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Digital Media, IP & Technology Law Insights

Legal analysis for founders, creators, technology businesses and brands across intellectual property, digital media, AI, platforms and commercial law.

PAIL Solicitors digital media, intellectual property and technology law insights
PAIL® INSIGHTS Ideas · Rights · Technology · Commercial Strategy
The Idea Behind PAIL® Insights

Why “My Way”?

Frank Sinatra’s My Way captures something fundamental about intellectual property: the distinction between an idea and the individual expression of it.

Copyright does not give someone ownership of an idea itself, but it can protect the particular way that idea is expressed through music, literature, art and other creative works.

That principle of creating, building and expressing something your way sits at the heart of this blog. PAIL® Insights explores the legal issues that arise when creativity, technology and commerce meet — and the rights, relationships and decisions that determine who can control and benefit from what has been created.

About the Blog

Practical Legal Insight for a Digital World

PAIL® Insights brings together legal analysis, practical guidance and commentary across intellectual property, digital media, AI and technology, creators and talent, reputation, platforms and commercial law.

The articles are written for founders, businesses, creators and professionals who need to understand not only what the law says, but how legal developments affect ownership, commercialisation, contracts, risk and growth.

Every article is written, reviewed or edited by Peter Adediran, Founder Solicitor at PAIL® Solicitors.

Written & Reviewed By Peter Adediran Founder Solicitor · Intellectual Property · Digital Media · Technology · Commercial Law
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Website Takedown

 

Website Copyright Takedown Notice Lawyers

Website Copyright Takedown Notice Lawyers explain United Kingdom compared to United States Law and the DMCA Website Takedown Notice.

The legal issues involved in copyright licensing of a website, website terms and conditions, takedown notices and diversion of domain names are very complicated because there is often a global element to a dispute. So, for example, you are an attorney in the United States and have a client based in Russia that has two largely identical websites – one in the UK, one in the US, each hosted by country-specific subsidiaries of the same hosting company.

The host removed the UK site because of a spurious copyright infringement claim by your client’s former partner. You are then engaged to protect your clients US interests, including having the US site restored should US site be taken down under the DMCA take-down notice.

In the US if a host takes down a site under a DMCA notice, they must later restore the site under a DMCA response from the alleged infringer. Following the procedures provides a safe harbour for the ISP from liability for infringement. However, your client wants to know whether there are analogous provisions in the UK.

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What steps can be taken short of litigation to have a site that has been taken down restored?

The answer is:

Article 12-15 of the Electronic Commerce Directive 2000 parallels in no small part, safe harbours, introduced by the DMCA.

UK implementation took place in the:

Electronic Commerce (EC Directive) Regulations 2002.

ISPs have immunity from liability for copyright infringement provided that they do not have actual knowledge of infringement and they act expeditiously to remove infringing websites when informed that such sites are engaging in illegal activity. Notice is given to the ISP under:

Regulation 6(1)(c) of the Electronic Commerce Regulations 2002.

ISPs are not immune however to injunctive relief. An ISP is unlikely to bring down a website on the expositional evidence of one party. You would almost always require an injunction.

In some cases, competitors will seek to drive a rival out of the market by diverting the rival`s website address or domain name to a pornographic website leading to a court dispute.

To obtain a quotation, please contact us at (020) 7305-7491 or at peter@pailsolicitors.co.uk. We would be delighted to assist you. Mr Peter Adediran is the owner and principal solicitor at PAIL® Solicitors.  Subscribe to our newsletter to get blog post updates and other information about the firm straight to your inbox.

 
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