HELP! I FOUND AN INFRINGEMENT! WHAT DO I DO?

• Published in: Copyright & New Media Law Newsletter Vol. 14; no. 1; p. 3
• Main Author: Wright, Carolyn E
• Format: Trade Publication Article
• Language: English
• Published: Austin Digital Information Law 01.01.2010
• Subjects: Attorneys; Breach of contract; Copyright; Declaratory judgments; Fees & charges; Infringement; Internet; Internet service providers; Licensing; Metadata; Photographers; Websites
• ISSN: 1206-8586

Research the infringer 's website to find his name and contact information. For example, if the infringer is a corporation based in the United States, consult the state 's Secretary of State's website. You also may be able to find a contact name by searching the website's "who is" information. Several websites provide free "whois" services, such as http://www.whois.net/. Due to the U.S. Digital Millennium Copyright Act ("DMCA") enacted in 1998, the Internet Service Provider ("ISP") that hosts a website is not liable for transmitting information that infringes a copyright only if the ISP removes the infringing materials from auser's website after receiving proper notice of the violatioa The notice must: be in writing, be signed by the copyright owner or the owner's agent, identify the copyright-protected work claimed to be infringed (or list of infringements from the same site), and identifythe material that is infringing the work. Additionally, the notice must include the complaining party's contact information, a statement that the complaint is made in ' 'good iaith," and a statement, under penalty of perjury, that the information contained in the notification is accurate and that the complainerhas the right to proceed (because he is the copyright owner or agent). Even if you do not reside in the U.S., you may use this great tool, the DMCA takedown notice, to stop an infringer whose ISP is in the U.S. from using your work. Your most aggressive option is to pursue your legal remedies by filing suit. Unlessyoucreatedtheworkoutside of the United States and in a country that is a signatory to the Berne Convention for the Protection of Literary and Artistic Works, you must register your copyright with the U.S. Copyright Office, hopefully before but at least after the infringement. If you created the work in a country that is a signatory to the Berne Convention (see list of member countries at www.wipo.org), you do not have to register in the U.S. to protect your copyright or to file an infringement lawsuit in the U.S. However, if you do, then you may be entitled to statutory damages and attorneys ' fees. If your work was not timely registered for this infringement, you may want to register it for future possible infringements, as well, to be eligible for statutory damages of up to $ 150,00OUS per willful infringing use for each work. Legal fees and costs also may be recovered from the infringer.