Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer,
Get an Answer ASAP!

Intellectual Property Law

I like to talk with a lawyer expert at copyright. How does

Customer Question
Hello, I like to talk with...
Hello,
I like to talk with a lawyer expert at copyright. How does it work here?
Regards,
- Nader
Submitted: 2 years ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Answered in 2 minutes by:
9/15/2015
IP Lawyer: Maverick, Lawyer replied 2 years ago
Maverick
Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 6,425
Experience: 20 years professional experience.
Verified

Please go ahead with your question and give us some background facts so we can better assist you...

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
IP Lawyer: Maverick, Lawyer replied 2 years ago

Thank you for requesting a live phone call. However, due to ethical regulations, many legal experts do not offer this service option. Please tell us about what you are trying to accomplish...

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
Our company paid someone to create certain content 4 years ago.
This content is part of a training package we sell online.
Now, a US based company claims that the content belongs to them.
As we checked, this is right, and the content had been copied from a book that belongs to them; without us knowing.
What should we do?
Are we liable for that?
IP Lawyer: Maverick, Lawyer replied 2 years ago

Where is your company located?

Ask Your Own Intellectual Property Law Question
IP Lawyer: Maverick, Lawyer replied 2 years ago

Are you still there?

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
In Belgium
Customer reply replied 2 years ago
Well, I think this part might be related to our sister company that is based in Cyprus
Customer reply replied 2 years ago
But things are not really clear between these two
Customer reply replied 2 years ago
Are you still there?
IP Lawyer: Maverick, Lawyer replied 2 years ago

Okay, so what you are looking at is a secondary liability issue. The landmark case on vicarious liability in the USA was Shapiro, Bernstein and Co. v. H.L. Green Co.

In that case the court was faced with a copyright infringement suit against the owner of a chain of department stores where a concessionaire was selling counterfeit recordings. The court imposed liability, even though the defendant was unaware of the infringement, reasoning that the store proprietor had the power to cease the conduct and because he obtained direct financial benefit from the infringement.

More to follow ...be back with you shortly..

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
oh... not good news.
IP Lawyer: Maverick, Lawyer replied 2 years ago

What should we do?

You have probably received a cease and desist letter. The proper thing to do here is to let the copyright owner know that you did not know that you were selling copyrighted materials and that you are willing to comply with the cease and desist.

Are we liable for that?

If the dollar amounts of your sales are significant enough for them to go after, then you may want to discuss some settlement options with them to avoid per violation statutory penalties that could be imposed. If the person you hired has any money, you can try to sue him/her to recover your loss.

If this answers your question, please assign a feedback rating so JA will compensate me for my time. You are free to ask follow up questions thereafter at no charge. Please allow up to 24 hours for a follow-up response if I am signed off.

If you are not satisfied with the answer, I would appreciate knowing why so that I can try to clear up any misunderstanding that may have taken place.

You may request me in the future on new and unrelated questions by beginning the question with "THIS IS FOR MAVERICK".

Thank you for using Just Answer.

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
What are the borderlines for those Dollar amounts? The package we sell is €160, and we sell about 25 packages per month. This troubling part is about 20% of that package.
Customer reply replied 2 years ago
I think there's no room for a large penalty, isn't it?
so, should we just apologize to them and remove the content?
would they expect a small amount for settlement?
IP Lawyer: Maverick, Lawyer replied 2 years ago

Noramlly under an applicable international treaty, a United States author is automatically entitled to protection against the infringement of his work in a foreign jurisdiction. The U.S. author does not have to register the work in the foreign jurisdiction or comply with any other formalities required in the foreign jurisdiction. However, as in your case, if an act of infringement occurs in a foreign country, then the infringement lawsuit must be brought in the courts of the foreign country, and will be prosecuted under the terms of the foreign jurisdiction’s copyright law, not under the United States Copyright Act.

So this is a significant procedural hurdle working in your benefit. The penalties would be based on your local laws, if any. Yes, apologize and remove the content. If they ask about money, then do a small settlement on account of this major road block for them.

Ask Your Own Intellectual Property Law Question
Customer reply replied 2 years ago
do you happen to know how it works in Belgium?
IP Lawyer: Maverick, Lawyer replied 2 years ago

Just checking on you. Did you want to proceed with the offer of additional services or did you want to stop here and assign a rating?

Ask Your Own Intellectual Property Law Question
Ask Maverick Your Own Question
Maverick
Maverick
Maverick, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 6,425
6,425 Satisfied Customers
Experience: 20 years professional experience.

Maverick is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Alex Reese

Alex Reese

Lawyer

3,106 satisfied customers

Experienced in intellectual property law

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

848 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

459 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

450 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

< Previous | Next >

Related Intellectual Property Law Questions
I just finished my 1st cd that i need to get copyrighted
I just finished my 1st cd that i need to get copyrighted asap and trademark my record label's name.how much will the copyright&trademark cost and to start doing shows,selling c.d.s,etc... legally what… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
A Californian artist has infringed a copyrighted photograph
A Californian artist has infringed a copyrighted photograph of mine published in a book in 1994. She copied my photograph without authorisation, without credit and without payment. Her website indicat… read more
socrateaser
socrateaser
1,031 satisfied customers
I am looking for an literary/copyright attorney to represent
I am looking for an literary/copyright attorney to represent me against a very well known music artist. My complaint is.... I worked on this persons autobiography for 4 years compiling stories and int… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I have a question regarding the trademarks and copyright of
I have a question regarding the trademarks and copyright of Adobe Systems, Inc. I understand that their name, "Adobe" is a trademark, and the question I have is, would it be an infringement upon Adobe… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
If I want to revise a copyright, can I use the electronic
If I want to revise a copyright, can I use the electronic Copyright Office [eCO] or do I have to use the regular form?… read more
socrateaser
socrateaser
1,031 satisfied customers
My question is concerning copyright law. (I think) I am a
My question is concerning copyright law. (I think) I am a graphic artist I draw photorealistic portraits in graphite, charcoals and color pencil. I would like to begin offering fantasy composit portra… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Re: copyright infringement. The company who created and
Re: copyright infringement. The company who created and hosts my business website used an image on my site, which was taken from a disk that was public domain. I received notification from a company (… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,806 satisfied customers
What constitutes copyright infringement? If I find someone
What constitutes copyright infringement? If I find someone else's explanation answer to a question, and I read that explanation, and then develop my own explanation perhaps with different wording will… read more
Alex Reese
Alex Reese
Lawyer
JD
3,106 satisfied customers
I am an international in America. I wish to copyright my
I am an international in America. I wish to copyright my material. What is the safest site to do it on? … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I got a copyright infringement notice from Servpro.com. We
I got a copyright infringement notice from Servpro.com. We have owned a website for several years called serviceproslocal.com. They are requesting us stop using the website which we have invested 100'… read more
Ely
Ely
Counselor at Law
Juris Doctor
450 satisfied customers
I received a copyright infringement notice from a company in
I received a copyright infringement notice from a company in Toronto CA. They apparently found a cartoon photo on my blog from 2014. I was unaware it was copyrighted. They are asking $2940.00, I'm in … read more
Ely
Ely
Counselor at Law
Juris Doctor
450 satisfied customers
I have received a copyright infringement notice that has to
I have received a copyright infringement notice that has to be replied by January 26. My crime is that I had uploaded soft copy of a book on Kijiji.ca for sale. After I received the mail, I have delet… read more
socrateaser
socrateaser
1,031 satisfied customers
I received notice of copyright infringement from an
I received notice of copyright infringement from an pornographic website that I once subscribed to in 2011. The claim is that I uploaded their property to a torrent site. (I do not even know how to do… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,498 satisfied customers
I have received a copyright infringement notice from an
Hi I have received a copyright infringement notice from an attorney in Germany and I am in the US. It's an old site that I haven't touched in 2 years. The image had no text to it and I took it down … read more
Robert McEwen, Esq.
Robert McEwen, Esq.
Lawyer
Doctoral Degree
848 satisfied customers
Copyright infringement by using software and the internet
copyright infringement by using software and the internet for allegedly downloading the film I got this letter and wanted to see what needs to be done at this point? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,030 satisfied customers
One of my customers has received a Copyright Infringement
One of my customers has received a Copyright Infringement Notice from their internet provider. The notice states that someone in a branch office has posted, transmitted, or shared with others certain … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was wanting to know how I can avoid copyright infringement
I was wanting to know how I can avoid copyright infringement if I wanted to play music from my favorite artists on a podcast. … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a copyright infringement accusation for an image used
Hi I have a copyright infringement accusation for an image used on my business website. They're asking for $3,000 to resolve the matter. Is there anything I can do? I had reference link to the image s… read more
Legalease
Legalease
Attorney At Law
Doctor of Law w/ highest honors
15,668 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x