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If there is no Copy right on a site the person can not claim...?

If there is no Copyright on a site the person can not tell you to take your site down for something similar on your site right? A friend of mine sells stuff at a farmers market everything was fine until she started a site. She got an email asking for it to be taken down and that she copied it. When she went to that persons site there is no copy right anywhere. Do she still have to legally? Or should she ignore them?

Update:

Wanted to add that its not the site but her bedding design, Shes being selling it for years and never even heard of this persons stuff as shes in Canada and they are in the USA. Hope that clears it up a little.

Update 2:

Scratch that. Just got an Email Apparently they are from Norway :S not the USA

4 Answers

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  • 1 decade ago
    Favorite Answer

    All Web sites are copyrighted, whether they contain a copyright notice or not.

    Copying all or part of another person's Web site requires that you get permission from that person.

    So, yes, she still has to take the site down. It's illegal to make a copy of a site without permission, in the USA, in Canada, and in Norway.

  • 1 decade ago

    YEs, a website is copyrighted even if it doesn't "say so", as copyright notice has been optional since 1989, under the Berne Convention Implementation Act. The web only became available to the public after that, so it is simple to assume that everything not previously published is automatically copyrighted on the web.

    On the other hand, if the person is claiming she copied a bedding design that she actually came up with herself (and actually never saw the original anywhere), then she should tell them to pound sand. By definition, it is NOT copyright infringement if there was no copying, regardless of whether the original is copyrighted properly or not. However, there have been cases where the only necessary proof of copying was that the original had been "widely disseminated" in the related field, e.g., magazines or art brochures, and the like.

  • 1 decade ago

    By law, an author, artist, or photographer has the rights to his own work, even if he doesn't explicitly say so.

    If your friend copied someone else's site, she should take it down and create her own. It isn't that hard to do, or she could probably get a college student to design her a new one pretty cheaply. Or she could use a free blog with a choice of layouts. She doesn't have to take someone else's artwork or design in order to have a nice website of her own.

  • ?
    Lv 5
    1 decade ago

    this would be something she would want to discuss with her lawyer and the person who claimed it's lawyer. it's possible it is copyrighted but they didn't put the copyright information on the site.

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