Home – New Forums Tech talk Anyone know web content Copyright law?

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  • #978199
    Vilson
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    Hello Friends,

    Some one has just copy and paste my website as it is and just change the Domain name.

    So anyone know what i can Do? how to do complain against them?

    Thanks,
    vilson

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    #1105319
    Ashman
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    vilson, post: 116865 wrote:
    Hello Friends,

    Some one has just copy and paste my website as it is and just change the Domain name.

    So anyone know what i can Do? how to do complain against them?

    Thanks,
    vilson

    Take screen shots of the website and gather as much evidence as you can to start with. Send them a letter advising them to remove the copied content and give them a deadline. If they do not comply and you want to make a claim against them you would have to use a Intellectual Property Lawyer.

    A tool I use to monitor my intellectual property is http://www.copyscape.com it checks for copies of pages on the web.

    #1105320
    MatthewKeath
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    Unless you want to engage copyright lawyers there is not much you can do about it.

    Imitation is the sincerest form of flattery.

    #1105321
    MyGreatIdea
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    I tend to agree with Matthew…your energy would be better spent working in your own business instead of focussing on what someone else is doing.

    Take it as a compliment and move on.

    Wendy :)

    #1105322
    adrian
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    You can request google de-index the infringing page by filling a DMCA (Digital Millenium Copyright Act) request. Here’s the Google page on duplicate content and here’s their DMCA page. You should also send the domain holder a take down notice.

    That said, I probably wouldn’t worry about it. How you execute is almost always more important that some web content.

    Good luck!

    #1105323
    Alex Benedict
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    vilson, post: 116865 wrote:
    Hello Friends,

    Some one has just copy and paste my website as it is and just change the Domain name.

    So anyone know what i can Do? how to do complain against them?

    Thanks,
    vilson

    It is my understanding that your website is your intellectual property minus any third party trademarks etc. If someone has copied your site a cease and desist notice can be filed with their web host. Might be best to talk to someone who has experience with website infringement.

    #1105324
    victorng
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    MatthewKeath, post: 116945 wrote:
    Unless you want to engage copyright lawyers …

    Doesn’t everyone? :)

    If the site is hosted in the US then a DMCA take down notice to their web host can be a quick and dirty way to get results. You need to make sure the take down notice is correct or it will most likely be ignored.

    As others have mentioned, you could send the website owner (not the host) a cease and desist letter – you could do this yourself but most DIY jobs I’ve seen either are legally nonsensical, fail to properly address the issue/s or actually expose the sender to potential liability.

    #1105325
    Allied
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    Hi

    Had this same thing happen to me!

    Issue the business owner with a copyright infringement notice and give them 5 working days (or similar) to remove the content etc from their site.

    Provide screenshots of your webpages and their webpages and list all of the content, images, tables etc that they have copied.

    Inform them that you are the original owner of the content, images etc. Also inform them that you can provide evidence that you are the owner. (E.G. you have draft copies of your website content, evidence that you took the images, designed the tables forms etc.) Don’t provide these up front, wait until these are requested.

    Direct them to the ACCC website pages for copyright infringement.

    If they have copied any testimonials or re-worded testimonials and claimed them as their own, ask for these to be removed and attach a copy of this article from the ACCC regarding copying of testimonials. I have had this done as well by our opposition.

    http://www.accc.gov.au/content/index.phtml/itemId/1016423/fromItemId/966100

    The website design (The look of the website) is not protected by copyright from what I was told. You can also claim some content used on your forms you have designed and ask for the forms to be removed, but they may not need to do this completely. Mainly just your original content on the forms. Obviously and logos and business names as well.

    I have had 8 copyright infringements of the content on my website including like you, a whole website. I have also had on two occasions had some of my testimonials copied by my opposition and re-worded to look like they belong to the opposition businesses. I keep all original testimonials and comments for my business. I was able to produce these in their original format from my clients to have the testimonials removed from my oppositions websites along with the ACCC article above.

    It is extremely annoying and time consuming to sort this out, but do get on to it straight away and be really firm, backing yourself up with documents from the ACCC website. I did all of my own notices and did not require a solicitor to assist, but if the other business does not respond within your timeframe then I would look at engaging a solicitior to get it sorted.

    I wish you luck and I hope you get a speedy resolution.

    #1105326
    JacquiPryor
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    Hi Vilson,

    I am sorry to hear you are having this experience! If the person is also in Australia, you can access ‘fact’ sheets from the Australian Copyright Council on your rights & action available for copyright infringement – http://www.copyright.org.au/find-an-answer/browse-by-keywords/ – they even have one specifically about websites/content. (Search simply on the word infringement).

    Generally speaking your rights in copyright do exist in other countries automatically rather than country-by-country so even if they are outside of Australia you should be within your rights to, at the very least, send a cease & desist letter; taking further action if necessary can become more complicated & costly if they are in a different country to you.

    If you send your own letter – ensure you have fully understood your rights and that the letter is appropriate. As Victor mentioned, often ‘DIY’ letters further damage the sender or restrict there further courses of action etc.. If that doesn’t work, or if you are not comfortable sending your own, seek the assistance of a professional to help. Often a proper letter coming from an attorney or IP specialist will have more luck in resolving the matter quickly than sending it yourself. (IMO you should contact someone to do this for you rather than attempt it yourself). In any event, I hope the matter is resolved quickly for you.

    #1105327
    Vilson
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    Hello Friends,

    Thanks for your feedback..

    i already sent mail to them, but i did not get any reply..

    Also one Question if any one know,

    I do not have any copyright for my website, so do i need that first to take any action?

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    #1105328
    GailH
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    vilson, post: 116998 wrote:
    I do not have any copyright for my website, so do i need that first to take any action?

    A work doesn’t need to have a copyright notice on it to protect it: http://www.publishers.asn.au/index.cfm?doc_id=67

    That being said, it’s a good idea to add one now! :)

    #1105329
    JacquiPryor
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    Gail’s right – copyright exists whether you display a notice or not. (Would certainly suggest that those of you that don’t have a notice at your website – put one there!) – it’s an automatic right (generally) given to the original author/creator of ‘works’ that are categorised as copyright, which generally includes web content – so long as it’s original.

    #1105330
    YourTechNeeds
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    Hi,

    As matthew said.. I don’t think you have much thing to do rather than wasting with lawyers..

    Or else.. Think it as a compliment.. Ur content got copied because ur content was so good. So try to do promotions.. u will be success in the end..

    #1105331
    Allied
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    vilson, post: 116998 wrote:
    Hello Friends,

    Thanks for your feedback..

    i already sent mail to them, but i did not get any reply..

    Also one Question if any one know,

    I do not have any copyright for my website, so do i need that first to take any action?

    Read all the advice here and review the ACCC information available.

    Then, send another letter with a deadline to respond or remove the content plus what action you will take if your content still appears on their website after that deadline. Send them copies of the ACCC facts regarding copyright with your letter. If they don’t remove your content from their website by the deadline phone the ACCC and ask them what the next step for you will be.

    #1105332
    victorng
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    YourTechNeeds, post: 117025 wrote:
    I don’t think you have much thing to do rather than wasting with lawyers..

    I do know some lawyers who like getting wasted.

    Allied, post: 117035 wrote:
    If they don’t remove your content from their website by the deadline phone the ACCC and ask them what the next step for you will be.

    They will tell you to go sort it out yourself – it’s a private dispute.

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