Charlotte, NC asked in Copyright for Massachusetts

Q: can i use dmca to remove infringing copy of my work from a website of someone i already have a lawsuit against.

thank you... updated... I am in federal court for copyright infringement, and dmca notice on the website to keep my books out of their hands. they have threatened to send an injunction to the judge if i do not allow them to keep my content on their website. in their counterclaim they are saying that i do not have any rights in the book even though i bought it from the original owner. they are not claiming shared copyright, they are claiming, "he has no authorship / copyright in the works'. is any reason why i wouldn't be permitted to use my dmca notice for takedown? and,,, If they were to submit a injunction to make me stop using the dmca the way it is written, to remove my content from thier websites, to the judge, would the judge do anything really?

Related Topics:
1 Lawyer Answer
Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
  • Intellectual Property Lawyer
  • Beverly Hills, CA

A: The fact that you have a pending complaint in federal court does not keep you from submitting a DMCA takedown notice to any online platform.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.