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I have a situation regarding copyright infringement. I purchased

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

I have a situation regarding copyright infringement.

I purchased an ebook (manual) which came in 5 pdf parts 3 years ago. This week, I emailed 2 parts of the book to some friends of mine from a mothers group. The author of the ebook was notified that I had forwarded part of the document, and has now messaged me via facebook claiming copyright infringement. The document retails for $39.00, the author is demanding $828.00 payable immediately or they will take legal action.

This was an honest mistake, I had not opened the book since I purchased it so was not aware of any restrictions on forwarding to a third party. I naively thought it was the same as lending a copy of a hardcopy book to someone. When confronted by the author, I acknowledged that I was unaware there were restrictions on the document, and yes I had forwarded the document to twelve people within the group. I also confirmed that many of those had been returned to me as 'undeliverable' and I asked the recipients to confirm in writing to me who had received any of the documents. Four people have confirmed receipt of the document (or part of the document) and are willing to compensate the author at the applicable market value/current sale price, in return for receiving the complete document (as only a portion of the original 'package' was sent to them from me).

I have met the authors demands in respect of publicly apologising for my error, and have been attempting to reasonably negotiate with them regarding the situation.

Based on the figure I have been given, the author is demanding over twice the sale price for 12 infringements, payable immediately, or legal action will commence.

I am unsure if I have any rights, given I acknowledged forwarding/attempting to forward part of the document to a third party? I am being messaged daily by the author demanding a response, but am really unsure as to what I should be doing or saying?

Any advice would be appreciated.

Submitted: 297 days and 14 hours ago.
Category: Australia Law
Value: AU$94
Status: CLOSED
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Expert:  Sydney-Lawyer replied 297 days and 13 hours ago.

Good Evening


How much money have you sent this person and where is he located?

Customer replied 297 days and 13 hours ago.

Thank you :) As yet I have not sent any money, other than the initial purchase in 2009 of the book. The author is in Newcastle Australia.

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Expert:  Sydney-Lawyer replied 297 days and 13 hours ago.

Good Evening


The sending of the book is equal to photocopying and it can be seen as an infringement of copyright.

His demands are unreasonable.

He has lost a maximum of $468.00. This is what he would have received if he made the sales.

How he works out the $828.00 is beyond me.

You should not agree to give him that kind of money.

His losses are the sales that he lose by you sending copies to others.

You offer him this in full settlement and that puts him back in a position of no losses.

The courts would not grant him that kind of compensation.

Here is an article about copyright for you. Section 9 10 and 11 are important.

The court will expect he be put in the same position as if the infringement had no happened. It was not deliberate.

http://www.ict.griffith.edu.au/teaching/3601ICT/10Copyright%2BLaw%2Bin%2BAustralia%2B-%2BA%2BShort%2BGuide%2B-%2BJune%2B2005.pdf

I hope this is of assistance. If you have any further assistance please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.



Customer replied 297 days and 13 hours ago.

Thank you for responding to my question. Your information is extremely helpful, and very valuable to me at this point.


I have one question regarding the amount the author can ask for. I have been advised by them that because my initial estimate was up to 12 copies/recipients (in all honesty I had no idea, I surmised a number on the spot when confronted, and advised I would obtain an exact figure) that is what I am being asked to pay for. Because I gave them a number, is that a legal admission therefore I would have to pay for 12? Or should I only be paying for the confirmed copies that were distributed?

Accepted Answer

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Expert:  Sydney-Lawyer replied 297 days and 13 hours ago.

Good Evening


You have to try and work out to how many you emailed it.

If you agreed with a figure it is an admission but at the moment that means nothing. If you have given it to less then you can change that and provide the evidence.

12x39 is not $828.00

If the number is XXXXX then advise it is less and pay for that

Make sure it is all in writing so he cant come back at you later.

I hope this is of assistance. If you have any further assistance please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.



Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16826
Answered: 7/8/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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Customer replied 297 days and 13 hours ago.

Thank you very much. You have been incredibly helpful, I am very grateful for your assistance.

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Expert:  Sydney-Lawyer replied 297 days and 13 hours ago.

Good Evening


You are welcome.

If I can assist in the future please do not hesitate to contact me.

Good luck and please do not forget to rate my work.

Thank you.

 
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