Legal Question in Technology Law in Illinois
Is the following copyright infringement?
Dear Sirs,
I have spent tens of thousands of hours creating computer aided drafting symbols of architectural and mechanical equipment, which I sell for a very fair price on my website. I am being threatened with a possible lawsuit by another company who makes CAD content for the same equipment. However, their symbols were drawn in one CAD software and sold that way (as AutoCAD ''.dwg'' files), and mine were created in a different software (Autodesk Revit ''.rfa'' format). I have actually imported some of their copyrighted drawings from a free trial version they distributed into my files for the purpose of comparison, but I have not included any elements of their product in any of my files. My drawings were made from scratch and in general do not resemble the ones from the company that is threatening to sue me. They are far more detailed, 3 Dimensional instead of 2 Dimensional, made for use on a far more technically advanced software than theirs, and are in general far more useful and of far better quality than their products are for the platform I make them for. I feel that this is just a competitor trying to make me leave what they consider to be their market. Thank you.
2 Answers from Attorneys
Re: Is the following copyright infringement?
There are a number of issues here. The question is whether one set of drawings was derived from the other set which usually is the basis of this type of copyright infringement.
The question I have is whether either party has registered any or all or a compilation of drawings. Without significant extrinsic proof these cases are hard to prove. I cannot comment because I haven't reviewed the case.
If you are sued, seek competent local counsel to assist you with the case.
Good luck!
Re: Is the following copyright infringement?
Without seeing the actual drawings in question, even a preliminary assessment is impossible. Your comment that "They are far more detailed, 3 Dimensional instead of 2 Dimensional, made for use on a far more technically advanced software than theirs, and are in general far more useful and of far better quality than their products are for the platform I make them for" could all be true and your drawings may still violate their copyright, if indeed their work qualifies for copyright protection (which is a separate issue). A derivative work may be an improvement on a copyrighted work, but it is still an infringement.
If the competitor continues to press the matter, you definitely need to retain competent counsel to advise you on your rights and risks.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
