The internet has given an immense opportunity to millions of people around the world to create their own content or digital products that they can use to build their online audience or sell online. Millions of people are already doing the same. The worst nightmare for a creator is when you see your work reused by someone without your permission. You obviously worked hard to generate original content, which can be anything like a video, blog post, eBook, music, picture, digital product, or anything else. When you see someone else using the outcome of your hard work without your permission, we know it is not a good experience for you. We will be addressing your copyright as content in the article, but it can be anything that applies to your case.
Most people in such a situation will try to contact the person and will try to get the content removed from the other person’s platform. Obviously, it is a logical decision, and nothings seem bad about that. Still, don’t go with what feels most obvious and seems alright there, at least not in a hurry. There are several things that might go wrong in such situations, so you better analyze everything before you make a move. Before we dive deeper into a topic, let’s understand some basic terms first.
Digital Millennium Copyright Act (DMCA
The Digital Millennium Copyright Act, also known as the DMCA, is a 1998 act that protects your intellectual property by restricting the permission to produce or disseminate your content without your permission. You can use this act to take down content from anyone else’s website or digital platform to take down your copyright content by sending a DMA takedown notice. If you just want to get your content removed from digital platforms, then most likely, your work will be done here only. When you send a DMCA takedown notice, and the copyright belongs to you, the chances are very higher that the content will be removed from the website. But in case if it does not happen or you want to take further actions, you can continue with the article to know more options.
The last thing that you want to do in such a situation is to misbehave with the other party. It will turn out to be a blunder in your favor if the person misses the point. You should avoid using any unprofessional language while talking to the other party. Try to take some time to calm down your mind if you feel aggressive at that point in time. You should sound professional and explain everything explicitly without using any word that might be used against you. You can consider taking help from a professional attorney if you don’t feel confident about it.
Maintain a proper record
It doesn’t need any explanation of how important it is to maintain a proper record of anything when you consider suing someone. The records always come out in handy during the proceedings. It makes the job for your attorney much easier. When you plan to proceed further, you can avoid sending the DMCA takedown notice in the beginning. If you remove the content, it becomes tough to prove your point.
Make sure to communicate
Sometimes we misunderstand someone assuming he intentionally did something wrong without investigating further into the topic. That is why it is advisable to contact the other person before you initiate any legal notice or action on them. There might be a possibility that they would have used your content by mistake, or they were not sure whom to contact to get permission to use your content. They might also be an admirer of your work and would have shared it to promote your work. You can take legal action in all the cases we mentioned above, but it completely depends on you if you really want to do so.
The action might ruin your image in the long run, and it also sounds inhuman. Make sure to give the other person a chance to present their case over there. You should always avoid a dispute if it is not necessary as it benefits no one. Remember to be cautious in this situation too. You should be polite and professional in the conversation as you again don’t know if another person might use it against you.
Hire a patent attorney
Patent attorneys are real experts in these topics, and no one can better guide you in this situation. As soon as you land in such a situation, you should avoid any delay before contacting an experienced patent attorney. They will not only guide you on how to avoid any mistake during the complete process of communication, but they also know how to maintain proper records to present their point in the courts. Any dispute related to copyright or trademark is subject to federal law in the United States, so the proceedings only take place in the federal court. It makes the work of turning odds in your favor even more difficult, which makes the need for an experienced patent attorney even more necessary.