Just saw a new marketing piece one of my competitors put together…Oh wait no he didn’t, he used my offers, all of my hard work that I put into EVERY word of my ads. I have been keeping away from my competitors and never say anything good or bad about them except on here venting… never use anyone’s name etc.
What would you do? The piece is copyrighted.
Cease and Desist?
If they have used your copyrighted material then I’d say legal action is in order. Have you talked to your attorney?
I JUST saw it. I’ll be calling my attorney Monday.
Mimicking is the best form of flattery. I would put them on ignore for now. The one thing I have learned from the competition is that they will “keep on doing what they’ve always done and will always get what they’ve always got”. With no forward thinking on originality your competition will be a blip on the radar.
If you really want my opinion I would say to worry less about them and focus more on your business. Screw them bro. Worry about the things you can control.
Why pay for an attorney and worry about calling the IRS on him when your busy season is approaching? The guy is clearly a tool. Life has probably been cruel enough to him.
Why did you copyright the material?
After one of my guys left last year I knew I would be in for stuff like this. Just didn’t see it coming from this specific character. I copyrighted the material a couple months ago.
I agree to a certain point about ignoring this kind of thing…
But at what point do you stop ignoring it because it’s going to adversely effect your business?
I guess it depends on what kind of marketing material it was as to what kind of actions I would take - or wouldn’t take.
Its enough to be infringement of copyright
A person holds a copyright the moment they create something, whether it is registered with an authority or not. Doesn’t matter if you have a paper stating that you hold the copyright, or can just prove that you did it first.
BUT… I would imagine there is a fair-use clause for written word copyrights. With music (my area of copyright and licensing expertise), there is the Fairness in Music Licensing Act. It states that you can “cover” another artists work as long as you notify the original artist / copyright holder, PAY THAT ARTIST, and there is a decipherable difference between the original work and the new version.
I’m mentioning this because you may be able to demand and sue for damages. Like I said, I’m not an expert in written word copyright law, but in the music biz the standard percentage is %17 of gross income received from any particular work covered. Let him keep going… then demand your 17% of his gross profits made from your copyrighted work, or whatever the written-word equivalent is.
Get yourself a lawyer and cash in… thats my new motto lately 
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I have been in similar situations, what it always come down to was time. We all say it, time is money, the busy season is so close, will you have time too start something and finish it. Meaning dealing with your lawyer etc. If you don’t labor and have the extra time, go for it. IRS, thats a whole different critter. I would let that go, but that is just me.
Did he copy the top notch service you provide? Of course not, because that would be difficult.
Do you think your clients will recognize the plagiarism when his flyer arrives in the mail? That would be funny, especially if he doesn’t provide the same level of service.
I say he’s a tool. His reputation precedes him. Focus on your service.
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I don’t want his profits. I want copyright infringement. Penalties go up to $150,000.
I agonize over every word on my marketing materials making sure everything flows and answers any questions that could be generated while finding the balance of not have a piece that is too busy looking.
To see something I worked on for a month copied and pasted is a tough pill to swallow.
My fury is going to be biblical.
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$150,000 could put him out of business.
Did he copy your whole piece or just the offer?
He copied and pasted 2 key things I put on every piece I put together.
If someone stole the motor out of your car would you say, “well he didn’t steal the whole thing so, I’ll let him be”? I wouldn’t. I would be on the phone to the police and press charges.
I OWN the rights to my marketing. You want to steal it? Hope you got some money behind you, because I am on my way.
ask yourself this… Can I prove that I am the original creator this certain piece of literature.
Technically everything is copywrited if its ORIGINAL/never been done before. The tricky part is proving in court that you are orginical creator without any proof or verification.
Words alone will not win this battle.
I just found these notes from a legal class I took in college. Don’t mind the formatting errors…
- Copyrights
a. Lifetime of the author plus 70 years
[B]b. Protection begins when work is created[/B]
[B]i. File with a government presumption of 1st creation, and for notice for damages protection. [/B] - best way of proof…
ii. Different from plagiarism - Plagiarism – using material without credit
- Copyright – giving credit doesn’t make infringement ok.
c. Standards for copyrights
[B]i. Must be original, but need not be innovated[/B]
[B]ii. You cannot copyright facts of ideas, only their expression[/B]
[B]1. It is the creativity expression that is protected. [/B]
d. Copyrights come with the right to make derivative works
i. Copy of piece of art.
ii. Movie out of book.
e. Fair use doctrine
i. Limited copying is allowed for research, news reporting and educational purpose
ii. VCR copy for home use is a fair use
iii. Parody - Test for infringement by parody
a. Commercial use
i. Must look at other things
b. Does the parody use heart of copyrighted work.
c. Is the copying extensive
d. Are they damage to market of the original work.
f. ASCAP (association of composer Authorities of Publishers)
I have the proof. It was created AND distributed last year. I have the creative files in my email from the graphic designer I was instructing. The creative on the copied part of this particular piece dates back to September last year.
Well it sounds to me like you are going forward with the lawsuit…get off a here and get suing!
Good luck, I hope this works out and doesn’t just end up at a dead end for you. Let us know
how this ends up please.
It will probably end up being a cease and desist without getting too involved and I’m fine with that. That will get my point across.
Obviously competitors are going to advertise, I just don’t want them using my ad copy word for word without my permission.
