Re: Responsibility for an insert...

At 9:25 PM -0400 4/27/06, Jim Donohue wrote:
>Got a little copyright flap going. Fellow ripped off a map for a small
>community from us and then distributed 7700 copies to the residences in the
>community. We gonna go after him to one degree or another.
>
>However a question arises. (Really adds insult to injury...we would have
>done it in a minute if we had thought of it...don't you just hate to be
>dumber then the crook?) The map was distributed as an addendum to the the
>monthly magazine of the local Home Owners Association. Does an association
>have any responsibility for that which they distribute as add-ons to their
>magazine? If it was a web site you could at least demand they take it down.
>Can you demand that a community association retrieve its addenda to the
>magazine?
>
>And while I am on this kick the ripoff was obviously done by a competent
>design shop...they ripped it off but did it reasonably well. Do I have an
>action against the design shop?

This is the point in the phone call at which I say, "let's make you an appointment." I've got more questions than answers.

Who drew the map?
Who is "we"?
How did "we" acquire the map?
Is the copyright registered?
Did the map carry a copyright notice?
Who is this "fellow"?
Is the home owner's association a legal entity? How did they obtain the copyrighted map? How is this "fellow" connected to the home owner's association? Who exactly directed the design shop to copy the map? Does the map "express" anything but the location of streets? How is the map different from any other map of the same area? What does "ripped it off ... reasonably well" mean? Is the infringing map identical to your map? If not, how is it different?
How was the magazine distributed?
How are "we" harmed?
How much do "we" care?
Can "we" come up with a $25,000 retainer?

But I can answer one question:

>Can you demand that a community association retrieve its addenda to the
>magazine?

No. But that raises more questions:

What would be the point?
Are "we" in a personal pissing contest with our home owner's association?

John Noble Received on Tue May 02 2006 - 02:15:00 GMT