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ipodman
02-20-2006, 09:02 AM
Hi,

This post is in respect of copyrights!

A user on one of my site suggested a few slogan for my site and these were quit good so I decided to use one of the slogan he suggested.

He suggested 6 slogan on the site and said we could use them, Once we had made up all the banners and change the meta tage so the site was up-to-date with the new slogan.

So after that I thought that it now but he has just sent me an e-mail with the following:-

It has come to my attention that you have made an unauthorized use of my
copyrighted work entitled Slogan - "Powering Webmasters" (the "Work") in
the preparation of a work derived therefrom. I provided you with the right
to use it, however, I am now reserving all rights in the Work, first
published in January, [and have copyright therein]. Your work entitled
Website Slogan of the URL …"Powering
Webmasters" is essentially identical to the Work and clearly used the Work
as its basis.

As you no longer have my permission to use the the Work as the basis for
"Slogan: "Powering Webmasters" nor to make or distribute copies, including
electronic copies, of same, I believe you have willfully infringed my
rights under United States and International Copyright Law 17 U.S.C.
Section 101 et seq. and could be liable for statutory damages as high as
$150,000 as set forth in Section 504©(2) therein.

I demand that you immediately cease the use and distribution of all
infringing works derived from the Work, and all copies, including
electronic copies, of same, that you deliver to me, if applicable, all
unused, undistributed copies of same, or destroy such copies immediately
and that you desist from this or any other infringement of my rights in
the future. If I have not received an affirmative response from you by
[date give them about 2 weeks] indicating that you have fully complied
with these requirements, I shall take further action against you.

Well that is what he has said Does he have the right?

Stealth
02-20-2006, 09:18 AM
Print the thread where he suggested it in paperwork, print the email you received in paperwork, think of a new slogan, ban the user and send him an email explaining that you have done as he wished, but that you're also considering legal action considering he infringed upon something he has declared as public, not private property, therefore backing up on his own words.

On the other hand, you can omit the "considering legal action part", ban him, and inform other sites of similar content of him. He won't be welcome.

Bryce W
02-20-2006, 04:38 PM
Well, this isnt really about computer repair, however I know a fair bit about this topic anyway (as I do website development).

This guy cannot copyright a slogan, you can only trademark a slogan. You can copyright artistic works and literary works which may or may not contain this slogan which he made. But the slogan, by itself does not fall under copyright.

If he sent you a banner for example which had the slogan in it, he can pull a copyright on the image as he made it. However you can just make a banner similar and safely use the slogan.

Ask him to show you legal proof of his trademark on this slogan. If he cannot, ignore him.

bongo
02-22-2006, 05:02 PM
that was a pretty instresting problem..looks like he has plan to frame you long ago by telling you to use the slogan..ok..so what are you planning to do now?:confused:

ipodman
02-22-2006, 08:43 PM
Hi,

Well I have removed the banner and re-worded all place which have it as he has asked but I have also banned him from my site as I have Google Adsense on my site and I think he has been clicking it about 200 times.

I als think he planned it as our sites are in a similar rang of internet users.