As a website owner and online editor for several state and national sites, I've had to deal with plagiarism and unauthorized appropriation of content.
It's theft of intellectual property (IP), plain and simple, when someone uses your copyrighted original works without asking in advance for permission. (This includes unauthorized reprinting of translated versions of your content.)
Laws here in the U.S. protect your works; the first and most effective step in deal with such IP theft is asking the offender to take the content down. If they don't, then ask the service hosting them to do so.
Important caveat at this point: I am not a lawyer; in no way am I giving you legal advice. You should definitely consult an attorney if the IP theft is costing you money or cutting into your livelihood and hurting your personal or business brand.
I am providing here, though, typical examples of Take Down Notices I have used in the past to successfully curtail IP thievery. Feel free to cut and paste for your personal use, consulting attorneys who specialized in IP theft as appropriate for your situation. (Examples after the jump, click on article title for more.)
One more important point: always indicate in your works that your content is copyrighted. It's just good practice.
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TAKE DOWN NOTICE #1 -- After inserting unique information indicated, submit directly to the alleged plagiarist either by way of furnished contact information or in the comments or reviews of the unauthorized copied content.if an unauthorized copy of your work has been published under their username/account; this includes unauthorized translations.
Attn: [Name of alleged plagiarist]
My name is [Insert your name + username] and I am the owner of content posted at [Insert URL of blog/website or fan fiction publishing page]. Content which appears to have been posted under your username/account is infringing on at least one copyright owned by me.
An article was copied onto your account without permission. The original work [Insert name of work], to which I own the exclusive copyrights, can be found at:
[Insert URL of your original work]
The unauthorized and infringing copy can be found at:
[Insert URL of unauthorized copy of your work]
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from URL above. If you are not the infringer but a service provider, take note that person(s) responsible for posting this unauthorized copy are expected to immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material in the future.
Please also be advised that if the infringing content is not removed immediately, service providers hosting the content in question will be asked to remove the content.
The law requires ISPs or other hosts, as service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider enjoys immunity from a copyright lawsuit provided that the service provider acts with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for service providers to remain immune from a copyright infringement action the service provider will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights I or my business own are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate.
Should you wish to discuss this with me please contact me directly.
Thank you for your prompt attention. Please confirm by email when take-down of the material has been completed.
Your Name
Your Username [where applicable]
Your Blog URL or FFn profile URL
Street Address [optional]
City, State, Zip Code [optional]
Phone [optional]
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TAKE DOWN NOTICE #2 -- After inserting unique information indicated, submit to administrator or support of your favorite fan fiction site if an unauthorized copy of your work has been published in their system and you have not been able to get infringer to remove the content; this includes unauthorized translations.
Dear [Name of ISP/host/website]
My name is [Insert your name + username] and I am the owner of content posted at [Insert URL of blog site or FFn page]. A user posting content your company hosts is infringing on at least one copyright owned by me.
An article was copied onto your servers without permission. The original work [Insert name of work], to which I own the exclusive copyrights, can be found at:
[Insert URL of your original work]
The unauthorized and infringing copy can be found at:
[Insert URL of unauthorized copy of your work]
This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.
Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.
Should you wish to discuss this with me please contact me directly.
Thank you for your prompt attention. Please confirm by email when take-down of the material has been completed.
Your Name
Your Username [where applicable]
Your Blog URL or FFn profile URL
Street Address [optional]
City, State, Zip Code [optional]
Phone [optional]
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