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How to prove they used my content online

 
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MarkM
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Joined: 11 Apr 2010
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PostPosted: Sun Apr 11, 2010 9:50 pm    Post subject: How to prove they used my content online Reply with quote

Hi,

If site uses advertising copy granted for use in year 2009 but not in 2010, how can I prove that they are still using it?

I mean, if I claim copyright infringement they might remove copy and say: "Look, we are not using it". But the fact is that they did used it for 3 months and gained hundreds of thousands of euros in revenue.

How can I prove that they used copy for last 3 months?

Do I need to?
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CopyrightAid
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PostPosted: Thu Apr 15, 2010 6:46 am    Post subject: Reply with quote

Quote:
How can I prove that they used copy for last 3 months?


It should be quite simple to demonstrate that they are still using your work - you simply ensure that you secure a copy of their site showing your work being used as evidence before you contact them - this should ideally be done with a witness (someone else who can verify your version of events).

You can use a tool like wget - that can download a copy of the site to your computer, or simply save copies of the webpages, whilst your witness is with you.

When you do complain, if they don't remove your work, also contact the ISP hosting the site - they will normally act quickly to remove infringing materials if the site owner does not.

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One last point - you state that they have 'gained hundreds of thousands of euros in revenue' ?
If you believe that you are due income/payment/royalties, then I would strongly recommend that you take this matter to a solicitor immediately (as soon as you secure the evidence), with a view to obtaining payment/damages for your financial loss.
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MarkM
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PostPosted: Thu Apr 15, 2010 10:14 pm    Post subject: Reply with quote

Great, thank you.

One question, is every witness the same, or should I be looking for some particular characteristics when choosing a witness, for example for him/her to be a solicitor or some kind of specific professional?
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CopyrightAid
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PostPosted: Fri Apr 16, 2010 3:33 pm    Post subject: Reply with quote

It just needs to be someone that does not have a vested interest in your case and is prepared to act as a witness.
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