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Help with copyright infringement

Midnight_Caller
Rising Star
Posts: 4,143
Thanks: 7
Fixes: 1
Registered: 15-04-2007

Help with copyright infringement

I need help on watt is the best way to prosecute them! 
And to get the site down as well.
Some one has registered my old domain name http://www.dyslexia-health-education.co.uk and they are using my name: Dyslexia Health Education Association and my logo and text as well on there site as well.    Angry  Angry  Angry
27 REPLIES
MikeWhitehead
Grafter
Posts: 748
Registered: 19-08-2007

Re: Help with copyright infringement

Dyslexia isn't your name, it's a medical condition; You can't copyright a medical condition.
The domain used to be yours, so you must have stopped using it. It's perfectly legal for someone to register a domain that was previously used.
The text (from my brief glimpse) is simply a definition on Dyslexia and how to get tested for it etc. That doesn't come under copyright really.
Did you create the image that is being reproduced? Do you have proof that you created this image (any production-stage files etc) and have you filed it to protect it properly?
Simply put, you won't be able to prosecute anyone.
EDIT: Typo
Community Veteran
Posts: 1,100
Registered: 05-04-2007

Re: Help with copyright infringement

I have to agree with the above. Interesting results if you do a search on the company that bought the name. I am guessing that they buy up expired names hoping the original owners would pay to get them back. I could be wrong though.
Midnight_Caller
Rising Star
Posts: 4,143
Thanks: 7
Fixes: 1
Registered: 15-04-2007

Re: Help with copyright infringement

Quote from: MikeWhitehead
Dyslexia isn't your name, it's a medical condition; You can't copyright a medical condition.

Dyslexia is not my name!
My sites Name is: Dyslexia Health Education Association
Quote
The domain used to be yours, so you must have stopped using it. It's perfectly legal for someone to register a domain that was previously used.

Yes for legal purposes only!
Quote
The text (from my brief glimpse) is simply a definition on Dyslexia and how to get tested for it etc. That doesn't come under copyright really.

The text has been Ripped from my site.
Quote
Did you great the image that is being reproducted? Do you have proof that you created this image (any production-stage files etc) and have you filed it to protect it properly?

Yes I made the logo image and yes I have proof on a archived CD
Quote
Simply put, you won't be able to prosecute anyone.

You are 100% wrong.
MikeWhitehead
Grafter
Posts: 748
Registered: 19-08-2007

Re: Help with copyright infringement

Quote from: tdadyslexia
Dyslexia is not my name!
My sites Name is: Dyslexia Health Education Association

And what has that got to do with that other domain? DHEA website is not a registered trademark etc, so what someone else calls their website is irrelevant.
Quote
Yes for legal purposes only!

No, you can re-register a domain whenever you like, not for legal purposes only.
Quote
The text has been Ripped from my site.

Can you prove you wrote it and hold the copyright to it? Stored using the correct copyright procedures?
Quote
Yes I made the logo image and yes I have proof on a archived CD

Having an old CD laying around isn't proof. A CD doesn't have datestamps on it that would be considered legal proof of creation and/or ownership, unless you had it stored somewhere, usually an outside source who specifically deals with copyright protection.
Quote
You are 100% wrong.

Ok if you think I'm 100% wrong then that's your choice. However, I know I'm not. I offered you advice and you don't want to accept it - that's not really my problem.
Community Veteran
Posts: 4,729
Registered: 04-04-2007

Re: Help with copyright infringement

Have they ripped off your site?
Yes
Is there anything realistically you can do about it?
No
You could try contacting their webhost.
Or check out the http://www.nominet.org.uk/disputes/ dispute resolution service.
But don't get your hopes up.
Take it as a compliment.
Chilly
Community Veteran
Posts: 1,699
Registered: 30-07-2007

Re: Help with copyright infringement

Sorry Dyslexia, I appreciate that you're irked, but unless the logo is a registered trade mark, then they aren't committing an offence, so they can't be prosecuted.
If you can show that they've stolen your wording and artwork, you may be able to sue them for damages, but that's a different thing.  It would be a civil action, and you would have to show actual loss.
Midnight_Caller
Rising Star
Posts: 4,143
Thanks: 7
Fixes: 1
Registered: 15-04-2007

Re: Help with copyright infringement

Quote from: MikeWhitehead
[snip] And what has that got to do with that other domain?

The name Dyslexia Health Education Association is mine and so is "DHEA" that is abbreviation of my sites name.
The site is calling it self (Dyslexia Health Education Association) and that is my sites name.
Quote
[snip] Can you prove you wrote it and hold the copyright to it?

Yes I can prove that I wrote it, so under UK's law I hold the copyright to the text.

Quote
[snip] Stored using the correct copyright procedures?

Watt correct copyright procedures ?
Quote
Having an old CD laying around isn't proof. A CD doesn't have datestamps on it that would be considered legal proof of creation and/or ownership, unless you had it stored somewhere, usually an outside source who specifically deals with copyright protection.

That is over the top, under UK's law I hold the copyright from the minute that I created the work!
Quote
[big snip] I offered you advice and you don't want to accept it - that's not really my problem.

You call that advice ? Well I don't call that advice!
Quote from: chillypenguin
[snip] You could try contacting their webhost.

Done that.
Quote
[snip] Or check out the http://www.nominet.org.uk/disputes/ dispute resolution service.

Going to phone them on monday
Quote
Take it as a compliment.

No way.
Quote from: hulls
[big snip] unless the logo is a registered trade mark,

How do I register the logo ?
Quote
[snip] If you can show that they've stolen your wording and artwork, you may be able to sue them for damages, but that's a different thing.

Yes I can show that they've stolen my wording and artwork.
Quote from: PJ
Looks like a professional domain squatter.

Yep
Quote
Companies with legal departments and much deeper pockets than yours have dealt with this.

shudder.
Quote
I'm afraid you are probably going to struggle to do anything about it- unless you trademark your name/ logo (and seek legal advice before you do).

How do I trademark the logo and the name ?
MikeWhitehead
Grafter
Posts: 748
Registered: 19-08-2007

Re: Help with copyright infringement

Gary, there's no need to start being like that when people are only trying to advise you. You asked, we told. It's not my place to lie to you and say "of course, take them to the highest courts in the land!".
Of course copyright law says you hold the copyright from the minute you create the work, I'm well aware of what the copyright laws state. But think logically about this - what if they make a CD and put a file on it with all the information. Who has most proof then? No-one, and you would be told to get out of the court and to stop wasting their time.
How exactly is the name "Dyslexia Health Education Association" yours? Where have you registered this apart from a domain?
In what way can you prove that you wrote the text on your website, and created the logo on the specific date that you did? Because anyone could say "Look, I have a Word document dates such and such, that means I made it then" - That's nowhere good enough.
I do know what I am talking about Gary but if you don't want my advice then please say so, and I will no longer contribute to this thread.
Superuser
Superuser
Posts: 637
Thanks: 119
Registered: 05-04-2007

Re: Help with copyright infringement

Quote from: tdadyslexia
Some one has registered my old domain name http://www.dyslexia-health-education.co.uk and they are using my name: Dyslexia Health Education Association and my logo and text as well on there site as well.    Angry  Angry  Angry

... did look on the Internet Archive Wayback Machine, Gary - http://www.archive.org/web/web.php - to see if there was a former (dated) copy of your site, but apparently their access to the URL is blocked by the robots.txt file.
Might have helped if you could have used something like that to prove how the site actually looked when you had the domain name.
Sorry Sad
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Midnight_Caller
Rising Star
Posts: 4,143
Thanks: 7
Fixes: 1
Registered: 15-04-2007

Re: Help with copyright infringement

Quote from: MikeWhitehead
I do know what I am talking about Gary but if you don't want my advice then please say so, and I will no longer contribute to this thread.

Well if you know what you are talking about.  How about coming up with a solution to the problem!
Don't keep on coming up with comments that are not constructive!  Wink
Community Veteran
Posts: 1,100
Registered: 05-04-2007

Re: Help with copyright infringement

Constructive comment (I hope):
Ensure that that any domains under DHEA remain active. Register dyslexia-health-education.org.uk as it is currently available and more appropriate for your association and keep it active. If the co.uk name becomes available, register it as soon as possible, but be warned they may try to challenge you as you are challenging them.
With regard your current situation I am not in a position to give legal advice but have friends who successfully sued due to breach of copyright. It was a long battle and not an easy one. Yes they won but they are a professional graphic artist with plenty of proof over ownership and style. My suggestion to you is to learn from this and ensure that it can not happen again.
Is your Association a registered charity? If it is you may have some recourse down this route.
Community Veteran
Posts: 4,729
Registered: 04-04-2007

Re: Help with copyright infringement

Moderators Note
Gentlemen, please can I ask that we don't get personal.
We may not like views expressed by other users, but they are entitled to their own view.
Jonathan
aka Chilly
Community Veteran
Posts: 4,729
Registered: 04-04-2007

Re: Help with copyright infringement

You could try asking for advise on the usenet group "uk.legal.moderated"
Chilly
MikeWhitehead
Grafter
Posts: 748
Registered: 19-08-2007

Re: Help with copyright infringement

Quote from: tdadyslexia
Don't keep on coming up with comments that are not constructive!  Wink

There's not much constructive that CAN be said, that's the whole point I'm trying to make.
What proof do you have of ownership of any of the graphics? What proof do you have that you wrote the text that is displayed on the web site? Is DHEA a registered name anywhere?
You still haven't gave any details of that. If you are relying on the "well, copyright law says it's mine as soon as I write it, and look I have it wrote down" then you might aswell just throw your money in the bin, because that would have the same effect as taking this any further than a complaints procedure with the webhost (i.e. court).
If you have no REAL proof of ownership, then there IS no solution.
A very dirty copyright cover would be to have all of the work on a CD/paper/etc and a couple copies sent recorded delivery to yourself. and only ever opened in the case that you need to take it to court. That means that the package has a datestamp on it and if it doesn't get opened, it provides more proof that you created it prior to that date. You CANNOT rely on "I wrote it, that's all the proof you need".
May not be completely constructive, but the whole point is that if you haven't properly filed the information, then there isn't much that can be said constructively.