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Copyright Laws?

WHAT SHOULD JAY DO?

Poll ended at 12 Jul 07 7:13 pm

No votes

Go for it! Other's are doing it for a good Cause, so should you. Keep us posted.
No votes

Take it down, you are posting really obscene material.
67%

Ask for specific violations in writing and a letter to request with reason, to shut down your site.
33%

Jay, don't mess with the law. If someone does not like your site, take it down!
Total votes 3
jaydebaca
Posts: 40
Joined: 03 Sep 06
Trust:

Copyright Laws?

Ok, I am in a bit of a pickle, but I refuse to back down. As many of you guys know, I am a cancer survivor. 3 years now. I am doing ok, but my original drive and motivation has diminished as my focus is more on volunteer efforts. (Its a coming though!)

I am the online and logistics chair for my community's Relay For Life Event. Like many other webmasters, I have set up a website that is URL friendly. ( broken link ) -- All of the trademark links and copyright material were supplied by cancer.org

The Denver office of the ACS calls me Friday with "You MUST TAKE DOWN YOUR SIGHT IMMEDIATELY for trademark and copyright infringement".

Now, if you piss off a webmaster who is doing this to raise money to fight cancer... and I have no intention of making any profits from this, and am following to the LETTER, the agreement I had to sign to use those Trademarks and the links. (Heck, they supply me with the codes!) One rule that I just recently fixed, was to not link any sponsors, like Starbucks. I can use their logo, but not link it up.

I asked for specific violations to the agreement, and she was unaware of the agreement, and I had to fax it to her. She said it would take over an hour to explain all the violations and she threatened to "take it to the next level" ... What on earth could that "level" be? Anyway, after July 13th, its a mute point, so I am thinking... let her take it to the next level! What do you think?

My blog responses are telling me to hold my course. I could see if I was working for them, and was profiting from this effort, or worst, linking up to money making websights. I am doing nothing of the above. My other sights do not link to this sight, and my personal "playground" sight is a mirror of this sight.

I know this is a lot, but I am freaking mad that some bloke can actually demand that I take down a site because she just does not LIKE it. She said something that I could not use YouTube... yet it was cancer.org that posted the video! Other webmaster's are doing the same thing, and they tell me not once have they been harrassed.

Thanks for letting me vent. I still think its a good cause, and this link links up to the official website, which I maintain and have raised almost $20k! Any info you guys can give me or link me to resources is appreciated!

I am not asking for support, yet if you do have the heart, this is a good cause, especially if cancer has touched you personally, but please don't give them a dime until I cool off. I will keep you guys posted! THANKS!

Jay (in Denver!) [That was for Adrian! ;-) ]
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Last edited by ampie g on 03 Feb 10 3:12 am, edited 1 time in total.
Reason: broken link removed
 

PremiumMember
mimenta
Posts: 86
Joined: 11 Dec 06
Trust:
The plaintiff must define the offense - in other words she has to describe which portion of your site is offensive, in which case you are obliged to remove it, if it is reasonable to assume the plaintiff could be offended. Failure to do so will result in legal determination of what is reasonable..

If you are using company material that is copyrighted, you need their authorisation for use of the material. If you already have that authorisation, then you are covered as long as it is (to your reasonable satisfaction) authorised by an officer of that organisation.

I had a case where the office of a USA comapany authorised my use then left the company. The new officers tried to stop me using the material and were unsuccessful because I had authorised use, and the material was not detrimental to the company. (They had someone willing to pay for exclusive use and wanted me out of the picture)

Your solution is to use the legal negotiation process to keep your site up and start a war of legal attrition:
- You request her mailing address. (7 days delay is a reasonable response time)
- You sent her a letter, acknowledging her concerns, requesting her to define which portions are upsetting her, so you can revise these parts of the site (another 7 days delay for her reply and 7 days for you to write the next letter and post it = 14 days total).
- If she says logos of Cancer Group, you send a letter stating you have authorisation to use the material and will forward a copy at her request (another 7 days delay for her reply and 7 days for you to write the next letter and post it = 14 days total)
- Send a copy of the material if she asks (7 days delay to send, & 7 days before you alter the site)

If she moves to legal processing anywhere in this spell (which is 2.5 months now) you can adjourn free of charge because the matter is still under negotiation. By the end of the 3 months she will have cost herself a fortune in legal fees.

A lot of people threaten legal action but don't realise it is a last resort and cannot proceed until there are no more avenues of negotiation. If it went to a hearing, she would look like an idiot because you have done everything to try and appease her - she , not you, is the one being unreasonable.[/i]
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