Re: copyrighted forms

On Mon, Oct 11, 1999, Thomas Workman <tworkman[_at_]erols.com> wrote:
>
> 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.

If I understand all of the dialogue to this question:

1. Get an attorney within the state of Jurisdiction
2. Have the attorney write up and agreement or look over any agreement another might give me as regards to "permission of use".
3. Do not rely on another person saying they have the right to use a form or any other created agreement.

I do appreciate all the answers, because it shows what is feasible to do while watching out of the pitfalls through the eyes of an attorney in the area of expertise that I am seeking.

Sincerely,

Greg Erkins
<gerkins[_at_]gci.net> Received on Tue Oct 12 1999 - 19:54:35 GMT