Can copyright notification be removed

[slumberinc]

I have a situation where a major book company has used the output of my software program to promote their website and in so doing they have removed my copyright notification. They have also published the image output in many of their books. My software license states they cannot remove the copyright but they have so I'm not sure what I can do about it.

I have created a YouTube video to clarify my case:
youtube.com/watch?v=8qHzyaRbaYg

All comments are welcome

[stanleyg5]

On the surface it appears that you may have a prima facie civil suit for copyright infringement. A civil suit may avail you with the opportunity to make discovery via FRCP:

1. Rule 33 Interrogatories to Parties
2. Rule 34 Producing documents
3. Rule 36 Requests for Admission

Rule 56 Motion for Summary Judgment may enable you to settle without going to trial.

[Moo Moo]

Go after them- stanleyg65 is right, ( on the surface). Find an entertainment attorney that knows Trademark Law as well.. They have reversed engineered your intellectual property. A Cease and Desist to the Company will immediately make them think twice and they may contact you to settle to avoid litigation. Big Lawyer Territory here.

Love it When you got 'em by the Balls-Their Hearts and Minds Do Follow.
Moooo Moooo

[slumberinc]

I did send them a Cease and Desist letter, however they make the claim that since the US map is their own creation they may do with it what they please. Point of issue is that they have removed the copyright from my software. With no results, I offered them an opportunity to purchase a wavier, at a reasonable price, to continue using the image and software as is. Again they refused.

Finaly I terminated their license, yet they have ignored that as well.

It seems they will take no action unless a lawsuit is filed, which can be a VERY costly matter (and they know this).

[Moo Moo]

IF you truly did get copyright registration, and it is- per incidence of infringement- allowing you the right to go to court and sue them per incidence of infringement....don't dismay. Find yourself a pro-bono entertainment attorney who will take the case. This should not be impossible if he can agree that their infringement was willful and with wanton disregard of the registration granting you the right to sue. If you have signed anything in the temporary license that permitted them to use it which would transfer the right that you hold as copyright to construe in writing that they now own it(as a condition of the license)...the original agreement which you signed is very important in order for the attorney to determine if he can proceed- this is to establish that you haven't signed what is referred to as a Work for Hire i.e. been given a very small amount of what the copyright could be worth over it's life- and to transfer the rights thereof to them irrevocably.(subject to verification).

Friend of Mine had a simuliar situation and licensed the use of some software to another competing company of one he had conflicts with, albeit that he explained this up front to them-they(ones in conflict of interest with) sued the company and lost- he did profit . All he had was the original documentation
authenticating his ownership of the copyright from Washington- plus their bogus agreement-misrepresented as a license but actually a transfer disguised
as a temporary license.


Always get representation when dealing with copyrights- they have to return the phone calls- out of curiousity and to make sure their ass isn't hanging in the wind.

Lucks to You Friend