Legal Question in Intellectual Property in Florida

I'm trying to find out what my rights are under the law regarding copyright infringement, and what my first step should be in having the offending content removed.

A parody/humor Wikipedia-like Web site is using text I wrote to mock and defame me. The text was taken from my Web site, and I have owned a registered copyright on the text since 2000 and have a document number. The copyright policy on the offending site states that all use of anyone's text falls under fair use and parody. I don't believe this applies since in this case they are using 1,453 of the words in my 2,036-word essay (selectively trimming along the way to deliberately skew my meaning), and their "comments" on the text also may fall under libel since most of the commentary is blatantly sexual or suggestive of violence toward me or otherwise offensive.

They have also published my legal first, middle, and last name in the first line of the article, which could damage my identity if someone were to search for my name and see it attached to a page full of vulgarities. Other policies on their site state that their article contributors are individually responsible for what they post and that the site owner takes no responsibility for infringements, so it appears my dispute is with an individual, not the site owner. I do not know the offending party and to my knowledge have had no contact with him. Can someone tell me a) does my case count as copyright infringement and/or libel? b) do I have to hire a lawyer to write a takedown notice or should I first contact them with a DMCA letter in my own name? I have some funds to pay for a lawyer's services, but my resources are somewhat limited.


Asked on 8/30/09, 10:29 pm

1 Answer from Attorneys

Sarah Grosse Sarah Grosse, Esquire

If it is parody, it is protected free speach. Saturday Night Live comes to mind in which they use real names, real personas, and make complete fun of the public figures. (some love it, some hate it, some sue if they go too far).

You may have a case, depending on the exact facts, which you have not entirely described. I suggest you get an attorney to delve into the situation and give you an opinion.

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Answered on 8/31/09, 12:40 am


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