Legal Question in Intellectual Property in Pennsylvania

paraphrased copyrighted material

I filed an ethics complaint with an international seminar organization against a man who took a copyrighted sales training book and paraphrased the entire manual. He then published the book, selling it as his own concepts. I compared the two texts, and the theft is extensive and very apparent.

The well known and highly respected international training organization he took the material from is reluctant to bring a suit against him because he was a former instructor and it is very embarrassing for them.

The seminar organization that we both belong to now has turned on me, saying I have filed false charges against this man and will be saying so in an article in their own international magazine ... which will destroy my reputation in the seminar industry.

What legal action may be taken?


Asked on 10/21/03, 1:52 pm

1 Answer from Attorneys
J. Bryan Tuk Mandracchia & Modesti, LLC

Re: paraphrased copyrighted material

Of course, once you copyright material, it becomes your intellectual property. Based on the information you have provided, I have several questions. Did you register the copyright with the PTO? Or was the copyright simply published along with your original seminar materials?

Another important issue is whether you have signed any agreement with the seminar company that transfers your copyright to the company. The answer to that question could radically change your options as to any potential legal recourse.

On the issue of the magazine's claim that you have filed "false charges", there potentially is a claim for libel/slander, but it depends largely on what the article says. Without seeing the published article, it is impossible to tell.

Please call me to discuss this further at (215) 540-2633.

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Answered on 10/21/03, 2:09 pm


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