[gundam91]

I had posted an review on an amp here last year. It has been permanently placed in the amp review section. I was visiting the manufacturer's website yesterday and was surprised to find that the manufacturer has posted my entire review on their website, word-for-word. At the bottom it says copyright 2000-2005 Jelsoft Enterprises Ltd.

Shouldn't the manufacturer request for my permission before posting my review? Or is this review now the propoerty of someone else now that it's on the web? Who is Jelsoft Enterprises Ltd anyways? I did a little search, and it seems like they sell or host the forum similar to this Head-Fi.org. Are they making money off my review?

 

[grawk]

Jelsoft is the company that wrote vbulletin. It says "Copyright ©2000 - 2005, Jelsoft Enterprises Ltd." at the bottom of every page here. The mfg probably mistook that for a copyright for hte post. Contact them and ask them to attribute it to you or take it down...

 

[Nicola O]

Ok, let me go into law student mode.


What you are dealing with here honey is the intellectual copyright of your work, this can be a piece of writing, painting, a song, a photograph. It does not need to be registered, it does not need a (c) symbol added, it automatically belongs to you. You should write them a letter/email addressing to the managing director stating that it is your work and it was publish on the internet, tell them the date it was published and where. Demand either you get credit for your work and claim for damages or else take it down immediately. For example, journalist might charge £1000 for 500 words. You can claim that, also demand credit for your work if they continue to post that on their website.


Hope it helps



Nicola

 

[sahwnfras]

nice you might be able to make some money off this.

 

[elmoe]

Yeah what a great way to take money from an honest amp maker who thought your words were a good description of his amp...

Should he give you credit (ie. name at bottom of review)? Yes, that he should.

Should you sue him for finding your review so good he posted it on his site? Errrr..... If you see nothing wrong with that you've got some thinking to do...

 

[Edwood]

Quote:

Originally Posted by Nicola O Ok, let me go into law student mode. What you are dealing with here honey is the intellectual copyright of your work, this can be a piece of writing, painting, a song, a photograph. It does not need to be registered, it does not need a (c) symbol added, it automatically belongs to you. You should write them a letter/email addressing to the managing director stating that it is your work and it was publish on the internet, tell them the date it was published and where. Demand either you get credit for your work and claim for damages or else take it down immediately. For example, journalist might charge £1000 for 500 words. You can claim that, also demand credit for your work if they continue to post that on their website. Hope it helps Nicola

While this is true, you can only fight for credit of the work, in other words, just for the right to say, "Yes, I made this."

Other than that, the first thing an IP Lawyer will say, is "Did you register the Copyright?"

If not, you won't have much of anything to fight with if you take it to court.

Which is ridiculous, unless you are that rich or bored, no need to press a lw suit over an online article unless it intrinsically effects your business.

-Ed

 

[gundam91]

Quote:

Originally Posted by Jashugan Yeah what a great way to take money from an honest amp maker who thought your words were a good description of his amp... Should he give you credit (ie. name at bottom of review)? Yes, that he should. Should you sue him for finding your review so good he posted it on his site? Errrr..... If you see nothing wrong with that you've got some thinking to do...

What I had intended to say was that at least the manufacturer should have the courtesy to ask for permission from me before posting MY review on their website.

Regarding the money issue, I was referring to the fact that at the end of MY review on the manufacturer's website, there's a statement stating "copyright 2000-2005 Jelsoft Enterprises Ltd." I was thinking along the line that this Jelsoft Enterprises had put a copyright on my article and is collecting money from the manufacturer for using the article.

 

[Ticky]

Quote:

Originally Posted by Nicola O Ok, let me go into law student mode.

Pink color and law school.... why does this remind me of a horrible movie I was forced to watch while on a transcontinental flight.

Anyways, Gundam91, along the lines with Edwood's comments, you are best off asking the manufacturer to give you credit for the review. I don't see why they wouldn't do that. They probably didn't mean anything malicious... probably just careless.

But, if they refused... well, legal recourse is probably not a cost effective option. If they piss you off with such refusal... well, I suggest zen meditation. Or, you can just post a thread about how they posted your review without permission etc.,... that'll probably have them worrying about their public relations enough to cave in.

But of course, they might sue you for libel... but then, if they really post your review without your permission (providing you can prove it), then they can't win on a libel argument. Er... sorry, I'm rambling on. Blame it on my law school background.... it's been a long work week.

 

[bundee1]

See if you can get an amp out of them or at the very least credit for your work.

 

[PinkFloyd]

It would have been courtesy if the manufacturer had asked your permission to recreate your review on their website or even to link to it from their website.

Gspaudio had the common courtesy to ask me if It was OK for them to link to my review on Head-Fi and also to my review on my own website and I was happy to say "go ahead" If they had just copied and pasted my review onto their website without permission I really wouldn't have cared less but it was nice of them to ask first.

As to the suggestion that you can claim damages etc. etc. "get real"

Mike.

 

[Febs]

Quote:

Originally Posted by Edwood While this is true, you can only fight for credit of the work, in other words, just for the right to say, "Yes, I made this."

Not true. Take a look at sections 501 through 506 of the United States Copyright Act: http://www.copyright.gov/title17/92chap5.html

Quote:

Other than that, the first thing an IP Lawyer will say, is "Did you register the Copyright?" If not, you won't have much of anything to fight with if you take it to court.

Again, not true. Read http://www.copyright.gov/circs/circ1.html#noc

 

[Jahn]

Quote:

Originally Posted by Ticky Pink color and law school.... why does this remind me of a horrible movie I was forced to watch while on a transcontinental flight.

You are probably thinking of Legally Blonde, which actually was a very cute movie. Didn't see Legally Blonde 2 tho

Anyhow, legal stance aside, the smoothest way to settle this is to just write an email to the manufacturer explaining that you'd like to see credit for your review, and maybe a blurb to head-fi as well, like "Bleeblop from Head-fi wrote this review of the XYZ amp:" which would help give credit to you and promote a site where the manufacturer obviously relies on for the word on the street. In fact, you can offer him your real name if you like as well. Who knows, you might get a reputation for good reviewing and get picked up by a reviewing site, like Recstar did from 6 Moons!

It's always best to extend the olive branch before bringing the legal hammer down!

 

[JiiEf]

Quote:

Originally Posted by Edwood Other than that, the first thing an IP Lawyer will say, is "Did you register the Copyright?" -Ed

The first thing an american copyright lawyer would say. No registration is required in most parts of the world. However, a European copyright lawyer would know of the American peculiarity, and mention it here...

I guess my point is that just because you know the local law, you shouldn't assume that it's the same way all over - even in a field of law as internationally harmonized as intellectual property law...

In this case, IMHO, you have the right to be credited for the review, but since you've released the review to the public free of charge, you don't have much chance of claiming monetary compensation. This from someone familiar with the European system, of course

/JF

 

[elmoe]

Quote:

Originally Posted by Jahn You are probably thinking of Legally Blonde, which actually was a very cute movie. Didn't see Legally Blonde 2 tho Anyhow, legal stance aside, the smoothest way to settle this is to just write an email to the manufacturer explaining that you'd like to see credit for your review, and maybe a blurb to head-fi as well, like "Bleeblop from Head-fi wrote this review of the XYZ amp:" which would help give credit to you and promote a site where the manufacturer obviously relies on for the word on the street. In fact, you can offer him your real name if you like as well. Who knows, you might get a reputation for good reviewing and get picked up by a reviewing site, like Recstar did from 6 Moons! It's always best to extend the olive branch before bringing the legal hammer down!

Sidenote, but personally I dont see what the fuss is about for 6 moon's reviews... I don't find them all that informative, and theyre usually not very well organized... They mostly sound like fairytales about audio equipment, which is not really what I'm expecting to read when wanting information on a unit I'd like to buy. In fact, I think most Head-Fi reviews are much simpler in terms of viewpoint clarity, get straight to the point and are usually pretty well organized (such as saint.panda's reviews).

Well this is a pointless post kind of, but I really don't understand why people like 6moon's reviews so much

 

[acs236]

Quote:

Originally Posted by Febs Not true. Take a look at sections 501 through 506 of the United States Copyright Act: http://www.copyright.gov/title17/92chap5.html Again, not true. Read http://www.copyright.gov/circs/circ1.html#noc

I believe registration is required to bring suit in a US court (for works originating in the US, which the review was -- I think -- because it was posted to a website in the US, but an argument could be made if the author resides outside the US) AND for statutory damages, which would almost certainly be the only sort of monetary damages available, considering that the review is posted on a freely accessible website.

So, as a technical matter, if the author wanted to sue (but why would he?), he could register tomorrow and sue, but he would not be able to get statutory damages.

Anyway -- he at least deserves credit for the review.