Copyright Question

P

patssle

Well-known member
If you are doing independent contract work for somebody - and they may be in violation of a copyright, are you at fault or liable as well for the violation?

Short back story - I was hired to produce a monthly show for a guy, we did that for a couple months, then he partnered with some people, a couple months later, they get mad at each other, decide to split - I had to choose which group I wanted to continue to work with. Now they are fighting each other over who gets to use the name of the show. One group had the initial name 3 years ago and mailed it to themselves, the other group registered the name as an incorporated.

I don't know who owns the copyright, they are each saying they do - and threaten to sue the other group if they use the name.

Can I be brought into this at all legally as an independent contractor? Any suggestions to protect myself?

Thanks.
 
You can't copyright a brand name or company name. Brand name falls under trademark not copyright. So technically legally, no body owns the trademark, but I would think the company with registered name is default ownership on a trademark not registered.

The whole poor man's copyright (mailing something to yourself) is crap. Not a legally binding way to prove anything.

If the original party had registered then they would definately have ownership.... really it looks like the only way for it to truely be deteremined is a jury/lawsuit.

(I'm not lawyer.)

The rest of your questions I'm not sure about.
 
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I would agree with Andrew. You cannot copyright names/ideas. But without more info, I would say on the face of it, the company that incorporated the name would have better legal standing. They took legal steps (albeit, small ones) to officially establish the name. Of course, if I wanted to, I could take the name and trademark it right now, then both parties would be screwed, as neither of them have actually trademarked it.

I think that is what it is going to boil down to: Who files the trademark first. Otherwise, it maybe thrown out of court. The argument, as I understand it is: Two groups that used to be one have this idea, both have worked on it, neither has filed trademark paperwork pertaining to the body of work. The courts may look at this as: "well, since neither party has a trademark on the body of work, neither can claim trademark infringement." That is what they are trying to do? Claim trademark infringement?

And since you were party to some of the discussions and work, rest assured you will be dragged into this mess. Get an attorney ready like David suggests. At least get all of your documentation and pertinent info together. Talk to the side you are on, and tell them to file the paperwork and this mess gets way easier.

Yeah the "mailing yourself" stuff is not a legal remedy, as many think. Copyrights, Trademarks, etc. involve the actual filing of legal paperwork and attorneys and the government. Not just an envelope and a stamp.
 
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David Jimerson said:
You will absolutely need to consult an attorney on this, if the need arises.
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I completely agree with David, and I continue to be baffled as to why anyone would solicit, let alone follow, legal advice from anonymous people on any website, even one as strong as DVXUser.

Kevin
 
Because the need hasn't arisen yet. And I figured somebody else has dealt with an issue like this before too. And I don't have a lawyer.

I'm not too worried about it - I'm more confident that my client has the rights to it than the other guy - and I've heard both sides of the story from each. I just wanted some other opinions before the throwdown happens Thursday on a shoot.
 
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patssle said:
Because the need hasn't arisen yet. And I figured somebody else has dealt with an issue like this before too. And I don't have a lawyer.

I'm not too worried about it - I'm more confident that my client has the rights to it than the other guy - and I've heard both sides of the story from each. I just wanted some other opinions before the throwdown happens Thursday on a shoot.
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This can only be answered by an attorney who has all of the information you can give him/her. This kind of stuff turns on the details, and each case is different.
 
patssle said:
Because the need hasn't arisen yet. And I figured somebody else has dealt with an issue like this before too. And I don't have a lawyer.
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Maybe they have. But you have no way in the world of knowing whether anyone here is telling you a true and accurate account of their experience. You also don't know if their experience is exactly the same as yours, or whether the same laws are in force now, in your location.

1. People can lie.

2. People can be mistaken.

3. Things may have changed.

4. There may be some reason why your situation is different in some fundamental way from theirs.

5. The laws may be different where you are.

Bottom line is, you're risking a lot. In legal situations, it's always best to consult a qualified attorney. Anything else is just taking a chance and hoping for the best.

Good luck!
 
You're absolutely right, people do lie.

Their stories actually corroborated each others. Plus I looked up some of their claims, thank you open records.

And I had them sign a Hold Harmless Agreement this evening. I wasn't too worried before, and that just helps some more.

And if things ever get murky, I quit. I don't need their money. I hate drama, I have none of it in my life - don't plan on adding any.
 
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