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Hey kanoon guru, Some unknown person published my article without my permission. Can u help me in this matter

Sure. Do book a slot for consultation

Good afternoon, As per my knowledge if you have registered your article under copyright act, then legal actions can be taken, otherwise your article will be considered open

Yes, you can file a copyright infringement suit against those unknown persons who published your article without your permission.

Yes, I can help you in this matter. You required to provide the relevant details and facts of the matter, in order to help you further with the same.

This is a copyright infringement. You need to contact qn IPR lawyer for the same.

Yes a case of IPR infringement, piracy and unauthorized use can be filed if these two conditions are fulfilled 1. If you have proof that you came up or posted (with receipt) the article in any institution or establishment before the other person. 2. if it is has caused you injury. Feel free to contact me for further inputs and a proper litigation strategy

Firstly, you need to send a cease and desist notice to the publisher demanding to take down your copyrighted work (i.e. Your Article). Further, sent an infringement notice to the author, who published your copyrighted work. Also, two things, one if it happened in the same country that the work is copyrighted, you can skip the step of infringement notice and can file a lawsuit if you wish. Suing might be worth it if the infringement was intentional and you might be able to get a significant settlement. If it happened overseas, filing a lawsuit gets a bit more complicated, so an infringement notice and a cease and desist notice are better first steps.

Do you have any proof that you had written the article? If yes, you have legal recourse.

If you have proof that you are in fact author of the article then this is a case of passing off. You can send a legal notice to pull down the article or get due credits. Even court proceedings can be initiated if required.

Hi Ashwani, I read your query on this platform, as your article is published without your permission, if on website then we have to give a takedown notice and if it is published in print media then we will give copyright infringement notice. For further details you can contact me through this website.

If by any chance you get to know that person by your personal connections, we can send a Legal Notice to him/her, If that solves your purpose.

Ms. Ashwani if you had copyright protection for your article then you can file for copyright infringement and if its not copyright protected then you will have to prove that you are the original owner of the afticle. For further quries you can book a consultation via this platform.

If it is certain that your article is original and created before the alleged published article that you are impugning then you can very well institute a suit for infringement of your copyright under Section 55 of the Copyright Act, 1957. Prior to the institution of the civil suit and availing other legal remedies, it is of paramount importance that you find the identity of the infringer as the identity and location of the infringer would be required in the further course of the legal proceedings - to send notice/summons, etc. The identity of the infringer may perhaps be discovered by enquiring from the publisher of the impugned article of the infringer.

Aman Mir
Advocate Aman Mir
25 Apr 2021 10:21 PM

You will be required to have the details of that person and the proof of authorship of the said article. After which you can send him a copyright infringement and a cease and desist notice

Please provide some evidence in your support showing that the article was written by you and also that it has been published by someone else (Such as the platform on which the unknown person has published it). After that, we can proceed with sending the unknown person a "Cease and Desist" Notice for taking down your work and stop using it as his/her own work.

Surely. This will come under the category of copyright infringement.