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We just had this issue with an image that was used in a national tv ad printed from the web. The image wasn't registered and the legal fees were much higher than the value of the image. If it was registered it would have been much easier to claim and would have had a higher infringement award automatically.
also before bothering with an attorney make sure your articles are recorded in the US Copyright office or you may be out of luck anyway.
Not necessarily. There are several approaches you can use to get stolen articles removed even if not registered with the US Copyright office.
The image wasn't registered and the legal fees were much higher than the value of the image. If it was registered it would have been much easier to claim and would have had a higher infringement award automatically.
If you received this information from an attorney, I suggest a second opinion from another attorney with a specialization in intellectual propery law.
Not to nitpick but words mean things and can give people a false impression. Terms like "infringement "award" and "infringement award automatically" can give the wrong impression.
If registered, there are statutory penalties and attorneys can/will ask for a settlement amount from the thief as a means of the thief avoiding court proceedings.
I believe this post was moved here from the AdSense board - are you or the thief an AdSense publisher?
See these links:
Also, have you visited the site where the articles were submitted? The better sites have information on how to notify them if your content was submitted by someone else.
Have you contacted the ISP's for the sites where the articles are appearing?
I am an Adsense publisher, the thief has a shop in the UK. I have already notified the free reprint articles site, but they have ignored my emails (their ranking on Alexa is just over 1000). I have also notified some of the site owners who unknowlingly posted one or more of the copyrighted articles. Thing is, there are so many reprints now (in less than a month) because the person who writes most of my articles is expensive, but really very good.
[edited by: SusanPilot at 5:56 pm (utc) on June 9, 2009]
From what you say about this, you are exactly the kind of person who should be protected by the provisions of the DMCA. If you keep pushing you should be able to get satisfaction.
The author is working with me. I have already decided, no matter how big or small the sites are, or if they have published the articles knowingly or unknowlingly, the articles are mine and I will fight for the exclusive rights. I have paid for them, after all. Will keep you posted.
If the various article sites do not respond, then send takedowns to Google, yahoo and microsoft. People start noticing when their traffic from search engines starts to dry up.