Legal Question in Technology Law in Texas

Copyright Infringment on the Internet

We have a internet web design business, we found out that a person "copied" our text and images from out site and placed them on a site they recenlty put on the net, also they took all the "copyright" info off of the quote forms that we sold them and now they have them up on their site re-selling them stating that THEY own the copyright.

We sold them some forms long ago and signed a contract saying they could USE them on a affiliates insurance site, never did we put in writing or verbal that they owned the "copyright" nor have we said they could take or use any site content from our site.

Can we go after them do we have any rights in this area ? we placed "copyright" info on the bottom of our website.


Asked on 3/06/00, 1:22 pm

2 Answers from Attorneys

Bruce W. McCullough Bodell, Bove', Grace & Van Horn. P.C.

Re: Copyright Infringment on the Internet

Standard copyright notice is "Copyright (c) 2000 by [Name]. All rights reserved." Simply posting this gives you basic copyright protection. If your right has been violated, you still have to prove actual damages (sometimes a difficult proposition; can you quantify the dollars you lost as a result of the infringement?) unless you registered your copyright with the U.S. Copyright Office. If you did, there are statutory damages that are awardable.

Regardless whether it is worthwhile to pursue damages in this case, consulting with an attorney may be useful to (1) stop the infringement, (2) get your copyright registered, and (3) make sure your contracts are worded to give you as much protection as possible.

This is general information for discussion purposes. We would need to have an attorney-client relationship for me to give legal advice.

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Answered on 3/22/00, 3:37 pm
Ernest Svenson Gordon, Arata, McCollam, Duplantis & Eagan

Re: Copyright Infringment on the Internet

Your question suggests the presence of other facts that are important. You say you signed a contract; what does the contract say? If you had a business relationship with the wrongdoers the facts of that relationship need to be examined before a meaningful answer can be given to your question. So you really need to talk to a copyright attorney who can look at the contract, and ask questions about your relationship with the wrongdoers. In sounds like you may have a claim, but without more facts it is really too hard to say. Even if you do have a claim, and you pursue it (usually a costly enterprise) you have to ask yourself if the wrongdoer is (1) solvent, and (2) likely to have liquid assets to pay a judgment that you might get (after having spent a lot yourself)? If the answer to either question is "probably no" then it isn't worth getting worked up about. But, as I said, I am speaking without enough specific information to offer a truly meaningful response. Hope this is somewhat helpful.

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Answered on 3/20/00, 2:27 pm


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