLA, the infringer’s host can gain immunity from aiding the infringer (“safe harbor”) by taking down the stolen material. Since most web hosts fear lawsuits, they will gladly take the content down.

At that point, if the infringer realizes he’s been caught, the confrontation will probably end. However, if the infringer sends a statement to the web host that he is not infringing on your copyright, and the material was wrongly taken down, then the web host will put the material back up. By this time, unless you file a lawsuit, your stolen material will remain on the web.

An effective weapon against internet copyright infringement

Since most people who have stolen copyrighted material want to avoid trouble, a prolonged dispute is unlikely after proper DMCA takedown notice. Those who utilize DMCA takedown notices will usually find them to be a quick, easy, powerful weapon against fighting internet copyright infringement. On the other hand, if the infringer’s web host is offshore, threats of liability in the US may not be as effective, in which case pursuing other options may be necessary.

How to find out if you’re the victim of internet copyright infringement

To find out whether your copyright is being infringed, type in your website’s URL into copyscape.com. You may be surprised at what comes up. Keep in mind that you don’t need to register your work with the US Copyright Office or use the © symbol to be a copyright holder. The second you post a word or graphic on your website, you automatically own the copyright, and anyone who steals your material thereafter may be liable.

Houston copyright lawyers help protect your rights

If you think you’ve been the victim of internet copyright infringement, the experienced copyright attorneys at The Vethan Law Firm, PC can evaluate your situation and guide you through DMCA and other means to stop infringers. Call The Vethan Law Firm, PC today at (713) 526-2222 to schedule a free consultation.

Unless otherwise indicated, attorneys listed in this site are not certified by the Texas Board of Legal Specialization. This web site is designed for general information only.
The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.

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