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Author Topic: Forms  (Read 833 times)

Bill Richards

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Forms
« on: 07-18-06 at 05:48 pm »

Lawyer independently develops and post on website self-help forms based, in part, on public domain forms from state website and statutes.  Receives C&D letter from lawyer representing someone who alleges CR infringement.  No further details in C&D letter.  Best response?
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
www.wbrfirm.com

Isaac

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Re: Forms
« Reply #1 on: 07-18-06 at 06:38 pm »

Quote
Lawyer independently develops and post on website self-help forms based, in part, on public domain forms from state website and statutes.  Receives C&D letter from lawyer representing someone who alleges CR infringement.  No further details in C&D letter.  Best response?


I've never responded to a C&D, but I think the meat of my response would be to point to Copyright Office circular #32 which explains that blank forms are not copyrightable, and request that the sender point out exactly what material the lawyer believes is subject to copyright.   I suspect that any material in a self-help form that is subject to copyright is easily replaceable.


« Last Edit: 07-18-06 at 06:49 pm by clarklawyer »
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Isaac

Bill Richards

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Re: Forms
« Reply #2 on: 07-18-06 at 06:56 pm »

Any problem with the website being taken down if no response?  C&D claims form is registered and included TX form (which says little).
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William B. Richards, P.E.
The Richards Law Firm
Patents, Trademarks, and Copyrights
614/939-1488
www.wbrfirm.com

Isaac

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Re: Forms
« Reply #3 on: 07-18-06 at 07:19 pm »

Possibly.   Maybe using a DMCA takedown reuest to the hosting service.

What's needed is an assessment or identification of what constitutes the copyrightable subject matter.

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