Put on internet- automatically copyrighted

[alaxsxa]

Hello,
I have a U.S. copyright on a script and someone is illegally using my script on their website, same design and coding. They say 1.they coded it, 2. if something is published on the internet, it is automatically copyrighted to that person, and 3. Because they live in England, the U.S. copyright has no power over them using it. I know that at least two of these is wrong but the 2nd one im not sure about. Could someone please clarify this, and also give me some advice on what to do?

 

[merlix]

Actually, England (UK) is one of the many countries that have treaties with us over intellectual property. Do a search for DMCA (Digital Millenium Copyright Act - http://www.copyright.gov/legislation/dmca.pdf). The cheapest thing to do in the beginning is send them a sort of Cease & Desist email and reference the DMCA and let them know that you will be filing a DMCA complaint. I am by no means an expert, but our parent company is a software company and we send these out when people infringe on our software copyrights no matter what country they are in and to date, we haven't had to go beyond an email or letter yet.

Good luck.

 

[theparrot]

A work is copyrighted when it is authored/created. Putting it or not putting it on the internet is not a factor.

 

[vip-ip]

There can't be a duplicate copyright. It's like if I say "google.com" and someone says the same thing ,on this very forum, with the same font, etc, I can sue them for using my copywritten material? That's baloney.

 

[armstrong]

A work is copyrighted when it is authored/created. Putting it or not putting it on the internet is not a factor.

This is right as far as copyright occuring upon creation. However, for practical purpose of proving when the original creation occured and by whom, actual publication could be crucial. Placing material on the internet is a form of publication, which might make it a factor in proving a copyright claim.

:bingo:

 

[Kodeking]

Yes, it is a common misconception. People confuse trademark with copyright. Trademarks require paperwork and an approval process. This text on the otherhand is copyrighted before I even hit "Post Reply".

 

[AdoptableDomains]

Yes, it is a common misconception. People confuse trademark with copyright. Trademarks require paperwork and an approval process. This text on the otherhand is copyrighted before I even hit "Post Reply".

No, not quite correct. All you have to have to have a trademark/servicemark is put TM or SM on it and publish or use it. If you file for a trademark with the Patent and Trademark office, it is easier to defend and youcan then use the ® (circled "R") for Registered Trademark/Servicemark.