Make a record of a website infringing our copyright?


1

A website from a competitor is using images we own the copyright to, and is asserting on their site that they own the copyright.

Is there a way to create a neutral record of their infringement?

  • It seems possible to get Archive.org to add a snapshot to their archive, but their method is
    mostly including text, and doesn't record the most important infringing
    images.
  • Our startup doesn't yet have extra funds for legal representation.

Copyright

asked Mar 12 '12 at 08:25
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Ashton M.
83 points

2 Answers


3

Documenting the infringement is trivial. You could go to a notary with a computer for example, have them print the image from the competitors site and mark it with the date and time as well as recording the information in their notary book. If it ever goes to trial you could simply subpoena them to testify (and pay their expenses to do so).

Does your competitor run their own website in-house or do they use a third party hoster? If they do-not self-host have you sent the hoster a DCMA take-down notice? See How to Send a DMCA Takedown Notice

Specifically, your notification must:


• Be in writing; • Be signed by the copyright owner or agent; your
electronic signature is OK; • Identify the copyrighted work that you
claim has been infringed (or a list of infringements from the same
site); • Identify the material that is infringing your work; • Include
your contact info; • State that you are complaining in “good faith;” •
State that, “under penalty of perjury, that the information contained
in the notification is accurate;” and


• State that you have the right to proceed (because you are the
copyright owner or the owner’s agent).

answered Mar 12 '12 at 09:13
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Jonny Boats
4,848 points

1

Have someone make a copy of the website using HTTrack - http://www.httrack.com/. Burn that copy to a CD/DVD and write the date and time of the copy on the disc with a permanent marker.

Then, at some point in the future, that person will probably need to be involved in the submission of an affidavit describing how the copy was made, when it was made, that they have no reason to believe the copy is inaccurate, etc. Let that help you decide makes the copy for you.

answered Mar 12 '12 at 09:03
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Robert Blasi
142 points

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