copyrights and the internet - Calgarypuck Forums - The Unofficial Calgary Flames Fan Community

Calgaryborn · 10-09-2011, 10:25 PM

I have a friend who until recently published a small news letter on the internet. He puts in a few warm/fuzzy stories and a few puzzles along with some local business ads. Someone he knew sent him a short poem which was supposed to be anonymous. As you probably already guessed it was copyrighted by somebody from the State of Georgia. He's recieved a letter demanding $7500.00 and of course that the poem be taken down. If he doesn't pay they will sue for some ridiculous amount.

He googled the name of the lady who is threatening to sue him. He found two things. Firstly she has a internet site where she sells this poem for $15.00 a copy. Secondly she appears to make her living by suing folks for copyright infringment. Her victims have included funeral homes and at least 2 synagogues. All the cases he could find were settled out of court for undisclosed amounts.

My friend immediately took down his site and certainly wants to make this right. Only 90 people had viewed his site while this poem was on it. I have 2 questions:
Firstly, wouldn't they have to sue him in Canada being as this is where he is located?
Secondly, would it be reasonable to offer this lady $15.00 for each of the 90 people who might of viewed the poem on his site? That would net her $1350.00 which seems to be more.

saskflames69 · 10-09-2011, 10:37 PM

She's just bitter Canada has stolen her hockey teams twice now..

But if she's suing funeral homes and synagogues and gets away with it, then I'd say your friend should just offer to settle for $1350.00

malcolmk14 · 10-09-2011, 10:40 PM

There's no copyright on the internet. Post the poem here.

Seriously though, tell your friend to get some actual legal advice before forking over any dough.

Can you at least tell us who the poet is?

Kybosh · 10-09-2011, 10:42 PM

Quote:

Originally Posted by saskflames96

She's just bitter Canada has stolen her hockey teams twice now..

But if she's suing funeral homes and synagogues and gets away with it, then I'd say your friend should just offer to settle for $1350.00

Screw that. Don't settle anything until your friend gets some legitimate legal advice.

jayswin · 10-09-2011, 10:47 PM

Yeah, maybe get him in touch with troutman or someone and see what they have to say before settling.

Mtt48 · 10-09-2011, 11:11 PM

She can sue here or in her jurisdiction. It would make more sense to sue you here however as there would be a chance of actually collecting on any decision because presumably your money is here. Even if a decision against you is made in her jurisdiction, she could probably eventually end up getting a court order forcing you to comply with a judgment.

There is a provision in the Copyright Act for the situation where you did not know you were actually infringing,

Injunction only remedy when defendant not aware of copyright

39. (1) Subject to subsection (2), in any proceedings for infringement of copyright, the plaintiff is not entitled to any remedy other than an injunction in respect of the infringement if the defendant proves that, at the date of the infringement, the defendant was not aware and had no reasonable ground for suspecting that copyright subsisted in the work or other subject-matter in question.

Exception where copyright registered

(2) Subsection (1) does not apply if, at the date of the infringement, the copyright was duly registered under this Act.

Basically, if this applies then she could only have an injunction granted (ie: you take her stuff off the website) and no damages ($$$) would be awarded. The onus is on you here to prove that you did not know what you were doing was wrong.

Calgaryborn · 10-09-2011, 11:31 PM

Quote:

Originally Posted by Mtt48

She can sue here or in her jurisdiction. It would make more sense to sue you here however as there would be a chance of actually collecting on any decision because presumably your money is here. Even if a decision against you is made in her jurisdiction, she could probably eventually end up getting a court order forcing you to comply with a judgment.

There is a provision in the Copyright Act for the situation where you did not know you were actually infringing,

Injunction only remedy when defendant not aware of copyright

39. (1) Subject to subsection (2), in any proceedings for infringement of copyright, the plaintiff is not entitled to any remedy other than an injunction in respect of the infringement if the defendant proves that, at the date of the infringement, the defendant was not aware and had no reasonable ground for suspecting that copyright subsisted in the work or other subject-matter in question.

Exception where copyright registered

(2) Subsection (1) does not apply if, at the date of the infringement, the copyright was duly registered under this Act.

Basically, if this applies then she could only have an injunction granted (ie: you take her stuff off the website) and no damages ($$$) would be awarded. The onus is on you here to prove that you did not know what you were doing was wrong.

Great I'll pass that along to him but, I wonder if the law is different in Georgia. Maybe that is why they would prosecute in the States.

Calgaryborn · 10-09-2011, 11:35 PM

Quote:

Originally Posted by malcolmk14

There's no copyright on the internet. Post the poem here.

Seriously though, tell your friend to get some actual legal advice before forking over any dough.

Can you at least tell us who the poet is?

Her name is Linda Ellis.

malcolmk14 · 10-09-2011, 11:59 PM

Nice poem, but it's all over the Internet anyway. If it were me I would challenge her to go ahead with a lawsuit and get the advice of a lawyer; however I hate people who file frivolous lawsuits and would rather pay a lawyer 5x what I would pay her in order to make sure she doesn't see a dime.

Your friend took down the poem immediately upon being informed it was copyrighted; that should be enough for her to just back off and go away.

Mtt48 · 10-10-2011, 12:40 AM

@ Motoracer: What you doin' bro?

pylon · 10-10-2011, 05:14 AM

@ motoracer. I am sure the owner of this site appreciates you using his site and exposing him to litigation so you can tell her what to do with her spare time. Do you have a brain or no?

WilsonFourTwo · 10-10-2011, 07:03 AM

PM sent to Motoracer.......edit your post please!

Deegee · 10-10-2011, 08:16 AM

She should be sued for selling poems at $15.00 a shot.

Calgaryborn · 10-10-2011, 09:37 AM

Quote:

Originally Posted by Deegee

She should be sued for selling poems at $15.00 a shot.

Yah but, if you think about it it is a pretty good scam. By setting the price that high you are giving the poem an artificially high value. All you've got to do is wait for someone to mistakenly use it. It's probably the only way a poet becomes rich.

Mean Mr. Mustard · 10-10-2011, 10:41 AM

How does one find a lawyer to sue a synagogue...

saskflames69 · 10-10-2011, 11:37 AM

oh god I'm in 10th grade English and my classmates have written better garbage than what she's writing

jammies · 10-10-2011, 12:01 PM

I know you're a good christian, so if you need someone to send her a profanity-laced tirade daring her to sue, just let me know. I really, really doubt she's going to spend the money to try to get anything out of someone living in another country with a weak case like that - copyrights are violated all the time, and as long as the material gets taken down and you can't prove it was deliberately done, your chances of a successful suit are practically nil.

Calgaryborn · 10-10-2011, 06:18 PM

Quote:

Originally Posted by jammies

I know you're a good christian, so if you need someone to send her a profanity-laced tirade daring her to sue, just let me know. I really, really doubt she's going to spend the money to try to get anything out of someone living in another country with a weak case like that - copyrights are violated all the time, and as long as the material gets taken down and you can't prove it was deliberately done, your chances of a successful suit are practically nil.

Lol! Thanks for the offer but, it isn't me that is being threatened with a lawsuit. If it was I certainly wouldn't willingly give her a cent.

My friend on the other hand is a very cautious man. He wants this to go away. He's worried that they will file a suit for $30 000 or whatever they are threatening. If she files in the States maybe she gets that much or more. We live 11 km from the border and he is worried that if a judgement goes against him he won't be able to get across the border.

He's talked to a family member who is a lawyer in Canada and was basically told to get a copyright lawyer. Instead he is going to offer $2000 and hope they accept. He figures travelling to probably Calgary and retaining a copyright lawyer would cost more. I don't know if he will change his course if they want more or not.

Resolute 14 · 10-10-2011, 07:04 PM

The entire purpose of a copyright troll is to force a settlement. The last thing they want is a lawsuit to actually go to trial as the cost then exceeds the potential. In my view, the odds are very low that this would ever actually get to a trial. It is the threat of such that forces the settlement, as if she is crazy enough to file a lawsuit, your friend would then have to respond, likely by hiring a lawyer in Atlanta (cause lets face it, she'll stay in the jurisdiction she knows) and those costs will add up.

First piece of advice: tell him not to even respond to her. Not even to say he's taken the poem down.

Second piece: talk to a lawyer to figure out what to do next.

Third piece: Your friend is an idiot if he simply tries to pay her off. Willingly choosing to get scammed just to make something go away is flat out dumb.

Fourth piece: Seriously, talk to a bloody lawyer, not us idiots on CP.

malcolmk14 · 10-10-2011, 09:10 PM

He doesn't sound like a cautious man.

1. Publishes a poem without checking copyright.
2. Thinks about offering a settlement out of pocket without speaking to a lawyer.
3. Allows you to discuss it publicly on CalgaryPuck.