Aug
30
I copied a design & broke the copyright law. Is there loopholes in the copyright law that i can win my case?
August 30th, 2010 posted by
admin
I copied a newsletter’s masthead – the client asked me and i sold 3000 copies of the newsletter to the client. Neither me nor the client new that there existed something like copyright on the design. My design look exactly 100% like the original. There was 2 photos in that the client supplied to me – the same that he supplied the previous company. I just combine them like they did and i use the same font as they did – it’s a free for all font. I got sued vor R1million bucks. The profit i made out of this deal was about R20 000. I got a lawyer but he does not specialise in copyright – must i change my lawyer? the client used me cause the service wasnt good at the previous company and she didnt want to use him anymore. Please help – i need to win this case.
alanninn says:
September 1st, 2010 at 4:08 pm
YOU STOLE YOUR IDEA,YOU MAY AS WELL TRY TO SETTLE ON A AMOUNT.SORRY BUT IF IT IS THE WAY YOU EXPLAINED YOU ARE LIABLE AND YOUR ATTORNEY CAN ONLY HELP BY NEGOTIATING A FAIR PAYMENT.SORRY.
Damien L says:
September 3rd, 2010 at 8:55 pm
you can not win if you used something someone else copyrighted without their permission. Sorry. I would try to settle out of court see if they will take all your profit instead of 1million.
Bob K says:
September 5th, 2010 at 3:47 am
I’d get a specialist attorney. There may be some loophole like “the design is a common image that would not be subject to copyright law enforcement.” An example of this would be something like putting an image of the world in your logo. Nobody can copyright the world. That’s just a broad example.
Bottom line: I hope you learned to do your own work from now on. Remember how they told us in school not to copy off of someone elses paper?
David D says:
September 8th, 2010 at 1:40 am
Yes, change your lawyer to one who knows the subject area. Get good legal advice, don’t do anything other then consult a lawyer who knows what they are talking about based on advice from this site (although you can safely use the answers to help you come up with questions to ask your new lawyer)
You may or may not be liable. If the client provided you with the design and you used it in good faith, then you are probably safe (but check with the lawyer).
If you knew the design was copied, then you probably aren’t safe. Every creative work is protected by copyright, and ignorance of the law is rarely accepted as an excuse, but again, check with a lawyer – they are far better at providing legal advice then a free for all site on the
dnjo303 says:
September 10th, 2010 at 2:57 am
The company or person doing the suing is in my estimation doing what his money grubbing attorney is telling him to do, start high and see what happens. No court is going to award a million bucks for a twenty thousand dollar deal. Many years ago I made and sold a small metal item and have good success marketing it only to discover that it had a patent. The holder of the patent just wanted me to ceased and desist which I did and he wanted a small per cent of what profit I made. Don’t be intimidated by an attorney they put there pants on one leg at a time like everyone else and they will try and grab what ever they can. The best out for you would be to make an offer, that shows good faith. Good luck.
Syed Mujib says:
September 13th, 2010 at 10:03 am
Now there is a difference between the exact/identical design and the one which look like the same. The point is in what sense does it look similar barring the fonts you used. Another point is whether you received any notice from the alleged copyright owner (Cease and desist notice). In case no notice was given the extent of liability visibly get diminished. Still another you are not solely liable for damages. Because the person who purchased 3000 copies from you and commercially exploited the same equally liable if the liability is made out. So the liability is not exclusive. The suit should be dismissed for non joinder of necessary parties.