DMCA Notice

8.10.2009

You learn something new everyday – we should all be so fortunate!  On Thursday, I received an email from my webhost that they received a DMCA complaint involving my domain, elumdesigns.com.  Having never heard of a DMCA notice I immediately clicked the link in the email to read what it was all about.  It seemed that I was being accused of “infringing on copyrighted material” that belonged to Dolce Press.  Quite shocked, I immediately forwarded the email and notice to my copyright attorney for review.  For those of you that have never heard of a DMCA notice, click this link to learn about it:  http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act

In a nutshell, Elum is being accused of infringing the “copyright protected” designs of Dolce Press, which I believe were copied from us in the first place.  Make sense?  I don’t think so either.

Elum has the right to display images of what we believe are infringing copies of Elum proprietary designs.  The images from Dolce Press were placed on our site to illustrate our belief that Elum’s protected designs were being copied by Dolce Press in violation of Elum’s rights, and to allow consumers and the industry to make up their own minds about it.  That is a fair use under copyright law.

In order to avoid costly attorney fees and all of the BS associated with having to deal with a situation like this, we decided to remove the Dolce Press images that we believe were “inspired” by our designs in the first place and just get on with business, and life.  We made our point – we got Dolce’s attention, and we have made it clear that Elum will protect its proprietary rights, as should everyone who feels that they have been violated.

If you believe a website is displaying your copyrighted materials without permission, you may be able to send a DMCA takedown notice to the site host and have the offending material removed.  Click this link for more information:
http://www.chillingeffects.org/dmca512/faq.cgi

Disclaimer: I am not an attorney; this blog contains our opinions, is not legal advice and is for informational purposes only.  I do not endorse the third party links contained herein, and have no connection or interest in or to them.  They are provided as is, and may or may not contain information useful for your particular situation.

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3 Comments

  • Reply Lisa Jeffries 8.10.2009 at 9:13 pm

    UGH! I’m so over companies (Dolce) thinking they have legal right to original creative work designed by someone else (Elum). One of my clients is having the same problem right now. It’s insane, and really only benefiting attorney fees. Good luck! If the courts don’e get ’em, karma will! 🙂

  • Reply The Perfect Palette 8.11.2009 at 5:01 pm

    we absolutely love your products- and we just know our readers would as well! swing by sometime – we’d love to feature your products one day!

  • Reply Jill 9.02.2010 at 4:31 pm

    i hate to say it, but it’s the nature of the beast. every year we walk NSS and see things we could easily say were knock offs of our cards. just hold your head high and know you did it first and anyone who knows your work will know your mark.

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