Re: Re: Responsibility for an insert...

Consult a copyright attorney.

Copyrights in maps are generally "thin" -- most of the info on them is factual and not separately protectable and so the protection is either as a compilation or as a simple 2 dimensional graphical work. The latter protects the map pretty much as it would a drawing of something that is not very original and even then mostly as a composite (not copyright term of art) work.

Your basic protection is against photocopying -- exact duplication -- since it is so factual. If someone uses your map (and maybe others) to extract facts and draw their own, that is usually not an infringement. Tracing infringes; copying facts does not.

So you see why my first and only advice is to consult an attorney -- bringing in the maps and the proof of origination and copying. I cannot say that what was done violates your copyright or not without quite a bit more information. I can say that it may be worth a closer look by an attorney.

For this sort of matter, I would demand a $1000 non-refundable retainer and $200 per hour draw against it. Many lawyers would demand more; some younger, novice lawyers would demand a lot less.

Assuming the distribution was to about 7700 homes, and the value of the map is about $5.00, that would be $38,500. But I suspect the market value for such a map would be closer to $2.00 and the number of people willing to pay for it would be a lot fewer than 7700. So damages could be problematic. But a jury could potentially decide quite differently -- but that takes you into a whole different realm of costs -- and then the question asked by Mr. Noble -- would you spend $25,000 to defend your copyright here -- is about right.

On May 2, 2006, at 2:30 PM, Jim Donohue wrote:

> O

-- 
Prof. Steven D. Jamar                               vox:  202-806-8017
Howard University School of Law                     fax:  202-806-8567
2900 Van Ness Street NW                   mailto:stevenjamar[_at_]gmail.com
Washington, DC  20008   http://www.law.howard.edu/faculty/pages/jamar/

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