Plagarism - Can I do anything about it

[Terry Smart]

Hi All

I'm after your opinions and some advice please

Over the weekend (nice to see some of you by the way!) I purloined a copy of a catalogue from one of my competitors - we wouldn't be doing our job properly if we didn't know what they're up to after all, I'm sure they do the same with us. (In fact if you read on I now know that they do...)
Anyway, reading through it, certain parts started to ring bells with me. Alarm bells.
Some of our products are similar and the text they have used to describe them is the same as mine. Not similar, identical. They have copied whole chunks of text from our website (or an old price list, it's the same) and inserted it in their catalogue.

At first I was amazed, then I found it funny but now I'm annoyed. I wrote that text and they've stolen it; they haven't paid me for the work and it's just plain cheeky!

The original text isn't formally copyrighted (who'd have thought I needed to?!) so is there anything I can do?

 

[Argee]

That's definitely plagiarism (the use or close imitation of the language and ideas of another author and representation of them as one's own original work). I would have thought that your original work has an inherent copyright and the use you describe goes against the rules. It would help if your original file has a time/date stamp that precedes that of your rival - I'd say that was "job done" to show unfair use. Whether it's worth the trouble might be another matter.

Ray

 

[CHJ]

Ray you have made a relevant point, I am sure knowing how Terry operates that he has the original text on his computers, if these files are backed up anywhere then there should be no doubt as to dates of authorship (original file dates) and make it obvious as to how/when the information may have migrated.

Terry, knowing that competitors products often have slightly differing formulas or branding descriptions, has the competitor by any chance incorporated any of your wording that is not strictly correct for their product/s.

If so a set of COSHH sheets for the competitors products may be in order to support any challenge you may wish to make.

 

[StevieB]

First course of action should be a strongly worded letter stating you require an apology, immediate withdrawl of their catalogue and threatening to seek legal advice if they do not comply within 14 days. There is no excuse for it, and I would go ballistic if it happened to me. The second course of action should be a letter from a legal eagle threatening to take matters further if they do not comply - any solicitor should write something appropriate for you, then its up to you whether to go forward with legal action if they do not respond. Outlining your evidence that you are in the right may help tip them into the apology rather than trying to bluster you away.

Steve.

 

[Digit]

Send 'em a big bill for author's rights!

Roy.

 

[Steve Maskery]

Hi Terry

It's a pain, isn't it? I had a piece of my work copied and published in a well-known UK woodworking mag. It was the fact the the mag in question was under new ownership and editorship that it got through, it wouldn't have done if the original editorial team had been in place. It was actually the same mag that published the original article, such is the brazenness of some people. In that instance I didn't even get an apology from the mag, let alone the author, indeed, the mag sacked me instead.

I don't know what the answer is, unless you are willing to throw money at it. Certainly you own the copyright (you don't have to register it formally, it's yours because you wrote it). Of course, I'm sure that if someone here posted a link to a website that would illustrate the problem in question, then many of us would be willing to email the company concerned as to why their product is indistinguishable from the Chestnut range. I'd be willing, for one.

Whatever you decide, good luck.

S

 

[wizer]

anything published on your website and indeed in your brochures is covered by something called Intellectual Property rights. Google it. You have rights.

But as said above, is it worth pursuing? In your opinion, is it taking sales away from you?

I think in the first instance I would send them a letter explaining exactly what text has been copied and then quote your formal rights. Don't make any threats. There's a good chance they'll withdraw it from future publications. If not then it's up to you whether you take it further.

I suspect you're aware that most woodworking related companies watch these forums, they'd be complete idiots not to. So the company in question is probably aware you've been alerted to the issue.

 

[Jake]

Going on what you say, it's a clear nailed down breach of copyright, you can cause them no end of a headache. They'll have to pull their catalogue for a start. You need an IP (intellectual property) lawyer if you are serious about going beyond expressing exasperation. If you need a pointer towards a good IP lawyer in that area, drop me an pm and I'll see what recommendations I can dig out which might suit.

 

[Terry Smart]

Hi Guys

Thanks for your comments, support and good ideas. They are all appealling and I am considering my options carefully.

In case this is being read by the offending party I don't want to give them advance notice of my actions but I shall return to this and let you know what happens.
In the meantime further comments and suggestions are welcome.

Thanks again

 

[CHJ]

Terry, check the offending parties website, publication on there could take it into a whole new ball game. (currently under construction I believe)

 

[Terry Smart]

Hi Chas

You're right, their website is apparently 'under construction' but I will be keeping an eye on it!