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Author Topic: DMCA Procedures  (Read 2186 times)

imagetone

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DMCA Procedures
« on: August 28, 2014, 05:23:15 am »

Has anyone had experience with using DMCA compliant image takedown  procedures?  In particular what happens if there is a counter claim?

To assist in prompting payment from an unresponsive client I may want to issue a takedown notice.

The client site is hosted by Shopify, apparently in Chicago, although Shopify seem to be based in Canada.  They have a well documented copyright infringement procedure which says that they will take down infringing images but if the client issues a counterclaim then I have 14 days to get a court order restraining use of the images, otherwise they are put back.

I am based in UK and the images were created in the UK.  The client is Australian, a sole trader rather than a public or private limited company and has been doing business in Australia and latterly the UK. The website domain name is Australian (.com.au)

The client has no reasonable grounds to issue a counterclaim and as I'm covered by terms and conditions issued with my quotation and I have emails from the client saying they are delighted with the images, so they would be at risk of incurring all of any subsequent legal costs. However....

How and where would I get a court order if it came to it? Has anyone in similar circumstance experience of going down this route?
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Box Brownie

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Re: DMCA Procedures
« Reply #1 on: August 28, 2014, 08:33:28 pm »

Hi

I will watch this with interest especially as it sounds very complex a case but other than to suggest what I have seen on other fora that this site/person is worth contacting for any insight on photographic IP rights et al ???

http://www.photoattorney.com/
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imagetone

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Re: DMCA Procedures
« Reply #2 on: August 29, 2014, 03:01:48 pm »

If anyone wishes to reply off list, all replies will be kept strictly private.
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