Legal Question in Intellectual Property in Arkansas

Re: Copyright infringement?

I would like to supplement what Mr. Epp told you. His advice seems accurate to me, but there is another aspect to consider. Copyright includes the right to stop derivative works. It is quite likely that what the woman posted would be a derivative of your basic work on the site and thus not separately copyrightable. That may mean that her copyright registration is invalid and fraudulent.

Whether or not you take her information down, there is a lesson to be learned. In your click-wrap agreement you need to have language that constitutes an agreement that any copyright in information posted is assigned to you and that any information posted is agreed to be a derivative work based on your website and that you receive a non-exclusive license to retain any posted material.

I suggest you employ a copyright lawyer to get your EULA (End User License Agreement) right so you do not face this issue again.

Re: Copyright infringement?

Thanks for your question. From a purely legal point of view, in my opinion, you might assert that she gave you a non-exclusive license to display her work. From a practical point of view, however, do you want to spend the time and legal fees on getting sued if she asserts that she gave you no such right or has now withdraw any such license?

Best regards.

Todd D. Epp, Esq.