Creative Copyright Tip # 6 Say, “Hey! You Gotta Pay!”
Anyone who infringes your copyrights, violates your license or uses your intellectual property without permission, should pay you when caught.
If you decide to seek monetary damages then it’s time to talk to an attorney. You should focus on lawyers who specialize in intellectual property law, specifically copyrights. If possible, select someone with litigation experience. That will send the “You bet we are serious” message to the infringer.
Your intellectual property may be your most valuable asset.
Not too long ago LowerMyBills.com won a $200,000 copyright infringement settlement against a company that copied its distinctive advertising style. That settlement reflects the value of creative content that can be enforced through U.S. copyright law. Are you taking care of that part of your business?
Creative Copyright Tip # 5 Stop That Thief
If you find a website using your content without permission the first step you should take is to capture all evidence. That means fire up the printer and use your browser to save all pages from the offending site. Be sure to capture every PDF download, every video and every image because you never know how important that might be in the future.
For example, the infringer might have a Terms Of Use page that discusses their copyright policies. That evidence could later rebut a claim that “I’m just an innocent infringer who doesn’t know anything about copyright law.”
Also, if they have stolen your work, they may have stolen from others. That’s evidence you’ll want to have.
The next step is to send a cease and desist letter. Your cease and desist letter will pack more punch it comes from an attorney. But many times a few firm words on your own letterhead will get the infringing text removed.
If the cease and desist letter does not work, then you can file a DMCA notice with Google, Yahoo and other search engines. This action could result in the offending page or site being removed from search results.
Sabine Sharp, Glendale Designs, Sued For Copyright Infringement
Copyright infringer – Sabine Sharp, Glendale Designs, Glendale, Arizona, sued for copyright infringement.
Address:
Sabine Sharp
Glendale Designs
Universal Commercial Services, Inc.
4331 West Wagoner Rd
Glendale, AZ 85308
Phone: 623-322-6066
http://www.glendaledesigns.com/
http://www.glendaledesigns.com/company/index.html
http://www.linkedin.com/in/glendaledesigns
Report:
“I sued Sabine Sharp and Glendale Designs for copyright infringement after I found her using content from my website to drive traffic to her website with Google sitemaps and other optimization techniques. The case went to trail in August 2008. Sabine Sharp of Glendale Designs lost the trial and was ordered to pay monetary damages.
Sabine Sharp of Glendale Designs is an example of the very worst type of copyright infringer:
- Sabine Sharp is a self-proclaimed SEO expert who was using infringed articles to attract traffic via Google.
- She ignored repeated communications via phone, email and fax.
- She placed her copyright notice on the infringed content, including my article.
- When caught, she presented the totally unsubstantiated story that she had received the article out of the blue in an unsolicited email from Africa. Yes, Africa.
- Sabine Sharp testified that a computer crash destroyed all evidence of the “African” email. Unfortunately for her credibility, she stated that the computer crash occurred in 2005, and that she posted the infringed material on her website sometime in 2007. When asked how everything could have been destroyed in 2005, yet somehow re-appear in 2007 she responded, “I don’t know.”
> During the trial Sabine Sharp’s husband, James Sharp, testified about Sabine’s history of drug abuse. It was not clear whether the drugs made it difficult for her to remember details about the infringement or whether the drugs clouded her judgment regarding the lawsuit.
But rather than discuss a reasonable settlement, she took her “Africa” story to court, where she lost the trial and a substantial sum in attorney fees.
> More soon on Sabine Sharp and the implications or this case for the creators of intellectual property.
Creative Copyright Tip # 4 Find The Infringers.
While the Internet makes it easy for copyright infringers to take your content, it also makes it hard for infringers to hide. For text based content you can search URLs on copyscape.com or search Google for identical sentences from your website.
Images can be more challenging to find. But you can focus on likely users, such as competitors. And there are ways to embed searchable “fingerprints” into your images. Take a look at the technology provided by such companies as PicScout to determine what might work for you.
Travis Scott Luther, Luther Media, Sued For Copyright Infringement
Travis Scott Luther, Luther Media, Denver, Colorado – sued for copyright infringement:
Travis Scott Luther is the president of Luther Media, Law Father, and ValetAds.
Luther Media / Law Father / ValetAds
899 Logan, Suite 200
Denver, CO 80203
Phone 303.618.8621
http://www.facebook.com/travis.luther
Report
“We sued Travis Scott Luther after discovering that he was publishing verbatim copies of my registered and copyrighted articles under his own name – he was claiming authorship of my work, and using it on sites such as Buzzle.com and Helium.com to build his reputation and generate income.
Travis Scott Luther claimed to have received my work from an acquaintance. We settled the suit based on Luther’s promise that he would provide specific additional details about that acquaintance, the alleged source. But Luther reneged on his promise.
What do you expect from someone who will take the work of others, put their name and picture on it, then publish it under a claim false authorship? Luther calls himself, “the consummate entrepreneur.”
It is ironic that Travis Scott Luther is married to an attorney and that he owns a website development business that specializes in services for law firms and lawyers.
> More soon on Travis Scott Luther of Luther Media, Denver Colorado
Travis Luther did not write one word of the articles pictured below. He did however, post them on the Buzzle.com and Helium.com websites, with a false claim of authorship.
Click for larger view.
Creative Copyright Tip #3 Place A Proper Copyright Notice On Your Site.
Contrary to common belief, you do not need a copyright notice to be protected under the copyright law. But from a legal perspective, you may preempt a claim of innocent infringement if you post a copyright notice that has three characteristics.
First, your copyright notice should have the symbol © or the word “Copyright”. Next it should have the year of the first publication of the work. And finally it should have the name of the copyright owner,
A proper copyright notice for this article would be: “© 2010 Jill Archer”
Thumbs Up: Some Great Lawyers
Thumbs up: Eric Hanscom, InterContinental IP Group, International.
Eric focuses on IP generally and patent registration in particular. He has offices in Southern California and Asia. Although not a litigator himself, he has the personality of a trial attorney. A hard worker, I found Eric to be consistently honest and ethical.
> More on Eric Hanscom
Thumbs up: Clinton “Clint” Lee, Vancouver, British Columbia, Canada
Clint has a background in engineering, and it shows in the precision of his thinking. He has excellent command of IP law in Canada as well as excellent interpersonal skills.
> More on Clint:
http://www.nexuslaw.ca/clee.html
Thumbs up: Andrew “Andy” SkinnerLopata, Eugene, Oregon
Andy is a partner in a boutique legal practice that offers a wide range of legal services. He specializes in IP law, including trademarks, copyrights and internet law. Andy is intellectual, somewhat reserved, and a fine person.
> More on Andy
http://www.skinnerlopataharris.com/bios.html
Thumbs up: Henry Harmeling, San Diego, California
Henry has a general legal practice, and he’s a solid trial attorney. He is a good guy and a good attorney, although not as experienced as some of the other lawyers above. That said, I would not hesitate to recommend him to family or friend.
> More on Henry
Klosowski, South Carolina.
Bernie offers the whole package. Persuasive interpersonal skills. Expert legal knowledge. And he understands the business aspect of litigation, meaning he was able to deliver an excellent result in terms of my Return On Investment with him
> More on Bernie:
http://www.linkedin.com/pub/bernie-klosowski/10/b21/2b6
Thumbs Down: Magistrate Judge Thomas “Tom” Coffin, Eugene, Oregon
Thumbs Down rating: Magistrate Judge Thomas “Tom” Coffin, Eugene, Oregon
Magistrate Judge Thomas “Tom” Coffin, Eugene, Oregon
Federal Magistrate
211 E. Seventh Ave.
Eugene, OR 97401
Report:
“Magistrate Judge Thomas “Tom” Coffin, Eugene, Oregon, was the judge in my copyright infringement trial in August 2008. He found in my favor and awarded monetary damages to me. That’s fine.
But Magistrate Judge Thomas “Tom” Coffin’s angry demeanor, ignorance of contemporary culture, as well as his quirky and unpredictable behavior made him unsuited to judge this case.
Some observations:
> Judge Coffin displayed inappropriate anger in a judicial setting.
On multiple occasions, in the pre-trial conference and several times during the trial itself, Judge Coffin angrily referenced a letter written by a lawyer to the Defendant. That lawyer was not present and had not been associated with the case for nearly two years, so it was unclear who Coffin was yelling at. But it was perfectly clear that Coffin’s behavior was unnecessary and inappropriate because it contributed to an emotionally charged, hostile and accusatory atmosphere in the courtroom.
> Judge Thomas Coffin will seemingly believe, well just about anything.
For example, in this case, the plaintiff, Sabine Sharp, stated that she received the infringed article in an unsolicited email from a company in Africa. She had no evidence to support that claim, stating that an electric surge in 2005 had destroyed the hard drives which held the email. Unfortunately for her credibility, Sharp was unable to explain how the article was posted in 2006 to her website if it was destroyed in 2005. This and other inconsistencies didn’t seem to trouble Coffin in the least, as he accepted her statements as the truth … despite substantial credible testimony to the contrary.
> Judge Coffin is an old guy who seemed tired and out of touch with contemporary culture.
- Judge Coffin was not familiar with the basic workings of the Internet or Google search.
- Judge Coffin was not familiar with, and refused to acknowledge, common marketing practices, such as those used by Amazon.com, which show excerpts of books on their website.
- Moreover, Judge Coffin ignored explanations from the lawyers with expertise in Internet law and eCommerce issues, and instead introduced ideas that could best be characterized as antiquated. For example, this copyright infringement action involved an article on creative issues but Coffin insisted that the infringed material was like an ad for a gun shop.
A “gun shop”?
More on Coffin coming soon.
Creative Copyright Tip #2 Register Your Work.
The U.S. Copyright office now has an online copyright registration service named eCO. It’s fast. And you can upload large (400 mb) zipped files. Alternately you can use a Fill-In or the traditional paper registration form. Fees range from $35 to $45.
Copyright registration is not necessary for protection under the law. But if you haven’t registered your work, you may loose the right to file a law suit or to seek statutory damages which could be as high as $150,000. For more information, visit http://www.copyright.gov/
How To Spot A Good Lawyer.
When someone steals your work, when someone violates your copyrights, you don’t call the cops, you call an intellectual property attorney.
Here are some tips about selecting and working with lawyers.
First, there are two key characteristics you want in an intellectual property / copyright attorney.
#1) Knowledge and experience in IP and copyright law. Also, litigation experience or resources. Because if you can’t negotiate a reasonable settlement, you have to take the issue all the way to trial. Which I have done once, and am prepared to do again.
#2) Personal and professional integrity. Know any good lawyer jokes? There is a general perception that lawyers are liars, greedy and manipulative. Most of the ones I’ve worked with are not. But some are. And it is not easy to tell the great ones from the terrible ones when you first meet and negotiate an agreement.
