Page 3 - Website Copyright Infringement and DMCA Procedures

It's a pickle but legal issues usually are.

The best thing you can do is register your copy. You can add a complete website for $45 (in USA, $50 in Canada) and that is sent as a CDROM/DVD version and a printed copy... and get your certification number. If your website changes regularly with new copy then it is best to spent $45 each quarter to update...

The rational of doing this is simple... If an infringement occurs within the first 3 months since creation and you have pre-registered it (which is available publicly for review) you are entitled to $150,000 in statutory damages without ever proving any damage occurred... that certified number is extremely valuable even though it only cost $45 ($180/year for continuous updates).

Logical Legal Issues - it is extremely worthwhile to register - let's consider a simple scrapper...

Unless a business/domain is incorporated as a limited liabiliy entity the owner is personally libel for all legal matters and incurred damages... so a guy scraps a website, gets caught, ignores you C&D, and you then really have no choice but to seek court action... you'd be foolish not to if you are pre-registered - since an IP attorney knows that statutory damages will be paid - I'm sure you can find a good one pro bono publico and taking a retainer after-the-fact because the guy likely has "some job" and wages can be garnished and assets seized (house, car, computers, etc.) for public auction to pay off the damage claims.

You really can't lose...

The problem with the "bluffing route" too many things can quickly turn against you... an example:

I stole your content and posted on the web, you bluffed with only a C&D/Takedown Orders...

The first thing I would do is check to see if you registered a claim for copyright... 'no' - I would immediately pay my $45 and submit my site CDROM/DVD and printed version for a claim of copyright...

...and then counter-claim your C&D & Takedowns

Now you have a real problem - you can't seek court action because you don't have a certificate number and you can't get a certificate so long as there is a disputed claim of copyright... this is where the copyright office investigates their claim and your claim and eventually makes a discision -- now here's where your archive.org stuff may help BUT you only have 14 days to show proof of filing court action...

It pays to "legally" protect yourself but so many people think that means using copyscape logos and timestamps in archive.org -- and those are merely an illusion.

Fathom - You did a marvellous job. The offending site has been removed. The C&D has done its job. Here is the reply:



Thanks a ton.. now it shows a 404 error. forex4u.weebly.com

It was a great help indeed man!

Never Had a doubt....


BUT you may some day come across someone that knows as much as you... be prepared and register your claim.

Sure man Will do that..I cant stop thanking you for that..was a great help when I truly needed that. I am going at the copyright.gov, they have launched a new e-filing scheme which costs just $35 - $10 cheaper then the $45 service. Will opt in for that.

Thanks Rod

Did you read their agreement thing? Maybe there was a rule
that they are not responsible if your content or anything
related to your site have used or copied. I have read a
site with the same rule and it was a little bit disappointing.