Intellectual Property Law

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I run a premium content website where my articles from my…

Hi, I run a...

Hi, I run a premium content website where my articles from my paid writers are behind a pay wall, and only paid subscribers who pay a monthly fee can read it (a la ESPN Insiders). I recently discovered that there is a website that is copying/pasting the entire article (with images) and putting it on a free and public website. Can I go anything about this? This could potentially hurt my business as people won't have to pay to read the articles anymore. Thank you for your time.

Lawyer's Assistant: Has anything been filed or reported?

No, someone just referred me to the website

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Customer reply replied 1 month ago
my website is www.majestixccg.com/Apex-InsidersThe website that is infringing is prheroclix.wordpress.com
Answered in 2 hours by:
3/8/2018
Attorney Wendy
Category: Intellectual Property Law
Satisfied Customers: 481
Experience: Member at Keefer & Keefer LLC
Verified

There are steps to you can take to protect your website content. As you can imagine, in the new digital age controlling access and ensuring legal compliance by users can be tricky as the person controlling the other website may be difficult to identify or reside in a country or area that makes it difficult to take formal legal action. That said, and assuming you are in the U.S., depending on your contract with your paid writers either they or you own the copyright to those works and another individual cannot copy those works without your permission. I did a little looking at the other site and it appears that the site may be operated in or at least targeting an audience in or from Puerto Rico. There is no contact information readily apparent on the site. So, the first thing to do is to look for information about who owns the site. I checked a site called WHOis.net and could not identify the owner. I also did a quick social media search in an attempt to find any related pages or accounts and a quick scroll through the site skimming for names, but you may want to search as well. If you cannot identify someone to contact affiliated with the site, the next step is to contact wordpress, which hosts the offending page/blog and request ownership information. You will want this information in order to send a Cease and Desist letter. If you run into difficulty identifying the correct person you can also send this letter directly to Wordpress stating they refused to identify the user and thus you will hold them responsible for removing the content. In either letter, you will want to identify yourself/company and that you operate a site that creates and posts copyright protected material. That it has come to your attention that your materials are being copied and used by prheroclix without permission. That all such materials must be removed from the prheroclix site within a set time frame (I typically provide somewhere between 7-30 days from the date of the letter, enough time for the letter to be received and for content to be reviewed and removed) and that if the content is not removed you will be seeking damages for the copyright infringement.

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Please note: This is for ​informational and educational purposes only and is not legal advice. No course of action is proposed and no attorney-client relationship or privilege has been formed by this conversation.

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Happy Friday! I just wanted to check in to make sure I answered your question and to see if you need any further assistance with this issue.

Attorney Wendy
Category: Intellectual Property Law
Satisfied Customers: 481
Experience: Member at Keefer & Keefer LLC
Verified
Attorney Wendy and 87 other Intellectual Property Law Specialists are ready to help you
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Customer reply replied 1 month ago
this helps, thank you.

Best of luck resolving this issue as quickly and painlessly as possible.

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