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Website Copyright Situation, Need Help.

Discussion in 'Business & Tax Advice' started by Loco Penguin, Sep 19, 2012.

  1. Loco Penguin

    Loco Penguin Regular Member

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    Hi!
    I have a website that contains
    1.pictures of a movie,
    2.summary of the movie and
    3.an embed code of the movie from external website (the movie is not hosted on my website)

    and also my domain includes the movie : watch XXXXX now .com

    My website is hosted on justhost, and I just found out that my website is suspended untill I will solve this situation.
    They received a letter from Warner Bros, saying:

    <COMPLAINANT Unauthorized Use of Warner Bros.' Property >. All content, images, products, logos, etc pertaining to the infringing brand/material must be removed.

    My website also got banned from google, probably because of this DMCA.

    I've seen tons of other websites in my niche that have "video search engine" and they are linking to 20+ websites that are streaming the movie, just like I link to the movie, yet they don't get banned for some reason, therefore I'd like to know if anyone knows how can I change my website to work properly while linking to the movie and still not getting a DMCA complaint..

    I don't mind removing the pictures and summary, the thing that I'm concerned about is the possible problem of linking to the movie/embedding it in my website.

    I hope you could help me, thanks!
     
  2. 4trsuted

    4trsuted Regular Member

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    Have you added something like this on your site: "All trademarked images and so on... belongs to WB, this is solely a fan site and so on"
     
  3. infoasian

    infoasian Supreme Member

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    forget your website and move on.
     
  4. Loco Penguin

    Loco Penguin Regular Member

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    No, but I wrote a DMCA policy that says that I don't host any of the stuff on my website, and non of the episodes are my property.. :\


    I invested more than 5 months of SEO and building this website, why would I drop it and move on without even trying?
    please elaborate man..
     
  5. infoasian

    infoasian Supreme Member

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    It's up to them to exercise their legal rights. Once they kicked you, they will not come back to you and say "sorry, you need to do this to infringe our rights to be acceptable.." That's why I think it's a waste of time to continue with your project.

    Read about fair use and consult a lawyer before you start a project. Just because others get away with similar sites, does not mean they let everybody slip the net.
     
  6. singhavn

    singhavn Jr. VIP Jr. VIP Premium Member

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    It is the matter of getting caught first. Those other sites will be caught sooner or later. The best thing to do is to move on. A thorough documentation on copyright infringement policies, terms and conditions, etc. is required to tackle these things. Once we received a notice from Sony Pictures for trading blu-rays in our forum, they contacted us first before we had such provision, all we had to do was to remove those posts.
     
  7. senior

    senior Regular Member

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    The reason you are able to find those awesome domain names that have the movie name in them is because you can't use them. That is unless you can prove that you had a movie.program that pre dated the WB one. In that case you can sue them.

    They don't go after you right away because they like to hear that you put 6 months into that site and now have to give it up. Then when you try to resist them they get really happy when they get to drag you to court and cost you as much time and money as they possible can. Run, don't walk from this! and do not use someones trademark or copyrighted data in a domain name.
     
  8. Loco Penguin

    Loco Penguin Regular Member

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    I asked justhost and they told me that they will be happy to activate my account once the copyrighted stuff will be gone, I'm trying now to figure out how to make it work while not deleting the domain, either way, my website is deindexed by google because of the suspension, therefore I have time to think what I can do with it before "Warner Bros" will come back again, so next time they wouldn't be able to do it. Yet, one thing that really bothers me is using the name of the movie in the domain, since I'm not sure if it is allowed or not.
     
  9. AnotherOne

    AnotherOne Senior Member

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    That movie name is copyrighted and using that name as/in a domain is against DMCA though some companies/online sites allow their name to be used in sub-domain.

    Remove all the copyrighted content from your site and contact JustHost again.