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Author Topic: copyright question  (Read 1059 times)

cara

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copyright question
« on: 05-03-11 at 10:41 am »

I have a pamphlet and I have a registered copyright for it. I use the content also on my website but I don't have any copyright registered for my website. Someone is using the same content on his website.

Can I go after the guy just based on my pamphlet copyright registration or do I have to register even the website content?

THank you.
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artchain

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Re: copyright question
« Reply #1 on: 05-03-11 at 02:25 pm »

If you are the author of the material, then you own the copyright on the content in all forms.

Registration is not even necessary, though it does provide some additional rights.

So yes, you can take action against the website that is using your material.

Usually, the fastest and  simplest way to get the material removed is by submitting a DMCA "takedown request" to the sites' hosting company.



cara

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Re: copyright question
« Reply #2 on: 05-05-11 at 12:58 pm »

Thank you artchain!

Do I need to have my copyright registered in order to send a DMCA notice?

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Kaitlin

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Re: copyright question
« Reply #3 on: 05-05-11 at 03:28 pm »

I'm a tad concerned about use of the term "content" here and just want to clarify: 
When you speak of the (presumably) infringing website having the same "content" as your website and published pamphlet, I assume, and believe Artchain is also assuming, you mean the offending website actually copies your content.  That is, it not only presents the same ideas and/or facts (which could also be understood as "content"), but does so in the same way you did on your website and/or pamphlet -- using the same phrasing and organization.  It's not copyright infringement simply to use other people's "content" in the sense of other people's ideas or facts they've presented.
« Last Edit: 05-05-11 at 03:34 pm by Kaitlin »
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This post is an off-the-cuff musing and should not be misconstrued as legal advice. THERE IS NO ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. Proper legal advice requires full disclosure of facts-not appropriate to a public forum-and attorney research time and effort which has not been expended here.

artchain

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Re: copyright question
« Reply #4 on: 05-05-11 at 07:12 pm »

Kaitlin, thank you for the clarification.

Yes - I was assuming that the offending website copied the actual text, not just the ideas or concepts.

If that is the case, then a DMCA takedown request usually resolves the matter quickly.

Cara, you *do* have a registered copyright.  Assuming the text on your website is the same as your original brochure, then the original registration applies. 

But even if this were not the case, note that you don't need a registered copyright in order to file a takedown request.  You just need to state that you are the copyright owner (under penalty of perjury if you are not). 
 



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