Copyright infringement - proof of authorship

[Steaknife]

I would really appreciate some advice on this one - a bit long winded I am afraid.

I usually live overseas but in October 07 I was working in the UK and agreed to do some freelance writing work for a friend of a friend - writing their company website.

There was no formal contract.
After a couple of meetings I sent over 1st copy, the client never returned any amendments to me and after chasing a few times I gave up, other things got in the way.

I had no further contact from them.
In March 2008 I realised the client uploaded one page of the copy to their website. I contacted them, reminded them that if they wanted to make further amends they should contact me and included an invoice for the single page published. I also stated that should any of the other three pages be published I would invoice for those too.

They later published the remaining three pages. I took the fact they had published the copy, unedited, to mean that they were happy with it and invoiced the full amount. £400

They queried the invoice and I stated my position as above. They disputed the invoice citing disatissfaction with quality and quantity - which seemed odd to me as they were happy enough to publish the work. In subsequent emails they accused my work of being that of "meerly a typist" and claimed that they had dictated the copy to me, they offered me a minimal payment of £40 that they felt reflected the work of a copytypist.

I ignored this offer and in the July, and 8 months pregnant, I sent them a copyright infringement notice, offering them the choice of payment in full with transfer of copyright, part payment for use of the copy with me retaining copyright or the option to withdraw the copy from their site.

I received no response and my deadline passed so I contacted their webhost after which the copy was removed.

I considered the matter closed. However, I checked their site recenlty and saw that they had once again published my copy. They had also used some of it as the basis for an updated version. It passes copyscape but to me it seems pretty obvious plagiarism from my original copy.

I sent another copyright infringment letter - not asking for payment just asking for the copy to be removed.

The reply I got back accused me of being deluded and asked me to pay legal and staff fees for the legal advice they had taken. This is the quote from their lawyer

"I don't see any infringement of copyright here as alleged by Steaknife, if you provided her with the content that she is now claiming as her own....you can sue her for copyright infringement here"

Here is the crux of it if they provided me with the content - which they did not.
I sent a short reply re-stating my position - the work is original and I have documentation to substatiate this and asking to have the copy taken down.

Today they requested my postal address for "formal correspondance"

I had published the work on my own website portfolio after the last run in but have now removed it so I can't see how I could be infringing their copyright just by stating that the work is mine.

I know my work is original, I have meeting and research notes to prove it, what I don't have are the resources to respond to their bullying tactics. I do not work and we recently had to close our business and move countries to move in with the PILs.

However, I am aware that if I just ignore them then I could end up in a legal mess from their end without knowing it (does that make sense?)

So should I give them my address?
Or just ignore them and contact their webhost with my proof once my original deadline has passed?
Or just ignore them and put it all down to experience?
Or something else I hadn't thought of?

I know this isn't a very helpful response, so feel free just to treat this as a bump...

I think you'll have to ignore them, chalk it up to experience and get a proper contract drawn up and signed next time. If they're counter-threatening over their legal costs, and they're bigger-er enough than you to be scared, then you need to hide!

Feel sorry for you though, it sounds as though you've done the work, given them reasonable chance to sort it out and they're still taking the piss.

Hope someone more helpful comes along soon.

Hello,

I would give them your address and make it clear to them that you are not accepting any liability for legal costs or any such costs theat they choose to incur.

I think you have nothing to fear if you can substantiate your original creation of the work. If they commissioned the work, it is arguable that they own the copyright but such ownership (even without a contract) is arguably dependent upon them paying you for the work!

Therefore, as they failed to confirm acceptance and/ or failed to pay you, it is reasonable for you to retain ownership of the copyright in your work and for you to make a claim against them for copyright infringement. The fact that they claim that the work you provided was not "up
to their standard" did not entitle them to deal with the work as if they were the copyright owner without paying for it!

There will probably need to be a bit of back and forth correspondence/ discussion between you and their lawyers until their lawyers realise that their client's claim is weak and, hopefully, will advise thm to pay up for the work or compensate you for using your work without your permission. Don't be intimidated - stick to your guns!

Happy to help (I'm a commercial solicitor - currently non-practising - who used to spend entire days dealing with this kind of stuff)

Hello again,

If there isn't alot of money at stake, it is sometimes best to write off these things as a lesson learned, as ditzzy suggests.

However, it needn't take much of your time to have a bit of back and forthe with their lawyers and, opefully they'll see sense sooner rather than later. Good Luck

Thanks hel9a

I wrote off ever getting money from them in July last year and they only seemed to back off then because I got their webhosts involved.

I think they were trying their luck this time assuming I wouldn't check or wouldn't follow up, but it seems to me that by plagiarising using my original work as a basis for new copy on the new pages that they were fully aware of the implications of what they were doing.

As for their costs - that is what I thought - it is up to them whether or not they seek legal advice and it isn't up to me to pay for it. (not that I could)

Okey dokey - I will write a response to their last email givng my address.

Thanks again hel9a and Ditzzy for moral support

How grim for you. Not sure I have much to add, but from experience it looks like they are trying to frighten you to make you back off - charming. Suggest:

• tear up their bills (having photocopied them - you need evidence of harassment if it gets nasty, and they are being nasty)
• tell their lawyer you can prove the work is yours (do not provide evidence at this stage, but tell her/him what the evidence is)
• relax. If you can prove it's your work, you're fine; copyright automatically vests in the creator.
• start making an estimate of how much compensation you would like.

Good luck.

Thanks Auntyitaly.

Having been through this with them once before I am pretty firm on me being the copyright holder and on my rights as such.

I just googled myself and found out that their lawyers are infact an online law service - I wondered why their legal advice was so cheap reasonable.
So now I know what they are basing their claim on.

I am however going to contact the forum they used and ask them to remove my name from the site - doesn't seem quite right to have my name bandied about while we are still in dispute.

They have been rude and quite insulting in some of their communications but I have managed to try to keep civil and stick to my arguments throughout.

Will let you know how things go.

Oh bums they really are trying to scare me and it is beginning to work. Most recent email from them to me after I sent address....

^The cost incurred will be a result of the accusations made against us by you.
Your actions leave us with no choice but to seek assistance with our potential loss of business.
You will be held responsible for your actions and consequential costs.
At this stage legal action may be avoided against you by immediately arranging to pay the amount notified to you (£148.80)
Should you be unable to pay contact the writer within the next 3 working days.^

My thoughts - surely if they removed the disputed copy last time and put it up again four months afterwards the potential losses - I am assuming from their website not having any content - is not my fault. Equally if they use disputed copy again and I ask for it to be removed and they do or don't their actions are their own (does that make sense)

All their potential losses hinge on the copy being theirs rather than mine. surely they would have to prove that first? And surely the huge cost of such a court case isn't really worth their while?

Also does it matter in all of this that I don't reside in the UK?

Actually re-reading that, aren't they just trying to wangle 150 quid out of me?

Actually re-reading that, aren't they just trying to wangle 150 quid out of me?

Actually re-reading that, aren't they just trying to wangle 150 quid out of me?

Sue them through the Small Claims Court.

Oldlady - I live overseas, so no go with small claims. Thanks for the thought though.

So sorry Steaknife, I have been out and about for a few days. That letter from the harassers sounds as if it was made up by the office cat. However - ring up the CAB and see if they can help (harassment is a criminal offence so they may do something). Also.... ring up the British Library IP centre and see if you can get a free appt with one of their IP advisers. Or, failing that, ring Business Link, who may be able to help you.

Living abroad actually helps you rather (dont mention this to Brit Lib or Business Link) - there are loads of EU agencies who might be able to help.