Copyright infringer doubling down

[ebaysucks]

Massachusetts

A person uploaded a song to one of those music hosting sites(Soundcloud) which contained heavy samples of my copyrighted music.
I did not notice it till months after. The song received over 5000 plays/downloads and was advertised through social media and through
his online magazine. Well when I finally noticed what was going on I confronted the person who was rather smug with me after I explained
the song he uploaded had samples of my own copyrighted song in it. I then performed a DMCA take down notice and the song was soon yanked.
So what does he do? He uploads it to another hosting site and I have to again file a DMCA notice and have it taken down. After that he
apologizes and says he didn't know it was mine. This he says after I told him it contained large samples of my song.

How strong of a case do I have for intentional copyright infringement? I have screenshots and of course emails from him and the websites that
took down the song. I of course realize there is such a thing as blood from a stone. That is to say it might not even be worth pursuing. Just the
same let's say for argument sake it's worth pursuing, are his actions enough to make it a rather simple case?

 

[quincy]

Massachusetts

A person uploaded a song to one of those music hosting sites(Soundcloud) which contained heavy samples of my copyrighted music.
I did not notice it till months after. The song received over 5000 plays/downloads and was advertised through social media and through
his online magazine. Well when I finally noticed what was going on I confronted the person who was rather smug with me after I explained
the song he uploaded had samples of my own copyrighted song in it. I then performed a DMCA take down notice and the song was soon yanked.
So what does he do? He uploads it to another hosting site and I have to again file a DMCA notice and have it taken down. After that he
apologizes and says he didn't know it was mine. This he says after I told him it contained large samples of my song.

How strong of a case do I have for intentional copyright infringement? I have screenshots and of course emails from him and the websites that
took down the song. I of course realize there is such a thing as blood from a stone. That is to say it might not even be worth pursuing. Just the
same let's say for argument sake it's worth pursuing, are his actions enough to make it a rather simple case?

It sounds as if the guy used your song knowing it was not his and it was copyright-protected. I doubt he could claim innocent infringement.

Is your song federally registered?

 

[ebaysucks]

It sounds as if the guy used your song knowing it was not his and it was copyright-protected. I doubt he could claim innocent infringement.

Is your song federally registered?

Yes it is registered with the copyright office.

 

[quincy]

Yes it is registered with the copyright office.

The federal registration is notice to the public that the work is copyright-protected so any infringement is likely to be looked at as intentional infringement.

Did you send the guy a cease and desist letter and a demand for compensation? Are you considering suing the guy for infringement to recover statutory damages or, perhaps in your case, actual damages?

 

[ebaysucks]

The federal registration is notice to the public that the work is copyright-protected so any infringement is likely to be looked at as intentional infringement.

Did you send the guy a cease and desist letter and a demand for compensation? Are you considering suing the guy for infringement to recover statutory damages or, perhaps in your case, actual damages?

Not a physical letter because I only have his name. His website is privacy protected and I'm uncertain of where he lives(possibly east coast/possibly west coast or both). On the day I found it I told him to stop via email and he ignored me until I filed 2 DMCA take down notices(2 different websites. He uploaded the song again after the 1st and updated the link on his website to reflect this) and a 3rd complaint to the company who hosts the content. The latter refused to removed anything saying they were links/embedded links.

 

[quincy]

Not a physical letter because I only have his name. His website is privacy protected and I'm uncertain of where he lives(possibly east coast/possibly west coast or both). On the day I found it I told him to stop via email and he ignored me until I filed 2 DMCA take down notices(2 different websites. He uploaded the song again after the 1st and updated the link on his website to reflect this) and a 3rd complaint to the company who hosts the content. The latter refused to removed anything saying they were links/embedded links.

First, a website that intentionally links to copyrighted material knowing the material is infringed can also be infringement.

Service providers have designated DMCA agents that accept service of any legal papers, and subpoenas can be issued by district court clerks to service providers which will require service providers to reveal the account information (the identity) of a copyright infringer.

In other words, it is possible to send a cease and desist letter through the ISP agent and it is possible to find out the identity of your infringer, if you wish to move forward with any legal action against your infringer.

 

[ebaysucks]

First, a website that intentionally links to copyrighted material knowing the material is infringed can also be infringement.

Service providers have designated DMCA agents that accept service of any legal papers, and subpoenas can be issued by district court clerks to service providers which will require service providers to reveal the account information (the identity) of a copyright infringer.

In other words, it is possible to send a cease and desist letter through the ISP agent and it is possible to find out the identity of your infringer, if you wish to move forward with any legal action against your infringer.

Thanks for that advice. I'm weighing the cost involved and that old blood from a stone thing. My initial inquiries seems to indicate the infringer may not be an American citizen and may travel quite a bit living out of a suitcase and a cellphone. I'm definitely not looking to go forward based upon principles. I'm just feeling out the situation.

 

[FlyingRon]

If he keeps uploading it to the same site, most likely multiple DMCA takedowns will eventually get him booted from the site.
On private websites sometimes the ISP kills the entire site (had that happen to one persisntent stooge on my material).

 

[quincy]

Thanks for that advice. I'm weighing the cost involved and that old blood from a stone thing. My initial inquiries seems to indicate the infringer may not be an American citizen and may travel quite a bit living out of a suitcase and a cellphone. I'm definitely not looking to go forward based upon principles. I'm just feeling out the situation.

The costs involved in pursuing an infringer is what stops a lot of copyright holders from taking legal action. The DMCA takedown has at least allowed for the easy and cheap removal of material from places online.

Unfortunately, the DMCA is a United States remedy. You are not going to be able to take advantage of the DMCA takedown notice everywhere in the world. In addition, although the US Copyright Act has a statutory damages provision which can make it worth the cost for a copyright holder to file a suit against a US infringer, other countries do not provide for statutory damages in their copyright laws. Some countries like Vietnam and China, even though they have copyright laws, make no effort to enforce them. Infringers can thrive in these countries and there is little a copyright holder from the US can do, especially if the ISP is not cooperative.

I understand your frustration. Like FlyingRon, I have had material infringed and I have just had to shrug and accept that it sometimes happens.

Good luck with whatever it is you eventually decide to do, ebaysucks.