If you have spent months creating a product portfolio or what paper, only to find it has been used in whole or part on another website without your permission, we can help you have the infringed content removed from the web (known as takedown). We can also assist you in putting policies and procedures in place to protect you from such events occurring in the future.
Full understanding of the different copyright and takedown laws in multiple regions
Online copyright infringement is becoming more prolific by the day. Content, images, audio, and video can be used and distributed by those who have no legal right to the material in multiple jurisdictions. To deal with copyright infringements and order a takedown against a website or its host, specialist legal advice is usually required.
We are familiar with Takedown Notices and procedures in the US, Europe, and Asia and have acted for many high-profile clients, including those in the entertainment and sports industries.
In America, digital copyright and takedown matters are governed by the Digital Millennium Copyright Act (DMCA), a group of laws which protect copyrighted content on digital mediums.
A DMCA Takedown Notice provides a mechanism for copyright holders to request an Internet Service Provider (ISP), search engine, host, or other type of site-owner/manager to remove material that is infringing their copyright.
The DMCA Takedown process does not require you to have a registered copyright.
We can advise you on the meeting the criteria required to issue a DMCA Takedown Notice and ensure you are in full compliance with the procedures that govern the process.
There is no equivalent of the DMCA in the United Kingdom; the UK approach is mainly derived from Directive 2000/31/EC which provides direction on certain legal aspects of information society services, in particular, electronic commerce in the internal market.
In the UK, the website host must act quickly to remove offending content as soon as they “have actual knowledge” copyright has been infringed. Copyright owners often need to provide substantial evidence of ownership and infringement. Our expert team can collate this for you, including which URLs are pointing to the copyright materials, so the host does not have to guess.
In addition to having information taken down, we can also advise and represent you in making a claim for damages if you have suffered financial loss due to the copyright infringement.
To find out more about how our specialist digital copyright solicitors can assist you, please email us in confidence at email@example.com.