What Happens If You Spot an Infringement?

Since the enactment of the Digital Millennium Copyright Act (“DMCA”) in 1996, more and more companies of all sizes are taking active measures to protect themselves by pursuing and putting a stop to offenders. If you discover something suspect, be sure that you are clear on what constitutes infringement. Defamation is generally not considered copyright infringement, nor is the sale of product knock-offs and imitations. Copyrights extend only to content from your site which has been lifted and used without your permission.

If you find that a Web site is improperly using your original content, then you should contact that Web site’s hosting service provider, who is often subject to DMCA regulations. If they do not respond appropriately to your complaint, they, in some instances, can lose their “safe harbor” and become legally liable for offensive content. (Again, you can determine the hosting service provider and contact information for any site by going to the WHOIS? database, http://www.networksolutions.com/whois/index.jsp)

Let’s walk through an example. If you found someone using your content and the offender had hosting services through Network Solutions®, then you would contact us by email, using the link from our home page. Of course, you need to be sure that you have all of the proper information to file a claim before you send your email. (You can consult our Web site, http://www.networksolutions.com/legal/legal-notice.jsp), to determine the proper notification process. Chief among the items you’ll need are the Web site address of the site you believe is infringing upon your copyrighted material and screenshots or links from that site so that we, as the Web host provider, can easily identify the material that is claimed to be infringing.

Complaints of copyright infringement are taken very seriously. It is important to note, however, that companies like Network Solutions® do not have the power to validate a claim; we merely notify the Web site owner that a complaint has been filed. In addition, we request a proper response according to DMCA policies (removal of the content, proof of content ownership, or counter-claim).

If the person or business accused of the infringement believes their content is original, then they have the ability to file a counter-claim. In that instance, the accuser would then need to show proof that the content in question is their original creation. Both parties are subject to penalty under perjury laws for making any false claims or statements.

In most instances, cases don’t progress that far. But it’s important to know that a process exists to help you–and others–resolve disputes. After all, with as much time and energy as you’ve spent creating and growing your business, you deserve to have your efforts and rights protected.

Interviewee: Linda Larsen

About the Interviewee: Linda Larsen has been a corporate paralegal for over 20 years, specializing in Corporate Law, SEC Compliance and Intellectual Property. For the past 8 years her primary focus has been Intellectual Property. Larsen currently acts as the Designated Agent for Network Solutions, LLC, addressing matters related to copyright infringement.

This article was written in conjunction with Kim Murphy, a freelance writer with 23 years’ experience writing and producing results-oriented materials for print, presentations, and the Web.

Legal Disclaimer: This article is not meant for legal guidance and should not be considered legal advice. Please consult a lawyer for the issues railed in this article.