Post: #1

Anyone have experience with DMCA notices?

A free ebook novel I wrote a few years ago and eventually released for free on the internet was taken by someone and uploaded onto the Barnes&Noble site and is now sold by them for $4.99, despite it being under a Creative Commons non-commercial licence.

I doubt that the thief has sold any copies but I want to defend my copyright.

I contacted Barnes&Noble and they asked me to send a DMCA notice.

I found a stock form on the net but I was wondering if anyone here has experience in these things and if there are any common pitfalls to avoid?

Post: #2

(11-03-2012 10:08 AM)Thomas the Rhymer Wrote:  Anyone have experience with DMCA notices?

A free ebook novel I wrote a few years ago and eventually released for free on the internet was taken by someone and uploaded onto the Barnes&Noble site and is now sold by them for $4.99, despite it being under a Creative Commons non-commercial licence.

I doubt that the thief has sold any copies but I want to defend my copyright.

I contacted Barnes&Noble and they asked me to send a DMCA notice.

I found a stock form on the net but I was wondering if anyone here has experience in these things and if there are any common pitfalls to avoid?

All of the requirements are in 17 U.S.C. § 512©(3)(A) - a link to the statute is here http://www.law.cornell.edu/uscode/text/1...icktabs-8. This is an older but still good sample that appears to satisfy the DMCA's requirements: http://www.ipwatchdog.com/2009/07/06/sam...r/id=4501/

Post: #3

They likely want your complaint in DMCA format as a formality. The ebook will be taken down pretty much immediately and a hold placed on payouts to the infringer.

Post: #4

In case some forum member in the future needs to file a DMCA, I'm updating this thread with what happened next:

I used a stock DMCA letter from http://www.plagiarismtoday.com/stock-letters/ - I just filled in the blanks - then I sent the DMCA notice to Barnes&Noble. They speedily took the ebook down and the person who uploaded it then contacted me. I then contacted Barnes & Noble to let them know that myself and the uploader agreed that the ebook would no longer be distributed by herself.

It was much easier than I thought it would be.