How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask alex reese Your Own Question

alex reese
alex reese, Attorney
Category: Legal
Satisfied Customers: 3045
Experience:  BS, MS, JD
14461494
Type Your Legal Question Here...
alex reese is online now
A new question is answered every 9 seconds

Another attorney saidAs you published the book already,

Customer Question

I had someone write a book for me on a freelance website and then published it to Amazon and made $16,000. Happened just this week Now 2 publishers are claiming that i copied 500 words from each book, copyright infringement. The guy who wrote it deleted everything from the freelance website so I don't have a way to prove it. I have all the proof for my other books though.


 


Another attorney said


 


"As you published the book already, the damage has been done even if you will not sell other books in this instance. This is such a fairly easy case for the victims to prove, I tend to advise a lawsuit--you would be frankly lucky if they agree to a settlement amount because they have no inherent need or interest to negotiate with you. "


 


But they have to prove I knew I was doing it? The problem for me is that the writer has deleted all his stuff from the freelance website

Submitted: 1 year ago.
Category: Legal
Expert:  alex reese replied 1 year ago.

alex reese :

hello

Customer:

hi

alex reese :

your defense is that you published with the understanding that it was an original work, that you had no knowledge of any copying. However, as the publisher, that will not relieve you of liability, but it could mitigate your potential damages.

alex reese :

assuming this material was copied, you can assure them that you will cease any further sales/distribution. That, coupled with the fact the you had no knowledge of the copying, may satisfy them.

Customer:

So should I try to reach a settlement? Because I can't really prove it since the user deleted all track of himself.

alex reese :

Of course, they could still seek damages for past damages by getting a payment from you and threatening a lawsuit.....there's no way to say what they will do, but that will be the situation. You may find yourself negotiating a settlement if they demand some payment.

alex reese :

If you have no evidence of your agreement with the other person and that they prepared the work etc. then that puts you in a worse position......yes you should settle if necessary.

Customer:

They've already have asked for an accounting of sales. Both publishers have asked. It's about 500 words from each book.

alex reese :

one option is to offer to give them all the profits you made

alex reese :

that is a decent position

Customer:

okay, any other recommendations?

alex reese :

yes, don't offer much info or property unless it is part of a settlement....i.e. don't give things up for free where they can turn around and still proceed with a lawsuit after getting all the info they want from you....right now you have no obligation to give them anything, only in the interest of a settlement negotiation.

alex reese :

also, don't make admissions of guilt

Customer:

okay, can they find out if I have a car and such? And do I have to tell them if they ask?

Customer:

All I said was that someone wrote it for me from a freelancer website

alex reese :

No they will not likely have any info like that about you.

alex reese :

No you don't. Of course, they could do some research on you through an info service.

Customer:

Okay, if they go ahead and sue would it be easy to prove I willfully infringed on the copyright?

alex reese :

No it won't and the burden will be on them to show willfulness

alex reese :

you will present yourself as an "innocent infringer"

Customer:

Just going to ask that at. So it's in there best interest to settle too?

Customer:

Would you offer publishers $16,000 each or go for half and half first?

alex reese :

yes it is because litigation is costly and uncertain

alex reese :

litigation may cost them much more than its worth

alex reese :

I would wait for them to make a settlement offer

alex reese :

and you can probably settle for a much lower amount than the initial demand

alex reese :

but as I said, offering to give up all your profits is a decent settlement offer

Customer:

What if they don't offer a settlement and just sue? Or try me for criminal copyright infringement?

alex reese :

criminal is highly unlikely

alex reese :

they might go straight to a lawsuit, but that is unlikely....they almost always try to settle

Customer:

Thanks Alex!

alex reese, Attorney
Category: Legal
Satisfied Customers: 3045
Experience: BS, MS, JD
alex reese and 3 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions