copyrights and the internet

[Calgaryborn]

Originally Posted by malcolmk14

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.

1. He was told it was anonymous. Probably didn't know how to find out if it was copyrighted without the author's name.

2. He did contact a lawyer who is a distant family member. He was told to hire a copyright lawyer. That's probably $500 and a 5 1/2 hour drive away for a consult. How long before the lawyer chews up a $2000 ?

3. He isn't in a position to argue the facts. The poem was on his site without permission. I havn't said anything that could be used against him and his name hasn't been used.

I hope if his $2000 is turned down that he will go to Calgary to seek council. As some have pointed out if he just ignored them they probably would not waste the expense of court. This is especially true if they couldn't gain damages in a Canadian court.

[valo403]

Originally Posted by Calgaryborn

1. He was told it was anonymous. Probably didn't know how to find out if it was copyrighted without the author's name.

2. He did contact a lawyer who is a distant family member. He was told to hire a copyright lawyer. That's probably $500 and a 5 1/2 hour drive away for a consult. How long before the lawyer chews up a $2000 ?

3. He isn't in a position to argue the facts. The poem was on his site without permission. I havn't said anything that could be used against him and his name hasn't been used.

I hope if his $2000 is turned down that he will go to Calgary to seek council. As some have pointed out if he just ignored them they probably would not waste the expense of court. This is especially true if they couldn't gain damages in a Canadian court.

Does he own a phone? If so I bet he can find a lawyer that does too.

[Hilch]

I hate to be rude but your friend is stupid for settling this and sending her a $2,000 cheque. This is exactly what she is hoping for and why she has sued so many times for settlements. Personally I would make her work for it and I would tell your friend to call a lawyer instead of going to see one in person.

Even if the poem was on his site he took it down right away when he realized he was in the wrong, that right there gives him some leeway. Did he save the email or letter from the person requesting he put it on the site who originally said it was anonymous?

[Maritime Q-Scout]

My question is, if he pays her $2,000 is he hoping that she just goes away?

You're not paying $2,000 to go away, you're paying $2,000 in exchange for the right to sue. If he pays without going through a lawyer she could still sue him and be up an extra $2,000.

Essentially him paying her $2,000 and ignoring her has the same outcome, she can still sue him (unless he goes through a lawyer and has a form drafted outlining the agreement, I doubt that he'd put one together himself that would prevent this). The end effect is identical.

For the love of all that is good and holy get him to call a copyright lawyer. If he's worried about having to travel to Calgary, call the local guys first, see if someone there can do it (you'd be surprised at the expertise in your own backyard) if not then call Calgary before travelling. With today's technology a consultation can be done over the phone with required documents scanned/emailed, or even skype. The location of the closest lawyer is not the issue it was even 15 years ago.

DO NOT SEND ANYTHING WITHOUT TALKING TO A LAYWER

I can't stress the bolded part enough.

I see your point on a lawyer could end up costing $2,000 but remember just sending $2k on a wish and a prayer isn't doing to make a tinker darn of a difference.



** Also of note, I'm not saying one side is right or not, just talking about process I don't know anything on the actual legal issues at hand.

[Calgaryborn]

Originally Posted by Hilch

I hate to be rude but your friend is stupid for settling this and sending her a $2,000 cheque. This is exactly what she is hoping for and why she has sued so many times for settlements. Personally I would make her work for it and I would tell your friend to call a lawyer instead of going to see one in person.

Even if the poem was on his site he took it down right away when he realized he was in the wrong, that right there gives him some leeway. Did he save the email or letter from the person requesting he put it on the site who originally said it was anonymous?

I don't know. I will ask him.