Copyright Infringement

[indigomadows]

What is the name of your state (only U.S. law)? OH

This is totally separate from the Disney thread.

I am going to try and keep it short but I don't know how much background is needed.

I worked for someone. I created a product for that someone. We had a falling out and I no longer create product for this person.

I now create product on my own. Product that is similar (educational materials) but by no means identical. However, it is similar in that most products within this specific genre have one or more of the same items. Again not identical but similar. Example - word scramble. They pretty much look the same regardless of whose book they are in but they format, font, words etc will vary.

I created my own, different (from a blank slate) product. It is in direct competition (there is no non-compete agreement). However, there is only ONE (I repeat ONE) clipart image that is the same. This image was purchased by ME from a totally separate vendor than the other person used. That alone would be the only identical item.

This other person is not emailing me to cease and desist, requiring me to take down my product and is complaining to vendors that my product violated copyright.

Based off the info I have given here (which is the utter truth!) would I be violating any copyright? Please feel free to ask any questions. My gut feeling is that this other person is just trying to keep me from making a product that is in direct competition but I don't have proof of that.

One other thing. How does she prove copyright infringement? I have not sold any product yet and the sample is only 6-7 pages. If she obtained a full copy wouldn't it be a pirated copy? If a vendor gave her a copy can they be help culpable?

Thank you!

 

[quincy]

What is the name of your state (only U.S. law)? OH

This is totally separate from the Disney thread.

I am going to try and keep it short but I don't know how much background is needed.

I worked for someone. I created a product for that someone. We had a falling out and I no longer create product for this person.

I now create product on my own. Product that is similar (educational materials) but by no means identical. However, it is similar in that most products within this specific genre have one or more of the same items. Again not identical but similar. Example - word scramble. They pretty much look the same regardless of whose book they are in but they format, font, words etc will vary.

I created my own, different (from a blank slate) product. It is in direct competition (there is no non-compete agreement). However, there is only ONE (I repeat ONE) clipart image that is the same. This image was purchased by ME from a totally separate vendor than the other person used. That alone would be the only identical item.

This other person is not emailing me to cease and desist, requiring me to take down my product and is complaining to vendors that my product violated copyright.

Based off the info I have given here (which is the utter truth!) would I be violating any copyright? Please feel free to ask any questions. My gut feeling is that this other person is just trying to keep me from making a product that is in direct competition but I don't have proof of that.

One other thing. How does she prove copyright infringement? I have not sold any product yet and the sample is only 6-7 pages. If she obtained a full copy wouldn't it be a pirated copy? If a vendor gave her a copy can they be help culpable?

Thank you!

It is best to keep all questions to one thread, indigomadows. This is different enough from your questions about Disney, though, that I will address your questions here.

It is possible that you are infringing on the rights of the person you once worked for. A comparison of the products would be needed to provide a more definitive answer. That said, you are right that a word scramble is a word scramble. The idea to create a word scramble can be used by anyone. It is how the word scramble is created - any creative or original expressions that are used in its creation - that can make it copyright-protectable. Potentially protectable would be the "order" of the scrambles - or how they are divided into categories - and the topic choices.

It would be illegal for the other party to make a copy your work without your permission. If a vendor gave her the copy you provided the vendor, however, it would not be illegal (absent any written agreement you had with the vendor not to disclose the sample to others).

I suggest you remove the one identical clip-art image, to start - whether this is absolutely necessary or not is a question mark, but it raises questions of copying. Then I suggest you take your 6-7 page sample of your work and (legal) copies of the other party's works to an attorney in your area for a side-by-side comparison. The attorney you see can better tell you if yours infringe on any of the rights of the other party.

Good luck.

 

[indigomadows]

Thank you Quincy!

I'll have to wait to see the outcome. Money is an issue and I don't have it to consult a lawyer.

I fear I may have to scrap the series I was working on, for now. Then when I get the funds for a consult with a lawyer I can then revisit the series.

This other person may have won this battle... but not the war!

 

[quincy]

Thank you Quincy!

I'll have to wait to see the outcome. Money is an issue and I don't have it to consult a lawyer.

I fear I may have to scrap the series I was working on, for now. Then when I get the funds for a consult with a lawyer I can then revisit the series.

This other person may have won this battle... but not the war!

If you live near a law school in Ohio, you might find someone in IP willing to do a quick compare and contrast for free.

Thank you for the thanks and good luck with the war.