Website content Rip-off

[Martinx]

Hi there

I have spent quite a few painstaking months putting together my website for personalised mugs. Alot of this time was coming up with specific content for categories and products using keywords etc tailored for google search.

Sadly I have just come across a similar site using some of my content and a banner.

I do have T&Cs on my site stating:

Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use.
You must not:
(a) republish material from this website (including republication on another website);
(b) sell, rent or sub-license material from the website;
(c) show any material from the website in public;
(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
(e) redistribute material from this website

Can I approach this company and request them to remove it?

[John G]

Yes, I would immediately. State that you would need the content removed before a certain date, follow this up with a cease and desist letter. If they still won't play ball legal action would need to be taken.
The above is what I've read on other forums - this could be wrong, Matt on this forum would be the best person to speak to regarding this as he seems to know a lot about these types of issues.

Cheers John

[Martinx]

Thanks for your advice John. I will make contact and request they make some changes.
It's really gutting

Martin

[Ian M]

Martin, I would approach them & ask them to remove it. I would also do all what John suggests too & I also think Matt is the best person for advice on here.

[mrs maggot]

can you not have images that cannot be removed or copied from your site ??

[Martinx]

Thanks Ian. I have just asked them nicely to amend. I think they are actually a member on here.

Unfortunately not Laura. Is this an easy option to do? I was keen to tag images for google images to get the brand out there but obviously this is a risk

Thanks
Martin

[Matt Quinn]

On the face of it you would own your source code and the text associated with your site - Having carefully composed the latter yourself to achive keyword optimisation you are entitled to protection under the 1988 Copyright Designs and Patents Act - the CDPA as it's typically abbreviated.

Without examining both sites I can't give an opinion as to whether there is an infringement; and even if I did, it would be just an opinion...

However, in the first instance it is certainly appropriate to contact the alleged infringer stating that you ARE the originator of the material and, in using it, they are in breach of the 1988 CDPA. Generally a 'take down' notice stating that if they don't comply you will involve a solicitor and at that stage WILL seek to recover all expenses and damages is appropriate - Don't be too aggressive - but don't 'roll over' either.

If you get no or an unsatisfactory response the next stage is to have an appropriately experience solicitor involved. This WILL cost money unfortunately - And as you're probably dealing with complete sheisters may not be practically recoverable ; but, in order to protect your commercial interests it may be a neccessary outlay.

[Matt Quinn]

Thanks Ian. I have just asked them nicely to amend. I think they are actually a member on here.

Unfortunately not Laura. Is this an easy option to do? I was keen to tag images for google images to get the brand out there but obviously this is a risk

Thanks
Martin

Watermarking images is usually the best way IMHO... Make them unusable without it also being obvious (and proveable) that the copyright thief who stole them is just that - a thief!

[Andrew]

Did you write the text yourself rather than leave it to a designer? This could also apply to the person who has the other site. I know a company who was in a similar position to yourself before and complained to someone only to find out that his lazy designer had done the ripping off leaving him somewhat up the creek.

I did a quick check and on your site and did find too much that was copied in bulk and only came up with one possible site in the end...... initials WBI, but that was far from identical. Their site might not have been crawled yet I guess.

Regardless, a quick and polite email highlighting your concern is the done thing.

[Martinx]

Hi Matt
Many thanks for your advice. Clearly a dog-eat-dog world out there.
A new area for me which has got my back up somewhat.

Without wanting to name and shame at this stage I have asked them nicely to make changes. Failing this I will take it to the next stage.

Thanks again

Martin