Legal Question in Intellectual Property in California
Plagiarism
Hi I'm an investment Trainer and I sell webinars for a living. I recently sold one webinar (video e book) that I created (with a warning not to resell or re-distribute without author's consent) to a guy who did not know a thing before buying my webinar (I have several written proofs of him saying--name removed-- after viewing my webinar he created an Ebook copying the information, techniques and strategies, added additional information, claiming it as his own and has been circulating it in the internet for free. This is hurting my business, what can I do?
3 Answers from Attorneys
Re: Plagiarism
There a several things we can do and you'd want us to escalate this by first getting his offering off the Internet and then filing suit if you have protected your intellectual property. Feel free to contact me directly, this is where I focus my practice.
Re: Plagiarism
Send him a cease and desist letter if that does not stop him...you need to file a lawsuit.
Re: Plagiarism
If you've not done so already, Register your copyright TODAY. this is a prerequisite to filing your lawsuit.
If this guy has really "copied" your work (i.e., it is "Substantially Similar" to your product), you should:
1. Send a cease-and-desist letter demanding that he immediately remove the product from distribution via any medium, and account to you for how many downloads have occurred, etc.
2. If he fails to comply, sue him for copyright infringment, unfair competition, unfair business practices, etc. Seek both injunctive and monetary relief.
You may also want to send TAKEDOWN NOTICES (17 USC 512) to all ISPs that are hosting the file in question. Do this right away, you don't have to wait until the work is registered.
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