Theft of your digital photos and videos
Whether it’s YouTube for videos or Flicker for photos, the ever-increasing demand for entertainment leads to the creation of more and more websites dedicated to displaying amateur “art” in hopes of massive popularity. As the recent sale of YouTube to Google for $1.65 billion demonstrates, once a website gains popularity, wealth is not far away. This trend has increased the demand for new and entertaining content. Most of the time, these services are based on self-submitted videos, photos, or articles, but as more sites appear, the available supply dwindles. Consequently, a phenomenon commonly known as “website hacking” has become increasingly popular. This form of piracy occurs when an individual uses some service or view to post their own video, photo or blog, to share that particular media with known friends. Hackers looking for new and original content often hack this information and use it on their own site, in an attempt to gain views and popularity in an effort to be the next YouTube.
Most of the time, this form of piracy is not discovered, or alternatively, if it is discovered, it is considered by the true personal copyright owner as too much time or money to pursue the hacker. Whether or not he sees it as such, this form of hacking constitutes theft. Unlike the theft of tangible or personal property, this is intellectual property theft that only you are entitled to. When theft, or hacking, reaches the level of intrusion where action is necessary, the person must first determine how to stop the theft. .
The first necessary step is to identify the source of the original theft. When intellectual property has been stolen over a period of time, this can be a difficult task. More often than not, the material has not spread to the point where it is difficult to trace back to the original hacker. However, if you discover that information has spread, you should contact the administrator of each website and identify yourself as the primary source, and most sites will post a correction. If you can at least find a name or business name, you can use certain directories to track down a postal or email address. [such as [http://www.whois.godaddy.com]http://www.whois.sc and [http://www.dns.com]among others].
The next step, without involving a lawyer, is to contact the hacker using the information found on his site. You must first request that they stop transmitting your material. The first request should be polite, in case he doesn’t really know that your site is using his property. If your efforts are repudiated or you do not receive a response, it may be necessary to contact an attorney for further action.
If you are disowned and decide that you would like to move forward, you should contact an attorney who is experienced in cyber law matters. A qualified attorney can help you begin to preserve evidence by creating a paper record, gathering information, and properly establishing ownership of stolen material. Once ownership is established, the lawyer can help you register your copyright with the United States Copyright Office, as in the United States it is necessary to register a work before asserting your rights with respect to it. that work. Once registered, the attorney will likely choose to issue a financial cease and desist order for the hacker. Depending on the cease and desist order, he must contact those who advertise in the hacker’s view, as well as the associated search engines, and show them that their material is the subject of a cease and desist order. Most search engines will comply immediately, as Title II of the Digital Millennium Copyright Act (DMCA) creates a safe harbor for these companies, preventing them from taking any liability when they pull material immediately in response. to said request. These steps, backed by the consumer-oriented DMCA, allow victims of cyber theft to minimize the damage caused by the hacker.
If the hacker still refuses to stop using your now copyrighted material, your lawyer can properly advise you on how to proceed and what type of legal action may be necessary to ensure compliance with your order, and whether any form of damage may be available. to you in your enforcement proceedings. Only an experienced cyber law attorney can efficiently and accurately guide you through the web difficulty that arises when illegal hackers steal personal content. People should take steps to keep personal material private and ensure that hackers are not allowed to continue their illegal acts.