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Maverick
Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 5767
Experience:  20 years professional experience.
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Filed an action seeking a court order to restrain

Customer Question

***** ***** filed an action seeking a court order to restrain I want to stop someone from using my copyrighted material. This is common I know
JA: Thanks. Can you give me any more details about your issue?
Customer: What is the best and least expensive way to get around a DCMA issue
JA: OK got it. Last thing — IP Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 7 months ago.
Category: Intellectual Property Law
Customer: replied 7 months ago.
Sure here is the note I received.Hi,We are contacting you because we have received a counter-notification claiming that content we removed at your request was removed or disabled as a result of mistake or misidentification. The counter-notification, as well as any relevant subsequent correspondence, is included below.Under the counter-notification process described in section 512(g)(2) of the Digital Millennium Copyright Act (“DMCA”), we will restore or cease disabling access to the removed material unless you notify us within 10 business days that you have filed an action seeking a court order to restrain the reported party from engaging in infringing activity on Facebook related to the material in question.No response to this email is required unless you have filed an action as described above and wish to provide us with notice of the action (preferably, along with a copy of your filed complaint), either by replying to this email or by sending it to our designated agent at the address listed below. Please note that you will likely receive a faster response by replying to this email with notice of the action.Facebook, Inc.
Attn: Facebook Designated Agent*****Menlo Park, CA 94025(###) ###-####(phone)(###) ###-####(fax)
Customer: replied 7 months ago.
I own a video that I created with a very expensive drone that someone has used and I asked them to stop. They did briefly and then they started again!
Customer: replied 7 months ago.
I had Facebook remove it and then they stated I must have been mistaken about the video and now I have to file a court order or something like that. What is the best way and least expensive way to handle this situation.
Customer: replied 7 months ago.
Is that enough information. I do have a copyright on the video in question.
Expert:  Maverick replied 7 months ago.
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Expert:  Maverick replied 7 months ago.
First let's make sure that you registered the copyrighted work. You do not have to register your work to have a valid copyright. However, you must have registered your work in order to initiate a lawsuit. The process takes approximately 8 months through the US government. Registration allows the recovery of statutory damages, as well as attorneys fees. Did you do this?
Customer: replied 7 months ago.
Yes I have registered it through the copyright system but it is not completed the 8 months as of yet.
Expert:  Maverick replied 7 months ago.
Okay, once you receive notification that your copyright is formally registered, you are best advised to contact an intellectual property litigation lawyer in your area as these suits are complex and not to be done even by lawyers who do not practice in that field. However there is nothing to fear as this could work out in your benefit. The legal penalties for copyright infringement are:Infringer pays the actual dollar amount of damages and profits.The law provides a range from $200 to $150,000 for each work infringed.Infringer pays for all attorneys fees and court costs.The court can issue an injunction to stop the infringing acts.The court can impound the illegal works.The infringer can go to jail.While we are not permitted to refer an attorney to you, you can contact your State Bar to find an IP litigation firm. In the meantime you want to be gathering evidence of each instance of infringement. The lawyer will actually need to file a lawsuit for infringement and you will need to send that to FACEBOOK. Th IP lawyer should take you case on a 33% to 45% contingency fee basis if it has merit. You may need to pay for costs such as copying charges and filing fees.

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