Legal Question in Technology Law in Florida
I have been a voluntary member of a plastic model car site and have also been a moderator for this sight for some time (years). I have posted many tutorials and pictures of build ups being an active member of the site.
The site owner and I have come to a disagreement. I joined another model car site to his dislike and I have now been banned from the site.
Am I in my legal right to ask him to remove all my content from his site?
I am in Canada, the site owner is in Florida.
1 Answer from Attorneys
It depends on whether you had any agreement regarding your work which was created during your relationship. Absent any agreement to the contrary (license, assignment, work for hire), you own copyrights to your works of authorship. The US has laws which extend US copyright protection to works created in other countries (implementing the WIPO Copyright Treaty and others through the US Copyright Act). I am almost certain that Canada is a signatory to the relevant treaties. As copyright owner, you may legally request that the site owner remove your copyrighted material from his website. The proper procedure for doing this is to send a "take down" notice to the site owner per the provisions of the Digital Millennium Copyright Act. If the site owner fails to comply, you will have to file a lawsuit to force the removal of your material. The lawsuit would likely need to be filed in Florida.
You should retain an attorney in Florida to send the appropriate "take down" notice to the website owner and to further advise you.
Best of Luck.
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