Please advise me re. a website which has my article illegally?

[NeoMaxiZoomDweebie]

I'm a copywriter, I write reams of website content and have today found one of my articles on a site called DocStoc which seems to be a place where people can use articles etc for free.

The article in question was written by me for a client and that client paid for the right to use it in their newsletter.

The website which has stolen it from my own portfolio on my website is asking me to go on their site and fill in a big legal form and give them my personal details.

The site in question is a large one and looks "legit" in that articles are uploaded by users who each have their own account...I don't want to give the site owners my personal details...and fill in their form I am not in the wrong.

They say that we need you to comply with the notice of copyright infringement requirements of the DMCA (Digital Millennium Copyright Act) if in fact there has been copyright infringement and you are authorized to request removal. and a lot of other blurb including a legal disclaimer. They link to a form which as I mention wants my name, telephone number and address.

Am I in my rights to email back and say "No I won't fill in your form, remove my article now." or similar.?? I am pissed off!

[thereinmadnesslies]

Are you a member of any professional body? I know the Society of Authors will handle the takedown request on your behalf, I'm not sure if there is a similar society for copywriters?

[NeoMaxiZoomDweebie]

Do you know, I am just this week paying to join the Writers Guild. I have only recently begun to think it's a good idea...and now I am seeing why!

[NeoMaxiZoomDweebie]

I also write scripts and fiction so the WG will hopefully sort this out once I have my membership done and dusted. This is annoying and I do feel that I've been robbed somehow.

[caroldecker]

Total arseholes of them , but a quick question - if you have been paid is it still your copyright or is it your clients?

[NeoMaxiZoomDweebie]

I THINK it's mine Carol but that's why I'm here really. In the past when I have written for the BBC, they make me sign an agreement that should they choose to, they could re-use my work in any media form they wanted. The same with magazines and my fiction...I sign the agreements..they sometimes say they'll pay me x amount if they use it again.

[NeoMaxiZoomDweebie]

Should have added, the article in question was not written under any legal agreement which is why it's still mine I think.

[lougle]

The copyright never leaves the author. It will depend on your contract with the client as to whether you gave an exclusive right to use it in a particular format on a particular site or whether you gave them the right to use it however they pleased.

[NeoMaxiZoomDweebie]

I gave them no specific rights Lougle....I often don't because many of my clients are short term things.

[ouryve]

Sod the form - you write to them and tell them to take it down and keep a record of their response, if any. You need to keep records of any correspondence.

You can probably get the best advice somewhere like the absolutewrite forums.

[allagory]

Have asked my husband (IP lawyer). He says the DMCA is a US Act and what they are asking for is standard. He thinks (although he is not a US lawyer) the copyright infringement would have been by the person who uploaded the item, not the site hosting it. If you don't want to give your home address, get a PO Box address.

[prh47bridge]

The DMCA is US law. If this is a US website that is the relevant law - copyright infringements are always dealt with under the law of the country where the infringement takes place. You do own the copyright in the US under international treaties. However, if they are acting as an "online service provider" my understanding is that the DMCA says that you must give written notice of the claimed infringement and that you must include:

• a signature
  
• identification of the copyright work involved
  
• identification of the material on their website you claim infringes your copyright
  
• address, telephone number and, where available, an email address
  
• a statement that you believe in good faith that use of the material is not authorised by you as copyright owner, your agent or the law
  
• a statement that the information you have given is accurate and that you are authorised to act on behalf of the owner of the copyright
  

If you give them a notice that conforms to the above requirements they are required to remove the material promptly, or at least to disable access to it. If do ignore the above requirements they are entitled under the DCMA to ignore your request to remove the material and, under the "safe harbour" provisions of the DCMA, they would not be liable for any infringement.

So I'm afraid you are going to have to fill in the form and give them the information they want. You can, of course, get someone to act as your agent in this matter, in which case it would be your agent's details on the form.

[prh47bridge]

By the way, just to confirm that, in the absence of any agreement otherwise, the copyright belongs to you. Your client only has a license to use the work.

And if they are a US-based website I'm afraid the advice from ouryve is wrong. They are perfectly entitled to leave the material on their website until you provide a notice including the information required by the DCMA.

[NeoMaxiZoomDweebie]

Thank you Prh I did think that but needed someone to reassure me. I guess I will have to provide what they ask then. At least it will be removed and thank goodness I came here before I mailed them a snotty response!

[celestialsquirrels]

Please also note that there is a new patents county court small claims track for cases such as this with a value of £5000 or less if you do not get a satisfactory response from the site owner and are considering starting proceedings.

[prh47bridge]

This is a US website so the UK courts are irrelevant. Under international treaty any copyright infringement must be dealt with in the country where the infringement is alleged to have taken place.