Legal Question in Intellectual Property in Pennsylvania

DMCA non-compliance?

In May of this year I found an individual who had copied my website in full and was also selling access to a product that I created. I sent a DMCA notice to their host. They admitted that yes, it appeared my work had been copied in full and they removed the site.

Now this same person has republished my work again on the same hosting service on the same domain. I've contacted the host again and sent them the appropriate DMCA notice. They responded once but did not remove the infringing material. They only allow DMCA notices to be sent via e-mail, I have contacted them 4 times and they still have not removed the content. My work is registered with the US copyright office as well.

I want this host to comply and remove access to my work immediately but they are not responding to me...this is a large webhosting company.

What should I do?


Asked on 10/04/07, 7:43 pm

1 Answer from Attorneys
Daniel Pepper Pepper Law Group, LLC

Re: DMCA non-compliance?

You would first want to confirm that this this individual has registered its DMCA agent with the Copyright Office. If the individual fails to respond to your take down notice, you may want to consider having an attorney draft a cease and desist letter. If that does not bring about the removal of the site, you would be left with the option of litigation for infringement.

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Answered on 10/05/07, 9:09 am


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