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[gringogigante]

I am an instructor. One of my students went through my class, became an instructor, and completely ripped off my website.

I mean he completely ripped everything (content, graphics, color scheme, overall feel, etc), changed one color, and added his name to the sight.  His web "designer" did such a poor job of stealing that my Google Analytics (business tracking software) password and code is written into HIS site's html. So, everytime his website gets a hit, MY buisness software logs the results as if someone were looking at my actual site.  It's mind boggling...... the laziness of theieves these days....sheesh! He didn't even make an attempt to hide his theft.

1. I was told that the site (which says "Copyright 2009") is copyrighted from the moment of creation, but also that I can't take him to court to shut him down and/or get compensated for damages without it being registered.... is this true?

2. When registering the content of my site online with the Copyright office, what Type of Work is it considered? Literary or visual art?

3. Has anyone here registered a web site with the Copyright office? If so, how easy is the online application and how long does it take to get it registered?

4. Thanks all,

Chris McCollum

[gringogigante]

Just remembered this question:

4. HAs anyone ever hired one of those internet companies that fill out the Copyright registration paperwork for you? I'm thinking about doing it for the sole reason that I don't want to forget to put something in the registration paperwork so that it's not copyrighted. The site I found that does this service for you is only $59, so one wouldn't be out any money really....

Thoughts?

[artchain]

Yes, I believe it's true that you must register your copyright before taking legal action.  I have not used a service to complete the forms, but there is a lot of help and info on the copyright.gov website, and it's pretty easy to fill out the forms yourself.

However, if your objective is to prevent the student from using your design, there is another simple and effective action you can take.

Find the hosting company of their website (you may need some technical help if you don't know how to do that), and then contact them and ask how to file a DMCA (Digital Millenium Copyright Act) "takedown notice."

Under the DMCA, hosting companies are required to remove copyrighted materials, or face legal liability themselves.  I have used the DMCA process a number of times myself to have "stolen" content taken down.  In some cases, the hosting company simple shuts down the entire site.

[gringogigante]

I'm going to call him as ask him to do the right thing first. If he refuses, I'll do the DMVA thing.  If he puts it back up somewhere else, I guess i"ll have to take him to small claims court or something.

Since it's going to take 5-6 months to get the site registered, can I even sue him for stuff he did before it was registered (but obviously copyrighted)?  I understand you're probably not a lawyer and not giving legal advice....i'm just curious.

[Yak]

"1. I was told that the site (which says "Copyright 2009") is copyrighted from the moment of creation, but also that I can't take him to court to shut him down and/or get compensated for damages without it being registered.... is this true?"

It is also my understanding that in order to sue for copyright infringement in federal court, you will need to have a copyright registration for your work.  If you register your web site copyright within 5 years of publication, the registration is prima facie evidence in court as to the validity of your website copyright and of the facts stated in your U.S. Copyright Office registration certificate.  I also believe this is true for injunctive relief through the court to force the website to stop using your materials. 

"2. When registering the content of my site online with the Copyright office, what Type of Work is it considered? Literary or visual art?"

Typically, I would register a website copyright as a literary work since the majority of they authorship is text. You can include visual materials in a literary (TX) copyright.  If the majority of the authorship is graphical or pictorial, then you may want to file as a visual art (VA). 

"3. Has anyone here registered a web site with the Copyright office? If so, how easy is the online application and how long does it take to get it registered?"

I initially tried using the electronic application process in an attempt to save my clients a few bucks on the filing fee.  However, I have run into numerous problems with the online application process, particularly, depending upon they type of deposit material.  So I am back to using the Form CO. It is a simple form to fill out and the filing fee for the paper form is only $50.  I have had copyrights register in 6 months and I have had some that took closer to 18 months before I received the registration certificate from the US CO.

"4. HAs anyone ever hired one of those internet companies that fill out the Copyright registration paperwork for you? I'm thinking about doing it for the sole reason that I don't want to forget to put something in the registration paperwork so that it's not copyrighted. The site I found that does this service for you is only $59, so one wouldn't be out any money really...."

I have had a number of clients who have attempted to file copyright, trademark, and patent applications using various internet sites who claim to help you protect "fill in the blank" on the cheap.  None of them have been satisfied with the results.  Unfortunately they only realize this after they receive a refusal or rejection from the corresponding office.  As far as I know, those websites do not help past prepping the application.  Having an attorney prepare and file a copyright application should not be terribly expensive.  My office only charges a few hundred dollars for it.