Legal Question in Technology Law in Florida
Found plagiarism on web site...can legal action be taken?
I have a personal web site with all original content (each and every bit of text and design on my page has been composed by me, and if I use any other information I provide credit to the source). Recently I found someone who has copied some text from my web page (word for word) and placed it on their page without any credit to the source (in other words, they are claiming it as their own text). I've contacted this person and asked them to provide credit, yet they refuse to do so. I've done some searching and I've found that once you publish a web page it is copyrighted even if it is not registered. With or without registration, is there any legal action that could be taken with the person that plagiarized my text? I'm not looking to make money or anything...all I want is the person to either provide a link to me stating that I am the source or to remove the text from their page all together. Thanks for your help.
2 Answers from Attorneys
Re: Found plagiarism on web site...can legal action be taken?
With registration there should be a remedy, although the cost of legal action may exceed your remedy. Lawyers will not take your case unless they see a way to get paid an appropriate fee. Does the infringer have any money to pay a judgement? It sounds as if this may be a willful infringement,which gives a possibility of attorney fees. You need expert copyright counsel at once if you hope to be successful. Lack of a registration has perhaps already compromised your position so you should get legal representation at once, so as to try to improve your legal position.
Re: can legal action be taken?
You have the right to sue. You will have to register your website first, and you cannot collect attorneys' fees or statutory damages, but you have the right to control how your words are used.
If you need to find a competent attorney in your state, you might try http://www.computercounsel.com
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