A guy copied my website design without permission

Is it possible to file DMCA in this case?

[santocki]

Hi everyone, about 40 days ago, a guy sent me an email telling me that he bought a classified script (the same script I am using) and saw my site on developer's link and liked my site's design. So he asked me if I can share it with him, of course I said it is impossible because it took a lot of effort to come out with a unique design, and classified categories on the front page.

About 10 days ago, I visited the developer's site just to seek for the update release for the script. I clicked all the new listed sites on the site to see how others have customized the site design, and I saw a site that is using my design, and was very shocked. He even copied my Terms of Use, Privacy Policy and just changed the site name. The only thing he did change was the header part where Logo and Banner are located.

I already tried to contact the webmaster twice, but without success. It seems that he is just ignoring my messages. I even tried to contact the hosting company, but they replied that they can't do anything about it. The site is a Canadian Classifieds using a Canadian hosting company, and I am in US.

I wonder if DMCA is also applicable in this case.

[martinibuster]

File a DMCA with Google. If the domain name registrar is in the US, you might want to check if filing a DMCA with them might help your effort as well.

However, you should first send a certified letter to their address on record with the registrar. If it's bogus, you should let them know. :P

[santocki]

I just visited the site again, and I can see the he have changed the Terms and Privacy texts.

But can I still file DMCA? I only have seen people posting messages about contents copyright, but not design.

[stapel]

It is my understanding that "formatting" cannot be copyrighted. But artwork can. I'm not clear on which aspect the other guy copied. If it's your arrangement of the template components, then copyright might not apply. If it is your original artwork, then it may.

In either case, however, US-specific processes (such as DMCA filings) would be unlikely to apply to non-US hosts. But I would definitely try to determine the copyright policy of the Canadian host, and try to follow whatever process it outlines for redress of grievance.

Eliz.

[Harry]

Being in Canada is not protection enough for the guy. You can sue him in the US (or threaten to) and most likely he would have to comply. If he was in zimbabe (sorry folks from zimbabwe) he could get away with it, but in Canada, this guy is toast!

[santocki]

Thanks for the replies.

I found the correct hosting company serving his website after contacting his domain name registrant. I have sent an email to his hosting company that I hope he can change the design as soon as possible and end this issue in a peaceful way.

Let's see what happens.

Has anyone had any experience with copyright issues with sites hosted on remote locations besides US like Russia, China, Africa? What if somebody violated the copyrights? If he uses the US domains, I think we have more chance, right?

[Candid India]

Please let me know if this has helped you. We are facing a similar problem (if not same) and would like to share your experience.