Someone is infringing on my copyrights. What to do?

Or a third and better option: send a DMCA notice to her hosting provider and to Google to make sure she's either taken offline completely or at least has her visibility greatly reduced.

I was a lawyer for some years. And I highly encourage people to come up with win-win scenarios. The best lawyer is the one who doesn't have to argue, but can mediate.. with an aggressive agenda. But to preserve your rights, you either need to come to an licensing agreement, or else she needs to stop. Period. It may also help if she pays a nominal "penalty" for the infringement, because it helps show in the future that you are enforcing your copyright.

Typically, in these situations, I like to ask myself, "What does this person like about what I am (or my client is) offering. And I use that as the bargaining chip. I approach, not with threats, but with an offer to give more, provide more, do more FOR THEM.

If they balk, you then point out that they are the infringer and you remind them of the leverage you hold. But I've NEVER had it come to that. And I've never had to bare my teeth. I just smile politely, keep it friendly, and figure out a win-win.

Trust me. She KNOWS she is in the wrong. She KNOWS she is in hot water. You DON'T have to remind her. But when you approach with an open hand and offer MORE than she already has stolen, you're likely to wind up with a REALLY sweet deal. The human conscience is a funny thing. Deep down, most people actually desire to do the right thing. They just did what they did out of some perceived necessity. And if you offer them a way out that doesn't kill them, they'll jump at it.


As a sidenote, whenever I catch a vendor in a screw up, the first thing I do is scour their website looking for other things I'd like, or be willing, to purchase. Then I approach them with a, "Hey, you screwed up. But if you sell me this extra item and make just a tiny bit MORE money off of me while giving me a huge discount, you'll be richer and I'll be a happy customer." It's especially effective when you are otherwise facing return shipping and other fiascos that they'll have to eat the cost of otherwise. It also works where you can provide (or desire) additional services. And I seldom get turned down. They want (1) more money, they want (2) a happy client relationship and if you can catch them in a screw up and then give them the opportunity to get MORE of BOTH by offering to give them MORE than they already have in their hand, their brain will implode and they'll gladly hand you over a great deal...

Of course, this isn't a good idea if their product totally sucks. That's a different issue. But for people who are, on the whole, pretty legit, it's a killer strategy. It's literally earned/saved me and my clients tens of thousands of dollars... maybe more.

I was a lawyer for some years. And I highly encourage people to come up with win-win scenarios. To preserve your rights, you either need to come to a licensing agreement, or else she needs to stop. Period.

Typically, in these situations, I like to ask myself, "What does this person like about what I am (or my client is) offering. And I use that as the bargaining chip. I approach, not with threats, but with an offer to give more, provide more, do more FOR THEM.

If they balk, you then point out that they are the infringer and you remind them of the leverage you hold. But I've NEVER had it come to that. And I've never had to bare my teeth. I just smile politely, keep it friendly, and figure out a win-win.

Trust me. She KNOWS she is in the wrong. She KNOWS she is in hot water. You DON'T have to remind her. But when you approach with an open hand and offer MORE than she already has stolen, you're likely to wind up with a REALLY sweet deal.


As a sidenote, whenever I catch a vendor in a screw up, the first thing I do is scour their website looking for other things I'd like, or be willing, to purchase. Then I approach them with a, "Hey, you screwed up. But if you sell me this extra item and make just a tiny bit MORE money off of me while giving me a huge discount, you'll be richer and I'll be a happy customer." It's especially effective when you are otherwise facing return shipping and other fiascos that they'll have to eat the cost of otherwise. It also works where you can provide (or desire) additional services. And I seldom get turned down. They want (1) more money, they want (2) a happy client relationship and if you can catch them in a screw up and then give them the opportunity to get MORE of BOTH by offering to give them MORE than they already have in their hand, their brain will implode and they'll gladly hand you over a great deal...

Of course, this isn't a good idea if their product totally sucks. That's a different issue. But for people who are, on the whole, pretty legit, it's a killer strategy. It's literally earned/saved me thousands of dollars.

I was a lawyer for some years. And I highly encourage people to come up with win-win scenarios. I believe that the most valuable lawyer isn't the one who argues best, but the one who can aggressively mediate in his client's best interests. To preserve your rights, you either need to come to a licensing agreement, or else she needs to stop. Period.

Typically, in these situations, I like to ask myself, "What does this person like about what I am (or my client is) offering. And I use that as the bargaining chip. I approach, not with threats, but with an offer to give more, provide more, do more FOR THEM.

If they balk, you then point out that they are the infringer and you remind them of the leverage you hold. But I've NEVER had it come to that. And I've never had to bare my teeth. I just smile politely, keep it friendly, and figure out a win-win.

Trust me. She KNOWS she is in the wrong. She KNOWS she is in hot water. You DON'T have to remind her. But when you approach with an open hand and offer MORE than she already has stolen, you're likely to wind up with a REALLY sweet deal. The human conscience is a funny thing. In many cases, the person did what they did out of some perceived necessity, but they actually do desire the opportunity to "come clean" so long as it doesn't destroy them and make their lives a living hell. This is especially true if you can completely avoid making them feel like they did something wrong and instead make them feel like a valued partner. Sure, it sucks to swallow that pill, but my mother always used to ask me, "Would you rather be right? Or be happy?" So you eat all the crow you need to at first, and give them the opportunity to feel like they are a contributor, rather than a thief. You make it as easy as can be for them, and in the end you just make sure you get all the value you deserve. And just remember that in the end, you can always come down with Thor's hammer if you need to... because of course, they are thinking the same thing.


As a sidenote, whenever I catch a vendor in a screw up, the first thing I do is scour their website looking for other things I'd like, or be willing, to purchase. Then I approach them with a, "Hey, you screwed up. But if you sell me this extra item and make just a tiny bit MORE money off of me while giving me a huge discount, you'll be richer and I'll be a happy customer." It's especially effective when you are otherwise facing return shipping and other fiascos that they'll have to eat the cost of otherwise. It also works where you can provide (or desire) additional services. And I seldom get turned down. They want (1) more money, they want (2) a happy client relationship and if you can catch them in a screw up and then give them the opportunity to get MORE of BOTH by offering to give them MORE than they already have in their hand, their brain will implode and they'll gladly hand you over a great deal...

Of course, this isn't a good idea if their product totally sucks. That's a different issue. But for people who are, on the whole, pretty legit, it's a killer strategy. It's literally earned/saved me and my clients tens of thousands of dollars.

Going down the "legal" road is pretty much stressful and time-consuming. That's why it doesn't have to be that way. I'd have to piggy back on people's sentiments here. Negotiate.

The best way to go about it is to contact her and propose a win-win situation to you both. Tell her you don't want to settle things in court because it would be stressful to you both and that you want to help her because you think her product is for a good cause.

But, you also need to stress that her use of your materials -- for free when you actually use them for business -- is something that bothers you.