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My copyright is being infringed

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Lawdit Solicitors - Expert Author

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2 October 2009

Copyright protects the skill labour and effort in your work. Copyright is a form of property and if your work is copied then you can enforce your rights but how?

Take a literary work; i.e. a book this is considered to be a literary work, if someone copies the text, or your company brochure, your website and you can prove you are the owner of the work then you will need to write to this person setting out that you are the owner of the work. You will refer to the Copyright Designs and Patents Act 1988 ( as Amended) and assert your ownership. You need to be a qualifying person i.e. someone based in the UK and enclose details of your work and produce evidence of copying. The letter ( known as a cease and desist letter) will demand the infringer undertake certain immediate steps, for example, removal of the offending text and payment of damages. Allow the person 14 days to do so if they fail to acknowledge the letter or refuse to remove then you will need to issue a claim in court for copyright infringement. Quite simple.

Michael Coyle is a Solicitor Advocate and can be located at michael.coyle@lawdit.co.uk


About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.



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Article Published/Sorted/Amended on Scopulus 2009-10-16 19:59:59 in Legal Articles

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