Here's a new one!

[seniorjudge]

...Reading the book on her life explains everything, she is a very privite person, How about invasion of privacy? ...

I have wrote a book on my mothers life and they are mad because mom let me and told me what she wanted in the book....


If she is a very private person, why does she want a book about herself published?

 

[Some Random Guy]

Another tactic

I would suggest that you continue to listen to the experienced legal minds here and follow their legal advice.

However, from a practicality standpoint, you may be able to disable their web site by contacting their ISP (internet service provider) and telling them that the site is a scam that breaks certain laws (be prepared to list which ones0 and voilates your mothers copyright rights interms of use of her likeness. Indicate that you have POA and are speaking on your mother's behalf.

ISP's will often shutdown sites accused of illegal activity or copyright violations with little or no due process. Be prepared to do this several times of the brothers are internet savvy and can jump to a new ISP relatively easily.

 

[seniorjudge]

ISP's will often shutdown sites accused of illegal activity or copyright violations with little or no due process. Be prepared to do this several times of the brothers are internet savvy and can jump to a new ISP relatively easily.


A non-governmental ISP does not have to give "due process" but, yeah, call the ISP and mention "copyright violations" and they will likely shut it down.

 

[BlondiePB]

This is so silly, my mom owns nothing, has nothing, however to protect her from scam we will. Do we need a Attorney?, this would really only be needed to force them to stop using her for consumer fraud. Even if they give the money to a charity, how can someone with no SSN be trusted to do just that?
Reading the book on her life explains everything, she is a very privite person, How about invasion of privacy? When she was in the iCU being filmed, I'm sure knowing then, not that they would put it on the web two years later. Thanks Blondie

Your mother is a "vulnerable adult" that is showing signs of dementia. Dementia does not just start overnight. Your sister having your mother sign a POA two weeks ago can land her in a lot of legal trouble. It does not matter whether or not a person has any assests for the necessity of a guardian. Your sister needs to go down to the courthouse and petition for guardian of your mother now. She can do some of the petitions herself, including waiving of the fees because mother does not have assests. The judge will determine at a later time whether or not to permanently waive the fees. Sister can hire an attorney prior to the court hearing. The court will assign your mother an attorney (guardian ad litem) for the guardianship hearing that will represent mother. Scam artist brothers will have the opportunity to contest. That's why sister will need her own attorney for the guardian hearing. This is not silly. Do this right and legal. You are welcome, nightrider.

 

[BlondiePB]

If she is a very private person, why does she want a book about herself published?

Interesting point.

 

[nightrider]

Private MOM

...Reading the book on her life explains everything, she is a very privite person, How about invasion of privacy? ...

I have wrote a book on my mothers life and they are mad because mom let me and told me what she wanted in the book....


If she is a very private person, why does she want a book about herself published?

GOOD QUESTION JUDGE

Would privacy be what one holds to be private in their own lives, her life as prisoner of war is one she wants to tell, her picture's and video's of her after a stroke that almost killed her taken in ICU is one she would not. She has always cared about her appearence, this video has no other reason then for these two brothers to cash in on getting sympathy to collect donations. Mom has had high blood pressure for 15 years and a heavey drinker for 40 and now they want to collect funds for the American Stroke foundation? And her! Yeah right. Why not fight the fight years ago, a stitch in time saves nine! Yet they were to busy then and paid her no mind, seeing her two times in 5 years before the stroke. One has lived 30 min's from her for 20 years.
They are mad because I finished the book and I might make a dine, they already tried to sue for their likeness in the book, inwhich we changed their names knowing they would try and do this. Nothing came of it, they also took mom's copy of the book out of her room and said sue us!
Judge dosen't she have the right on what part of her life can be displayed via, internet, book?

 

[nightrider]

confused

I would suggest that you continue to listen to the experienced legal minds here and follow their legal advice.

However, from a practicality standpoint, you may be able to disable their web site by contacting their ISP (internet service provider) and telling them that the site is a scam that breaks certain laws (be prepared to list which ones0 and voilates your mothers copyright rights interms of use of her likeness. Indicate that you have POA and are speaking on your mother's behalf.

ISP's will often shutdown sites accused of illegal activity or copyright violations with little or no due process. Be prepared to do this several times of the brothers are internet savvy and can jump to a new ISP relatively easily.

Do we contact the web-host who they have their site through? Which we did, heard nothing, is the ISP the internet service they are using to get on the net? And how do you find that out? Thanks

 

[seniorjudge]

Judge dosen't she have the right on what part of her life can be displayed via, internet, book?

Of course, SHE has this right.

I am in no way condoning what these jokers are doing, but you have to remember that when the book comes out (if it is not already out) then she becomes a public figure and her expectations of privacy are significantly diminished.

 

[nightrider]

You are so right Blondie

Your mother is a "vulnerable adult" that is showing signs of dementia. Dementia does not just start overnight. Your sister having your mother sign a POA two weeks ago can land her in a lot of legal trouble. It does not matter whether or not a person has any assests for the necessity of a guardian. Your sister needs to go down to the courthouse and petition for guardian of your mother now. She can do some of the petitions herself, including waiving of the fees because mother does not have assests. The judge will determine at a later time whether or not to permanently waive the fees. Sister can hire an attorney prior to the court hearing. The court will assign your mother an attorney (guardian ad litem) for the guardianship hearing that will represent mother. Scam artist brothers will have the opportunity to contest. That's why sister will need her own attorney for the guardian hearing. This is not silly. Do this right and legal. You are welcome, nightrider.

Thank-you much Blondie and all others for your help, we just really wanted to leave her out of it, no mother wants to see or hear all this between her children, we were hoping to just turn their burners off, without involving or upsetting her. Guess not........if you can hang you won't drown........

 

[nightrider]

I C

Judge dosen't she have the right on what part of her life can be displayed via, internet, book?

Of course, SHE has this right.

I am in no way condoning what these jokers are doing, but you have to remember that when the book comes out (if it is not already out) then she becomes a public figure and her expectations of privacy are significantly diminished.

Thats why they waited till the book release date to publish their web-site on the very same date, now what? If anything?

 

[BlondiePB]

Thank-you much Blondie and all others for your help, we just really wanted to leave her out of it, no mother wants to see or hear all this between her children, we were hoping to just turn their burners off, without involving or upsetting her. Guess not........if you can hang you won't drown........

You are very welcome. Get the guardianship done in the county where mom resides PRIOR to any civil lawsuits. Temporary guardianship can be awarded prior to the hearing for permanent guardianship.

 

[Some Random Guy]

Contact their ISP again

Do we contact the web-host who they have their site through? Which we did, heard nothing, is the ISP the internet service they are using to get on the net? And how do you find that out? Thanks

Yes, you want to contact the company hosting their web site. Since they have chosen to not respond to you, I would suggest a formal letter on the stationary of a local law firm indicating to them that they, by their inaction after notification, are participating this illegal activity and copyright infringement. If they continue to host the site they will be added as defendants in the civil suits against the brothers.

 

[divgradcurl]

Judge dosen't she have the right on what part of her life can be displayed via, internet, book?

Of course, SHE has this right.

I am in no way condoning what these jokers are doing, but you have to remember that when the book comes out (if it is not already out) then she becomes a public figure and her expectations of privacy are significantly diminished.

seniorjudge,

I don't pretend to be an expert in this area, but wouldn't this lead to her becoming a "limited purpose" public figure? She might be a public figure with respect to the book and things written about in the book, but she hasn't generally "thrust herself into the public eye" -- so it would seem that things not in the book, like the videos taken in the ICU, would be judged on a private-person standard for invasion of privacy, and not the high "clear and convincing" and malice standards of a public figure.

 

[divgradcurl]

Do we contact the web-host who they have their site through? Which we did, heard nothing, is the ISP the internet service they are using to get on the net? And how do you find that out? Thanks

Yes, you want to contact the company hosting their web site. Since they have chosen to not respond to you, I would suggest a formal letter on the stationary of a local law firm indicating to them that they, by their inaction after notification, are participating this illegal activity and copyright infringement. If they continue to host the site they will be added as defendants in the civil suits against the brothers.

The general rule for an ISP is that they are immune from liability for vicarious or contributory copyright infringement for hosting infringing materials unless they are "noticed" that they are hosting infringing materials, and then do nothing. However, simply sending them a letter or email or calling them is insufficient to provide notice -- you must follow precisely the steps in 17 USC 512(c): http://www.copyright.gov/title17/92chap5.html#512 -- if you don't, the ISP has not been legally "noticed," and they don't have to do anything. Only after they have been legally noticed do they have liability if they fail to act on the notice.

However, that said, it's not clear that you really have a case for copyright infringement anyway. As far as the videos are concerned, if the brothers took the videos, they own the copyright in the videos. It is very likely that them showing the videos is an invasion of privacy, and they could probably be sued for that, but it is not copyright infringement.

In addition, their telling of your mom's story is also not copyright infringement, as long as they stick to the "facts." If you've editorialized, or otherwise used creativity in your storytelling, then that would be protected, and you could perhaps find that they are infringing on your copyright. But if all they are doing is telling the factual story, or the factual story with THEIR creative spin, well, that's not copyright infringement. You cannot copyright facts. I don't mean to be harsh, but I could get a copy of your book, read it, and write my own bio of your mom based on what I read, and it wouldn't be infringement as long as I stuck to the facts, and put things in my own words.

And finally, them writing or posting about the book itself is also unlikely to be illegal. There are pretty high levels of protection for critical speech, and criticism of a work is almost always found to be a fair use" of the work. Unless the postings rise to the level of libel, it is unlikely that you can keep them from criticizing your book.

Now, all that said, it doesn't mean that you shouldn't try to get them shut down in any way you can -- who knows, if you are persistent enough, maybe they'll just give up -- but it doesn't sound like, from what you've written, that you have much of a cause of action under copyright law. It sounds like you might very well have a good case for invasion of privacy, and maybe even defamation, but not copyright infringement.

Different facts might change that analysis, but based on what you've posted, that's my read.

 

[seniorjudge]

I don't pretend to be an expert in this area, but wouldn't this lead to her becoming a "limited purpose" public figure? She might be a public figure with respect to the book and things written about in the book, but she hasn't generally "thrust herself into the public eye" -- so it would seem that things not in the book, like the videos taken in the ICU, would be judged on a private-person standard for invasion of privacy, and not the high "clear and convincing" and malice standards of a public figure.


I am no expert in that field either. You may very well have some good points here. I just wanted to point out that if mom is publishing her memoirs, she may make herself fair game.