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montysimmons
montysimmons, Patent Prosecutor
Category: Intellectual Property Law
Satisfied Customers: 328
Experience:  Electrical Engineer, South Carolina Attorney, Member of US Patent Bar
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Hello, I am in a martial art association, I have discovered

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Hello, I am in a martial art association, I have discovered that a former member is selling some personal footage of myself and my training partners as a DVD under a different association and name. It also uses the logo of our association, of which he
has no permission to use. What type of charges can i press in this matter? He was given no permission to use this footage, and certainly not to sell it as a DVD.
I need some more information.
Who owns the video footage of the training?
Did the former student simply video you and your training partners training or doing forms?
Any music on the videos?
Any logo in the videos that are trademarked?
As for your logo, is it trademarked?
Thanks for the information.
Customer: replied 3 years ago.
The video footage is owned by one of my current training partners, and it was filmed in a school owned by our previous coach (now retired). I do not know how the offending party obtained this footage, nor does the creator of the content. Someone must have given him a copy, but he was never given it with permission of the author or the people in the video.The logo for our association, which appears on the DVD title screen is trademarked. The music in the video is from a few different kung fu movies and I'm sure owned by Sony or another big recording company.
Based on your facts, you have various legal actions you can take against this individual.
(1) Trademark
He has violated your trademark. Just make sure your trademark is still "live".
(2) Copyright
If he is copying and selling your video, he as committed copyright infringement. However, to sue, your video copyright needs to be registered with the US copyright office.
If your copyright is not registered, it cost about $50 and you can easily do it yourself.
Link to US copyright office: http://www.copyright.gov/
Link to copyright forms: http://www.copyright.gov/forms/
There are other various causes of action you can file also. If you wish to press the issue legally, I would see a local Intellectual Property Attorney.
You can, without and attorney, server/mail him a cease and desist letter.
(3) DMCA
If he is selling over the internet (such as eBay or person web page), you can file a DMCA take down request.
Review information at this link (lots of other sources also)
http://rising.blackstar.com/how-to-send-a-dmca-takedown-notice.html
Many paths to take. The least work for you is to hire an attorney to do the work. Such is also the most expensive.
If you have any additional questions, please come back and ask.
Thanks
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