General Question

hey_yo_554556's avatar

Can really protect my website content against copyright infringement in India or it is a fake website?

Asked by hey_yo_554556 (13points) July 15th, 2017

I have founded a website in internet which claims to provide security from copyright infringement for my website contents.I have a website which is not copyrighted.
I want to know following three things:-

1) Does DMCA really provide security against copyright infringement or it is a fake website.

2) Is protection given by DMCA is legal/valid in India.

3) If I make my website protected from DMCA,then after that will it be legal for others to copyright my contents and publish it as a book in the market or do something else.

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3 Answers

snowberry's avatar

You’d best contact someone in India- maybe the right kind of attorney to answer these questions.

SavoirFaire's avatar

Disclaimer: I am not a lawyer, but I have studied intellectual property law. The following is based on seminars I’ve taken, personal research, and discussions with colleagues who have studied and/or practiced intellectual property law. The information may be out of date or based on a misunderstanding. It is always advisable to speak to a practicing lawyer.

Before I answer your questions, I want to let you know that your website is in fact copyrighted. Copyright is granted automatically upon the creation of intellectual property. Ownership of your own creation is something you have to give up, not something you have to obtain. This is just as true in India as it is in the US because India participates in most of the major international agreements concerning intellectual property law, including the ones that established this standard of ownership.

But to answer your questions:

1) It’s a fake website, and the services they offer are a scam. The first thing to notice is that the site is not listed in the official DMCA Designated Agent Directory kept by the US Copyright Office. The second thing to notice is that the only free services they offer are (1) a web badge warning people not to infringe on your copyrights, and (2) one free takedown notice filing per year. But a badge is worthless, and filing a takedown notice is already free (no matter how many you file in a year).

They’ll still need you to fill out the paperwork with all of the relevant details, however, so all they’re really doing is sending the takedown notice from their own email address instead of you using your own. Meanwhile, all of the paid services the offer are overpriced, and a quick look at consumer review websites reveals that they don’t even provide those services. They just take people’s money and then close their accounts as soon as anyone asks them to actually do something.

2) As I have already mentioned, India participates in most of the major international agreements concerning intellectual property law. So takedown notices offer roughly the same amount of protection in India as they do in the US. But the specific website you are looking at is a scam that former customers say does not actually provide the services they advertise. So while you should have similar legal protections as someone in the US, that site will not help you enforce your rights.

3) Since you gained copyright to your work when you created it, it is already illegal for others to use your content without your permission. You do not need to pay anyone to gain that protection. If someone infringes your copyright, you can file a takedown notice with them by yourself or use one of the designated agents listed in the directory I linked to above. Most websites have a place to send copyright violation notices. The ones that don’t usually require you to get a designated agent involved. You might have to pay a lawyer to help you enforce your rights if the infringing party ignores your takedown notice. But that would probably be less expensive than paying a fake website for services they have no intention of providing.

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