Legal Question in Intellectual Property in California

Copyright Infringement

Overview

I am the sole creator and owner of a software program. I also have registered my copyright with the Goverment copyright office.

The problem i currently have is that i was working with an another individual to market and promote the software. While we were working on the marketing of the software he made a deal with a rather large corporation for the software, Took the money and ran overseas (Hong Kong, new zealand Australia).

The probme is the corporation is markeing and selling this software. I have notified them on several occaisions that this is my softward and i have a copyright to it. However, they keep selling it and ignoring me. (its a bit frustrating)

However, they keep asking me to provide support for it and they do post support questions on my website and they do download upgrades of the software and use it on their customer sites.

Do i have any rights in this type of situation or am i just out of luck.


Asked on 4/14/06, 10:14 pm

6 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Copyright Infringement

We can get an injunction to stop the unauthorized use and demand compensation for it. Call me directly at 16192223504.

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Answered on 4/17/06, 6:10 pm
Irving M. Weiner Weiner & Burt, P.C.

Re: Copyright Infringement

There are many issues involved. Please call me toll-free at 800-U PATENT for a free consultation, or by email at [email protected]

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Answered on 4/15/06, 10:59 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Copyright Infringement

You need to aggressively go after the company that is pirating your software. Let me know if I can help.

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Answered on 4/14/06, 10:41 pm
Charles Williamson Charles J. Williamson, Attorney At Law

Re: Copyright Infringement

Its not possible to give you a definitive answer without knowing the legal status of the relationship with the other person who worked with you on the software. As for the corporation, if the legal status of you and your former co-worker doesn't support his transfer of copyright rights to the corporation (and there must be a written agreement in order for the former co-worker to transfer any copyright rights), if they do not have legal rights to the copyright, then, by virtue of you having registered the copyright, there is: (1) a presumption that the copyright is valid; and (2) you can elect between statutory damages and actual damages. So, nail down the legal status of the relationship with your former co-worker, and ask the corporation to show you the written agreement by which any of the copyright rights were transferred to them. Then, you will have better idea of how to proceed.

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Answered on 4/15/06, 12:35 am

Re: Copyright Infringement

Based on your question it appears that you have rights that should be vigorously enforced. However, there are certain things that need to be clarified such as whether the software is copyrighted in your name or a corporate or joint names.

Additionally, information needs to be obtained about what agreement (preferably in writing) has been entered between your former associate and the company selling your software.

You should be able to go after the company for lost profits and statutory damages. This is definitely bigger than you can handle on your own.

You should consult with an attorney in this matter.

Caleb

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Answered on 4/15/06, 1:34 am
D. Alexander Floum, Esq.

Re: Copyright Infringement

You probably have strong rights, although I would need more facts.

Feel free to contact me if you'd like. I am a former professor of intellectual property law.

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Answered on 4/15/06, 1:44 am


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