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Copyright Infringement and Me - Illadore's House o Crack — LiveJournal

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Previous Entry Copyright Infringement and Me Nov. 3rd, 2010 @ 11:14 pm Next Entry
From:pabsungenis
Date:November 4th, 2010 01:16 pm (UTC)
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Four things you need to do immediately:

(1) Go register your copyright on the article officially. Now. Don't come back and read the rest of this until you do.
(2) DMCA them. Force them to take the article off the website immediately. Google for sample takedown letters.
(3) Find a print copy of the magazine as fast as you can to make sure your article was printed in there as well.
(4) If your article was in the print magazine, or they refuse your DMCA, sue their asses.
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From:(Anonymous)
Date:November 4th, 2010 01:51 pm (UTC)

Best advice on here

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This is the best advice on here. Register your article at the Copyright Office asap. If you're lucky (depending on timing) you might be able to threaten a suit for statutory, rather than merely actual, damages. Unbelievable response!
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From:(Anonymous)
Date:November 4th, 2010 02:45 pm (UTC)

Re: Best advice on here

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Sadly, if the work was created back in 2005 the window for statutory damages will have closed---but it's still good advice. Starting the registration process will still add more weight if you end up needing to threaten litigation at any point; you have copyright in the article they stole even if you haven't registered, but would need to register before you file suit over it.
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From:wishiwasnt
Date:November 4th, 2010 02:23 pm (UTC)
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I'm an IP lawyer and I concur with the above.
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From:Anthony Edw. J Campbell
Date:November 4th, 2010 07:29 pm (UTC)
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As an intellectual property attorney, I will second the above advice. Registration allows you to take advantage of statutory damages for infringement; without you will have to prove actual damages for infringement.

The DMCA allows a takedown notice that will at least get your article off of the site. Additionally, for anyone else out there: add copyright management information, including your copyright notice, to original images prior to posting for additional DMCA protection. The DMCA does not require registration. Additionally, new laws (PRO IP Act, NET Act (the NET Act primarily allows government, not private action)) are allowing enhanced enforcement, so if it escalates, it is usually a good idea to consult an attorney that stays updated on current law.
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