QUESTION
What should I do if accused of copyright infringement?
Asked on Jan 04th, 2011 on Patents - Michigan
More details to this question:
I recently got in touch with some wholesalers from China and they told me that they sell a very expensive software at a very cheap price. so i thought I could make some money selling those. I put many ads on Craigslist advertising that i am a wholesale dealer selling the product. My plan was that if someone order that from me , i would i have one of the wholesalers from china ship the product straight to them and get some money out off the deal. some people contacted me about the product but we never went all the way through. i was not able to sell any. I recently received an email accusing me for piracy. the email says that i violated the copyrights. I contacted the people and and explained them the situation and they told me that even though i never sold any, i violated the copyrights just by offering the product online. they asked me to pay some money and they will drop the case. if not i will be in big troubles. Am i really in trouble?? what should i do?
3 ANSWERS
Internet Attorney serving New York, NY
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Handal & Morofsky, LLC
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On its face, Section 106 does not help the plaintiff very much. More importantly, you delivered no product, so damages may make it imprudent for the copyright owner to pursue you. However, the copyright owner cannot verify your claim very easily, and so he may choose to file an action. You should seek the help of a lawyer experienced in intellectual property litigation.
Answered on Jan 06th, 2011 at 2:43 PM
I would ignore them. If it were a patent you can get into trouble just for offering to sell a patented invention, but if it is copyrighted that is not the case. Also since you did not import anything you have not done anything wrong yet. Look at the copyright act sections 106 to 120.
Answered on Jan 06th, 2011 at 11:43 AM
Patent Prosecution Attorney serving Troy, MI
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Young Basile Hanlon & MacFarlane P.C.
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You should retain a lawyer to review your case and give you advice specific to your particular situation.
The exclusive rights granted to a copyright owner are the rights to reproduce copies, prepare derivative works, distribute copies of the work, perform the work publicly, publicly display the work or copies of the work, and transmit the work via digital audio transmission.
From the facts you have provided, you appear to have been offering a product for sale but did not go through with any transactions. The fact pattern indicates that you were offering counterfeit goods. Just because no sale was completed does not absolve you from liability.
Retain a lawyer who can assist you in this matter.
Answered on Jan 06th, 2011 at 6:43 AM