Legal Question in Intellectual Property in Indiana

Copyright Infringement

My Chiropractor is accused of using another companies Q & A on her website. She in fact found the info elsewhere and the page the company says she took it from is not accessible unless you know it's there - there are no links to it. The company sent a letter demanding she remove the content AND pay them $1400 - OR she can sign up with them to provide a site redesign and hosting for a nominal monthly fee. Can they do this? She's removed the content but is what they've demanded acceptable?


Asked on 3/31/09, 12:01 pm

1 Answer from Attorneys

Kenan Farrell KLF Legal

Re: Copyright Infringement

They can absolutely attempt to do that. Here are some key things she should be thinking about:

First, can she identify the location where she found the info? If so, she could prove she did not copy their work. Even if the info is identical, if she didn't copy them, she won't be subject to copyright law.

Second, not all information is copyrightable. Facts and ideas are not. On the other hand, the layout of facts is copyrightable. She might want to have a copyright attorney review the information to determine whether it's even something that can be protected by copyright law.

As far as whether what they've requested is acceptable, I'll give you an idea about copyright damages. If their work has been registered with the U.S. Copyright Office (which presumably it was prior to sending the demand letter), they could be eligible to receive statutory damages ranging from $750-30,000. If the infringement is considered willful, the award could be up to $150,000. So some level of risk definitely exists if she's shown to have copied their work.

Hope this helps.

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Answered on 3/31/09, 12:29 pm


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