Legal Question in Technology Law in Texas
Protecting intellectual property on the web
I'm starting a website making guitar tabs--that is, notation for learning songs on guitar. However, we're afraid that sites will simply rip off our work, especially a site like ultimate-guitar . com (which is based in Russia). We plan on regularly searching the internet to find if anyone's taken our tabs. Is there a way to threaten legal action, no matter where the site is based, if they've obviously stolen our files? We're mainly interested in getting them off large, high-profile websites.
2 Answers from Attorneys
Re: Protecting intellectual property on the web
There are ways to take action against owners of some sites, no matter where they are located. It depends on the top level domain. But you would need to be willing to cover the cost of litigation. I also agree that you need to make sure you have permission to use the intellectual property you intend for your own site. We can also assist you with this as I focus on IP and Internet matters. Make sure you consult with an Internet attorney before you invest your time and money.
Re: Protecting intellectual property on the web
The most important thing to protect your original work is to file copyright registrations. Many do that on their own at the US Copyright Office. If you are uncomfortable doing that, you can hire a law firm to help.
If your work is posted on other sites, DMCA (Digital Millennium Copyright Act) "take-down" notices can be effective; and, if you have
filed the registrations early enough, you might be able to obtain statutory damages and attorney fees in the event of infringement. Without early registration, you will not, and any enforcement action may not be economical.
You are right that enforcement in some jurisdictions is not always practical. But our international experience, including in Russia,
makes us believe that there could be some actions that would be worth taking -- again, depending on the economics.
Question, are you sure you are authorized, by the owner of the copyright in the songs, to create derivative works (the tabs)? You don't want to be subject to a suit by them.