Re: Re: Re: I've been plagiarized. Worth pursuing legally?
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Posted by M. Arthur Auslander on April 02, 1999 at 04:40:33:
In Reply to: Re: Re: I've been plagiarized. Worth pursuing legally? posted by Marty Foley on March 29, 1999 at 00:54:54:
: : It looks peripheral. Ideas are not protected. Copying must be proven, usually by acess or widespread avaiability. Verbatim copying is a good start.
: : M. Arthur Auslander
: : 2125946900
: Thanks for your reply.
: I'm aware that ideas can't be copyrighted; that's not an issue.
: I can establish that my work was published in national publications (widespread availability) years before the copyright date on his work. A substantial amount of the material IS verbatim. Too word-for-word to be coincidental. It's obviously theft of the wording used.
: Your expertise is appreciated.
If the copyright has been registered, there is a right to sue. Registration is either on a published or unpublished basis. The criterea of liability is acess, whic;h must be proven.
The courts are very sympathetic and can award actual or statutory damages and even attorney's fees.
Action must be taken early or else there is the statute of limitations or laches. If registration is applied for at publication or within three months of publication all rights apply. Rights can be asserted after the three months, this is usually effective where there is a continuing use and or damage. There may be personal right that can be enforced. Once the copyright is registered it preempts other rights. My gut says you have an abuse but that the cost of action would not make it worth while to proceed. This is where my service mark comes from. Early Legal Advice Is Nt Expensive.
M. Arthur Auslander
ELAINE's Workshop: Early Legal Advice Is Not Expensive (sm)
Auslander & Thomas-Intellectual Property Law Since 1909
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