Copyright and Copies

11/12/2018   

Copyright and Copies

The action for infringement

Copying someone else's creations causes harm to all sectors of the economy, regardless of the scale. When someone copies your creation, it means you, the author or owner of the copyrighted work cannot fully enjoy the benefits of your creation.

There are several types of counterfeiting that are already known:

• Counterfeit mark : this refers to the production of certain brands of items such as bags by putting a false label and selling them at low prices when these models have not been created by the company that owns the mark.

• Counterfeit products : these are copies of articles, similar to the original under a different name

• Infringement "mixed": This is the most popular type of forgery, because often they copy both the model and brand. The luxury goods sector is the most common victim: Fake Louis Vuitton bags or Rolex watches, for instance, are common targets.

• Infringement of copyright and copyright: This refers to a copy of a creation such as a project, text, song, film script, website content, or even a program, music, system, or a business plan.

The procedure for infringement : In case of infringement, the law provides a cause of action, in which the owner of the copyright responds to the infringement to prevent damages caused by this copy, such as lost profits, damage to the brand image and to protect resellers and existing or future customers.

Several causes of action are possible and depend on both your situation and that of the infringer of your copyright. For example:

Your website has been copied and its contents (beyond the mere reference) are copied elsewhere online. Preventing the ability to right-click does not work, so you will need to provide other means to enforce your copyright. For example, if you registered your site's content and source code, you will need to :

· Identify the owner of the site (Publisher Site), in the pages of site (legal notices, terms and conditions of sale ..) or via the website www.whois.net.

· Record the copy, using screen shots (Alt + Print Screen).

· Apply for action by a public notary (doubt) or by finding our automated online pages in question.

Once the evidence has been compiled, you can choose between:

a. Sending notice to the infringer to remove the copied content that infringes your copyright or

b. Having your lawyer request a procedure, which will not only help to stop the spread of the copy and establish the damage caused by the copy. This damage can be established, for example, through the seizure of the accounts of former clients of yours, an accounting of revenues lost, etc.