What to do when someone pirates your content?

Question

Hey I found a website focused towards edtech pirating my 3d scans without attribution. I notice a lot of people send takedown notices on here for trademark infringement--do you also suggest trying to send a DMCA takedown notice? Has anyone done that?

I'm kind of worried that if I put energy into dealing with it, it'll just make their website get more attention. I emailed the owner who I even met in person once, and they've since gone unresponsive.

Jason Leow · Accepted Answer

Oh dear, so sorry to hear this Luke!! That sucks

I think @marc had done this with some success before, for Betalist

Mike @ LAWVOLCANO 🌋 · Answer

Luke - This is a copyright legal issue. Happy to chat more about this on Telegram.

Luke Hollis · Answer

Thanks so much, and yeah, this would be affecting sales for subscriptions to use the IP. It'd be great to talk to the lawyer you mention, thanks!

Marc Köhlbrugge · Answer

Sorry to hear this

To clarify, this is copyright infringement, not trademark infringement. Copyright refers to any creative work. Trademarks refer to "marks" you use in trade to identify your products and company (e.g. a logo or name)

For trademark infringement, you're supposed to actively litigate to protect your rights. If you don't, you risk losing them.

For copyright, I'm not sure. I don't have experience with it.

My advice would be to take action if you expect you're losing sales because of this, or you expect this will be a long-term problem (i.e. if you expect more content to be pirated in the future), in which case it would be worthwhile to familiarize yourself with the legal process and get to know a lawyer.

Marc Köhlbrugge · Answer

P.S. happy to introduce you to a lawyer that has helped me with other IP issues

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What to do when someone pirates your content?

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