I FOUND A WEB SITE USING MY GUIDE WITHOUT PERMISSION. WHAT SHOULD I DO? Unfortunately, there are several web sites out there that browse through GameFAQs, take guides, and post them on their site without asking permission from the original authors. What they may fail to realize is that the FAQs are owned by their authors, and international copyright law does apply to each of them.
Now, keep in mind that GameFAQs has no legal authority to stop this activity. Only the original author of a FAQ can take action against copyright infringement.
We are not lawyers and cannot give you legal advice, but we do, however, recommend that you take the following tried and true steps when something like this occurs:
Keep a level head. This may be an accident or a mistake, or the web site may honestly not be aware of your rights in this matter. Many gaming sites are run by people who have no experience in any kind of legal issues, and they might not understand why you're upset. If you do want to make an announcement on a message board or other public forum to let others who may be in a similar situation know about it, be civil, and do not stoop to name-calling or threats. Send the administrator of the site in question an e-mail politely demanding immediate removal of your work. Do not make any legal threats or personal insults; simply state the facts of the matter, and nothing more. Here is an example letter you are free to use, although the tone may be more harsh than you want to be:
To the editor/owner of (insert site name here):
It has come to my attention that you are hosting an unauthorized copy of my copyrighted work on your web site, located at this URL:
(insert URL of copied work here)
I am the legally recognized author of this file, and I have not granted your site permission to use my work in this manner. This is a violation of copyright, as well as my rights to control my own work. Although I have allowed my guide to be viewed for free, this does not mean that I am allowing it to be re-published without my permission. While you may not have been aware of this situation previously, you do appear to be the responsible party in this matter, and I am asking that you rectify the situation as soon as possible.
This is my demand that you remove my work from the location stated above, and any other locations under your control where my work might be found. Please ensure the removal my work from your site within the next 2 business days, and reply to this e-mail upon the removal of my guide. If the person in charge of the web site refuses to respond or to take down your work, you can then use a much-hated but very useful law to help yourself: The Digital Millennium Copyright Act, also known as the DMCA. A typical notification will consist of a faxed or mailed statement consisting of the following: an electronic or physical signature of the owner of the copyright (or a person authorized to act on the owner's behalf) a description of the copyrighted work that you claim has been infringed and a description of the infringing activity identification of the location where the original or an authorized copy of the copyrighted work exists (the URL) identification of the URL or other specific location on this site where the material that you claim is infringing is located your name, address, telephone number, and email address a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf At this point, if both the web site operators and their host refuse to remove your work, it is in your best interests to speak with a lawyer that specializes in this sort of thing. Once a company ignores a DMCA notice, they also share responsibility for the copyright infringement, and can become a party to any legal action you choose to take.
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