I have written some stuff and promoted it and have realised that some1 else has done it very simular to me, but he has been in business for several years, and i am just starting...
I read some of the copyright stuff, and it seems vague, and that I will prob be ok, unless i COPIED spec works from him.. this being said, i have not copied anything directly, but when i compared out works, they are both very simular, can he sue me? will i get in trouble? :( help!
2007-10-04 17:30:32 · 3 answers · asked by Anonymous in Arts & Humanities ➔ Books & Authors
It really depends on what kind of stuff that you've written/produced.
If you write about a new methods, products, etc., which have been patented, then yes, the person who patented them can sue you.
If you write or design a logo, a jingle or anything that sounds like, for example, McDonald's, then yes, you are violating the trademark and you can be sued.
If you are writing a book, an article, etc. which have similar idea but you write it in your own word and interpretation, then most likely you are quite safe. Copyright protects the expression of an idea, but it does not protect the idea itself. A person may write a story on teenage witzards going to wizardry school, it will sound extremely similar to Harry Potter, but legal actions on copyright matters require more evidences than just similar ideas. However, there is a possibility that the writer will be marked as plagiarist,.. and for writers, it is more devastating than law suits.
(see: http://en.wikipedia.org/wiki/Life_of_pi#Plagiarism_controversy)
2007-10-04 19:19:05 · answer #1 · answered by HazelNut 2 · 0⤊ 0⤋
Yes he could sue you. It would be what is called a nuisance suit. If he has more money than you and he wants to, he can drag you into court for as long as he wants to pay for it. It doesn't make him right, it just makes him richer than you. That is the nature of lawsuits in America today. The idea is eventually you run out of money and cave in. You would do yourself a favor by going to Legal Aid Society and filing for an attorney to speak with. It can take a long while, so do it now. Explain the situation and ask for legal advice. At this point, that is the best you can do. Pax - C
2007-10-05 00:47:32 · answer #2 · answered by Persiphone_Hellecat 7 · 1⤊ 0⤋
Yes... they might take an actions for it if they know you used it for gaining profit. But if this person have an attached emails on his/her work better send him/her an email. Ask permission and don't forget to specify where and why you were using it on what purpose.
2007-10-05 01:19:48 · answer #3 · answered by 黒いサファイア/Black Sapphire 6 · 1⤊ 0⤋