Legal Question in Intellectual Property in Texas

What law can be cited when notifying someone who has republished original website content without permission, when they insist syndicated content (rss) is in the public domain?

It has come to our attention that a website in republishing numerous blog posts including our original text and graphic content. The website offers a paid service, charging members to access this content. We have included a copyright notice on our website where the content originally appeared. The owner of the infringing website insist that since the content is syndicated via RSS, it is in the public domain and he therefore has the right to republsh it. I believe he is in violation of the Digital Millennium Copyright Act of 1998 and the he Berne copyright convention which states any published content, even if it only appears on a website, blog, RSS feed or email message, is protected by law. Are there any U.S. laws i can cite when filing a cease and desist letter with this party?

We have sent a letter requesting the content be removed and received a reply that he is free to use rss syndicated web content. We disagree because the content includes original copy and photographs we created.


Asked on 3/25/11, 5:21 pm

1 Answer from Attorneys
Bruce Burdick Burdick Law Firm

You can cite 17 USC 106 which defines your exclusive rights, including a right of attribution, and 17 USC 501-506 which define your remedies. 505 authorizes recovery of attorneys fees and expenses and 506 may make it a criminal offense, particularly when done via the web.

However, you need to know that for the Court to have jurisdiction to enforce a copyright in the US, you must first apply to register it. It is a simple process for a copyright attorney to do that online. You should use an attorney, so that the attorney can simultaneously write a CDL (cease and desist letter) to this apparent infringer. A letter from you is not likely to have the same effect and not likely to be worded for optimum impact. In fact, most do-it-yourself non-lawyer CDLs are a disaster and some even create grounds for countersuit.

See a copyright attorney, preferably one who is also a patent attorney, as there is the possibility of design patent protection that would assist in protecting your position. You should also consider the trademark protection which might be available for your business to assist in enforcements such as this.

Although in IL, I am a graduate of UT Law School and licensed in Texas, and do all 3 (pat, tm and copyright law). Besides, this is Federal Law you will be invoking. Call me at 618-462-3450 and ask for a free 1/2 hour consult.

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Answered on 3/27/11, 1:24 am


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