Copyright Infringement Advice

[Thom123]

If someone is accused of copyright infringement regarding e-book content, can they re-draft their publication in order to avoid legal action? Or can they still be accused on the grounds that their original work was in breach of copyright?

Any advice would be much appreciated.

 

[Clinton]

A product that is re-drafted to an adequate standard ceases to be infringing.

However, that does not change history.

Personally, I'm sick to the back teeth of people nicking my stuff and blatantly reproducing it without acknowledgement so my sympathies are with the IP owner.

 

[Thom123]

Thanks for your advice Clinton - that's useful to know.

Does anyone know what stages would follow after legal action is pursued? i.e. when solicitors become involved.

Is it likely that the person accused of the infringement will be asked 'legally' to remove/change the content?

Is court action likely in such a case and what are the consequences i.e fines etc?

Thanks.

 

[Clinton]

Unfortunately (or fortunately for you), most IP owners and their solicitors lose interest once the IP infringement has been removed ...unless there's a pot of money worth chasing.

 

[obscure]

In some cases the IP owner may simple issue a cease and desist and take no further legal action if the infringer complies. However, more and more often these days, IP owners are demanding that the infringer pay whatever the fee would have been had they licensed the material in the first place. Failure to do so results in being taken to court resulting in the infringer having to pay that amount plus legal bills.

 

[Deleted member 59730]

http://www.bailii.org/ew/cases/EWPCC/2012/1.html

Seems that if you just redraft a previously infringing copy it is not enough.

 

[Zumanji]

Did you ever send a cease and desist to these guys?

 

[Adam Loveday]

I would have thought that a 'redrafting' wouldn't negate the breach. Isn't that considered a derivative work in the eyes of copyright law and therefore still a breach?