Legal Question in Intellectual Property in California

Copyright violation?

I am a partner in an organisation that has a website for advertising our skills. I have posted several technical white papers on this website. Another former partner made a copy of the web site then left the organisation to form a new organisation with a new website. All of my white papers are posted on the new website without my permission. Is this a violation of copyright or any other law? What can I do about it?


Asked on 8/09/07, 10:46 pm

2 Answers from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: Copyright violation?

Yes, it is an infringement of your copyrights. There is some question as to whether YOU or YOUR COMPANY is the copyright owner, but the departing partner is certainly NOT the owner.

You'll want to hire a lawyer to prepare a strongly worded cease and desist letter, demanding that the infringing material be removed immediately.

If it's not, you have several claims, not just copyright, but unfair competition, trademark, unfair business practices, etc.

Such a lawsuit is expensive, but so is the damage he can do to your reputation, busieness, etc.

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Answered on 8/10/07, 12:04 am
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Copyright violation?

You or your company or both should file for an injunction to stop the use of your material and for damages. Several torts may also be alleged. Contact me directly.

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Answered on 8/10/07, 4:31 pm


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