Re: copyrighted forms

On Fri, 8 Oct 1999, Greg Erkins <gerkins[_at_]gci.net> wrote:
>
> I understand that anything on this list is not legal advise and I would
> seek my own counsel, but is it feasible to assume that I could create
> any form from any source for anybody that is authorized to have the form
> in the first place and then I owned the derivative work copyright?

With all due respect, wrong question. The software you have written is protectable in its own right, with copyright, which was automatic if you are in the USA. If there was a license agreement in place, you may have violated the terms of that agreement if you were a party to the agreement, and if you obtained the forms from someone who was bound by an agreement, they may have breached their agreement, and be liable for damages. Even if you are totally in the "right" from a legal standpoint, you need to discuss with an attorney so as to assess the likelihood of litigation. Being "right" does not mean you will win in court, unless you are competently represented.

> I appreciate any further insight on this matter.

A few hours with an attorney now could save you tens of thousands of dollars later.

> PS. If any professor wants to use this scenario as a question in a law
> test, you have all my rights and my blessings.

More than likely, you do not want to be the person who gets sued for infringement. After you spend about $75,000 defending yourself, lose your house, and financially ruin yourself for life (this can happen, if you get sued, even if you are in the "right"), you may be the topic of discussion among attorneys and judges, but that will be of little consolation. The ONLY legal advice I will pass along is to see an attorney, quick!!

Thomas Workman
<tworkman[_at_]erols.com> Received on Mon Oct 11 1999 - 15:44:40 GMT