Dear Avvo Staff,
we are a new company in Germany. Our main work is to finance songs, video clips and record them to the record studio. All commercial rights we have from the Lyricist, composer, record studio and Video Editor too.
Everything is in written form.
Our main trouble is piracy. Some persons are giving our music for free to download on internet, just to win some money with google advertising over Adsense.
In a lot of cases, we have sent dmca takedown requests, some have respond to them, some in France like OVH ISP they did not respond. Our wish is to send all the infringers to the court, but we are not able to have the original data of the website owners. All the data are protected with Whois Guard.
Our question is: How to deal this situation please?
Intellectual Property Law Attorney
These questions are not answered by "Avvo Staff", but rather by independent attorneys as volunteers for business development or charitable purposes or entertainment. Generally the attorneys hope to interest you in hiring them.
As a new German company, you will likely want to hire an Internet lawyer with good international experience. That may be a large international law firm with offices in both US and Germany, provided they have experience and skill in Internet and copyright.
It is not surprising that a French ISP would not respond to a DMCA takedown request since the DMCA is a US law not a French law. You won't get much response in China or Russia either to a notice of violation of US law.
Some piracy you can stop, other piracy may be localized or in a "safe haven" jurisdiction that allows copyright infringement of this sort. You will need an attorney to assist you in resolving local infringement through foreign associate counsel. For you that will likely be best done through German law offices.
I am not your lawyer and you are not my client. Free advice here is without recourse and any reliance thereupon is at your sole risk. This is done without compensation as a free public service. I am licensed in IL, MO, TX and I am a Reg. Pat. Atty. so advice in any other jurisdiction is strictly general advice and should be confirmed with an attorney licensed in that jurisdiction.
You are describing what seems like it will be a major effort. I really think you need to identify an IP lawyer in the most appropriate market, which may be Germany or perhaps here in the US (or both) and form a strategy about how you want to handle these incidents of infringement. In some cases, there will be remedies and in others there will be literally nothing you can do.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.
Intellectual Property Law Attorney
The question suggests that it is "your" music which is being downloaded, i.e., that you are the copyright owner. If so then you need to consult Intellectual Property attorneys within your jurisdiction for advice regarding your options.
My comments have been made without discussion. An attorney client relationship has not been established. There may be conflicts which prohibit my providing you with specific legal guidance. Any contact with you beyond these few general words will start with a disclosure of opposing parties so that a conflict check can be made. You should discuss with an attorney.