ISPs holding Copyrighted material after DMCA?

The offending web site was taken down, the isp continues to hold my image

[willjan]

I've issued quite a few DMCA complaints against ISPs hosting my copyrighted material. Most, if not all, have shut down the offending image on their clients websites.

But, a few, still keep my image posted on their servers, which makes linking to other sites easy. My understanding is that an ISP must clear their own site of an offending copyright, but they just won't do it.

Any experience from others? It is in the USA, and according (as I understand it) they have now themselves become copyright infringers.

Is it worth going after them?
Willjan

[Rolf21]

If they are only small companies you might not get anything from chasing them, except some satisfaction when you finally get them to comply.

If, on the other hand, they are making money from it or they are fairly big companies that should know better then you would probably have a fairly solid case aginst them. If so you could expect to get costs plus damages/royalties if you were successful, and possibly some good publicity for your work.

Either way, if they're in the USA you should be able to force them to comply with the DCMA with the help of a specialist Intellectual Property lawyer.

IP Lawyers aren't cheap (are any?) so be warned - you might run up a hefty solicitors bill before you're done.

[willjan]

Both are very large companies and I don't see them making money, since there are no links. I just don't understand why the insist on keeping my image on their servers.

One claims, even when given a full feedback to its location, not to be able to find it. Incompetence or malicious?

Willjan

[Rolf21]

being a big company I would take a guess at incompetent!lol

Either way, if you have clearly and unarguably given them the opportunity to comply and they haven't taken the opportunity then they have breached your copyright and you would have some kind of claim against them.

Personally I would send a letter to their legal department stating the case clearly, providing all the information they would need and a clear time limit of 30 days to comply - make sure someone has to sign for it at the other end so you have proof of receipt.

If after 30 days they have not complied it becomes a willfull and intentional breach and you should have a pretty good claim against them for expenses/damages.

FYI - I have many years of experience with IP in the UK and, although to the best of my knowledge the laws work much the same way in the USA, I'm not a lawyer and would suggest getting the advice of one if you want to persue it further than this.