RE: Re: Responsibility for an insert...

OK - I was trying to keep it brief but as everyone is now sucked in I will go through your questions...

First off I and My wife practice Real Estate in the NW section of Las Vegas.

The map is of a community in NW Las Vegas of about 7800 homes.

I drew it. While a realtor now I retired from a 35 year career as an engineer, computer scientist and developer. The base shape of the map were done by overlaying the Clark County GIS maps of the area. The map is however relatively schematic. The overall outline is correct as is the interconnect of the streets. Various things are moved a little to make the text part work well. So it is as much a street schematic as an accurate map. The map is overlayed with a Alpha/Numeric grid.

It is constructed as an 11x17 or 12x18 with the map across one side. The other side is split into two equal panes. The first is the advertising pitch and the second the index to the streets. Fold it with the map inside and you are done.

It was initially completed in 2000 or 2001. It has always carried a copyright and a revision level. It is probably in its tenth or more version. The one ripped off is earlier maybe 5 or 6 level.

>
> 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.
> >
> 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?

Me.
> Who is "we"?

DonohueTeam..Doreen and Jim Donohue
> How did "we" acquire the map?

Created it from scratch
> Is the copyright registered?

No - damn it.
> Did the map carry a copyright notice?

Yes always.
> Who is this "fellow"?

Competitive Realtor in Las Vegas. Works the same community. Does more than $20million a year...three year gross income of perhaps $1,000,000.
> Is the home owner's association a legal entity?
Yes..Big and filthy rich
> How did they obtain the copyrighted map?
Took $800 from other Realtor to distribute it. Delivered to HOA magazine printer by the other Realtor.
> How is this "fellow" connected to the home owner's
> association?

Advertiser in their publication.
Who exactly directed the design shop to copy the
> map?

The other Realtor

Does the map "express" anything but the location of
> streets?

Specialized for older eyes. Features the local community centers and facilities. Easy to find streets. But still a map.

>How is the map different from any other map of the
> same area?

The data underlying a map is the same though this one is usefully but subtlely different. It has excellent utility. Can someone do an equally useful map...Yup there is another.  

What does "ripped it off ... reasonably well"
> mean? High quality work generally. Not perfect...used to small a font for
instance...but high quality overall.

Is the infringing map identical to your map? In most places. Not all.
> If not, how is it different?

Different font similarly placed. Filled golf course areas in green different advertising pane.

 How was the magazine distributed?
Mail  

>How are "we" harmed? Lost use of copyrighted product. Can never be fully
effective now. No provable damages. Argument will be how much of his million was due to map. All? Nah. Most? Nah Some? Yup How much do "we" care?
Certainly enough for a demand letter and at least a C&D.
>Can "we" come up with
> a $25,000 retainer?

Yup..but we would not...any attorney gets a retainer up front and then a cut of the proceeds. Say $5K and 40% of over 5K?

>
> 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?

If a map is floating around in a home there I would prefer it be mine. I will bet you can figure out why.
> Are "we" in a personal pissing contest with our home owner's
> association?

Nope. I generally get along with those folk. They are however deep pocketed.
>

And I would love to go after whoever did the design. I do not like rip off artists. The Realtor involved is a a guy who might well do this in stupidity. I do not think that true of the designer.

Jim Donohue Received on Tue May 02 2006 - 22:30:00 GMT