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Arpita Chauhan   20 May 2021

My content is copied

Respected Members,

I urgently need your advice.

I am a content writer and I have my own blog where I write short stories, articles, etc.

Now, there is this Facebook page which has used and published my stories on their account with their name as the creator or the author. The whole content is same, they have just changed the names of the characters. When I tried to approach them and talk about the issue, they shut me down completely. 

What legal action can I take against them for this? Please guide me

 



Learning

 4 Replies

Sankaranarayanan (Advocate)     21 May 2021

what type of content? it is your duty to prove it is your own thoughts. better to get local IP&T lawyer advise and act accordingly

sneha jaiswal   21 May 2021

Hello, Greetings of the day!
For the query you posted, I would suggest that:
If contacting the publisher does not work, you can definitely send a notice to cease or desist letter. In your notice mention to put down the plagiarized content otherwise, legal action will be taken against them. Give them stipulated time and specify what the consequences will be if they ignore what you have asked for. Once you introduce them to legal trouble then individuals or companies are very quick to respond.
Hope it helps
Regards,
Sneha Jaiswal
 

T. Kalaiselvan, Advocate (Advocate)     21 May 2021

If you’ve posted online and it’s truly yours, then it’s officially yours. All genuine content published online is immediately protected under copyright 

What it means is that anyone who takes your content and pastes it on their own site without permission violates copyright law. If someone takes an image from your blog and posts it on their own blog, that’s copyright violation

fair use clause states that people have limited rights to use your content as long as the use of your content is deemed ‘fair’

Unfortunately, there’s no clear cut definition of what exactly fair use is.

Anyone in the world can copy your online content and insert it onto their website. After making some changes, one can claim your content as his/her own. The web is built on work of people who spent their time and energy to create original content. Global epidemic of content theft violates people's rights and discourages the creation of new web content.

One thing that is not protected under fair use is a mirror copy of large portions of your content used for commercial purpose. If you find full-text copy of your content published on other web sources without your permission, you have a good basis under copyright law to contact and claim your rights of exclusive use.

Whatever worth it may be, you may initite legal action by first serving them a legal notice on this and demand the relief that you expect  after which you contemplate proper legal action as per provisions of law.

 

 

ANIL KADYAN (professional)     27 May 2021

Send legal notice on that Facebook page if not know address. after that approach police complaint in copy right act.

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