Protecting Your Work

If someone discovers that a website is using his or her work, someone else’s work or details are taken from a copyrighted source without permission, there are legal remedies to these situations. The first steps usually involve contacting a lawyer and engaging in a consultation to determine if the website does have a right to use the material.

Step One: Awareness

Regardless of the specific goal, the first step in dealing with electronic piracy is always awareness. It is impossible to combat unknown piracy.

Step Two: The Complaint

The second step in combating electronic piracy is a complaint to the apparent infringer

step Three: Contacting the Infringer’s ISP

That means it’s time to complain to someone bigger: the ISP or other service or distribution provider. The complaint should still be professional in tone, although perhaps less forgiving

Letter 1

Dear [Sir/Madam]:

On [date], I noticed that your [site/email newsletter/electronic product] [exact name and URL, if available] included an [attributed/unattributed] copy of my copyrighted [story/article/ review] [writer’s title]. According to my records, I have not authorized this use.

Please contact me immediately so we can work out either an appropriate agreement for this use or an agreement to terminate this use.

Letter 2

Dear Sir or Madam:

A webpage hosted by your service ([full URL]), retrieved [date and time], is infringing upon my copyright in [title]. I have attempted to resolve this directly with the account holder without satisfaction. Please remove the referenced page from your service and take other appropriate action against the account holder to prevent future infringement.

Pursuant to the Digital Millennium Copyright Act, this letter serves as actual notice of infringement in the event of legal proceedings. The information in this notification is accurate, and under penalty of perjury, I state that I am the owner of an exclusive right infringed by the specified URL