Owners are increasingly putting countless hours into designing their websites, perfecting their content and attempting to maximise their web traffic.
So, what legal action can you take when, after finally perfecting your site, someone decides to steal content from it? Do you have any legal rights if this occurs?
The short answer is: yes!
Potential Breach of Copyright
If someone steals content from your website, you may have a claim for breach of Copyright under the Copyright Act 1968 (Cth). Under this Act, Copyright protection will vest in the work when it is created. This includes any imagery which you have created and subsequently published.
If you believe someone may have stolen your original imagery or text (or part thereof) you should immediately contact an experienced commercial lawyer who can advise on the best method of having the reproduced content removed.
This is particularly the case in circumstances where your content may be reproduced and available for viewing through third party intermediaries, such as YouTube and Facebook.
If you want to deter individuals from contemplating stealing your work, you should include the copyright symbol (©) and the year that the copyright interests were created.
Now I know what my claim may be, what can I do about it?
If you allege that someone has stolen content from your website, a cease and desist letter is often the first step.
These legal letters of demand outline your claim and demand that the infringing conduct must stop. Cease and desist letters often demand compliance within a short time frame in an attempt to prevent the breach from continuing for an extended period of time.
Should a letter fail to achieve the desired outcome, you should consult an experienced lawyer who can guide you through the next steps in the process. This may include commencing legal proceedings for the removal of the stolen content.
If you are contemplating suing the alleged infringer for stealing your content, you should also refer to our article, ‘Thinking of suing someone?’.
How can Sharrock Pitman Legal assist me?
Should someone steal your website content, you should immediately seek legal assistance. We have Accredited Specialists in Commercial Law who can advise you on the merits of your claim and, if appropriate, issue a letter of demand and commence proceedings to seek the removal of any unauthorised publication of your content.
If you require further information, please contact our Managing Principal, Mitchell Zadow, on (03) 8561 3318 or alternatively fill in the contact form below.
The information contained in this article is intended to be of a general nature only and should not be relied upon as legal advice. Any legal matters should be discussed specifically with one of our lawyers.
Liability limited by a scheme approved under Professional Standards Legislation.
Mitchell is the Managing Principal of our law practice.
He is an Accredited Specialist in Commercial Law (accredited by the Law Institute of Victoria). He also deals with areas of Employment Law, Wills & Estate Planning and Probate. For further information, contact Mitchell on his direct line (03) 8561 3318.
