Website Content Dispute - Small Business Copyright?

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Sanjeev Sharma

Active Member
5 July 2014
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0
31
I have a small business and I have some content on my website which we recently developed. Another company is claiming that we have stolen content from their website which we clearly did not. Its a colour selector program which lot of companies use worldwide. I am not sure what should be my next step as this is putting me under lot of stress.
 

John R

Well-Known Member
14 April 2014
689
173
2,394
Sydney
Hi Sanjeev,
  1. Has the company and/or their lawyers formally communicated (that is, sent you a letter or similar) that clearly sets out what they believe you have stolen/infringed?
  2. Have you confirmed that the "colour selector program" is appropriately licensed to you?
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,574
693
2,894
Sydney
  1. I agree with John R above.

  2. Unless you wrote it yourself, or unless it's in the public domain
    (which is different to just being in the wild on the net),
    then there will probably be a copyright holder somewhere.
    And you will need their consent to use it.
    You may have to pay for that.

  3. The fact that "everybody uses it", or that you are one of many
    who use it in breach of copyright on it, doesn't change anything.
 

Sanjeev Sharma

Active Member
5 July 2014
6
0
31
Hi John,
Yes the company has communicated to me and asked me to remove the colour selector program. The material is developed by my developer to show customer how a roller shutter would look like and they can change the colours. Just as car companies show how the car exterior would look like in different colours. The idea is basically the same to provide customer with a tool to change colours of the shutters. If one roller shutter company has implemented it, does it mean that no other company can have this idea on the internet as it looks completely different.
 

John R

Well-Known Member
14 April 2014
689
173
2,394
Sydney
Hi Sanjeev,
Why did they ask you to remove the colour selector program - For example, is the source code similar?
 

winston wolf

Well-Known Member
21 April 2014
421
115
894
Adelaide
changefpa.com.au
Have they quoted a patent number etc?
I would say if they dont have a patent and the code or method (ie flash v java) is different of obvious they are trying it on.
What does your developer say? Did they demonstrate the code difference?
 

Sanjeev Sharma

Active Member
5 July 2014
6
0
31
My developer says that he has created original work and have not copied paste anything though the idea is similar.
 

Tim W

Lawyer
LawTap Verified
28 April 2014
3,574
693
2,894
Sydney
  1. Software accrues copyright (because code is a"literary work").
    By contrast, the device it runs on can be patented.

  2. It's up to the guy who thinks he has a problem
    (called a "plaintiff", or in the Copyright Tribunal, an "applicant")
    to prove that a work is "infringing" on their copyright.
    His mere opinion is not enough. No matter how foot-stampy he gets.

  3. When you say "Another company is claiming that we have stolen content from their website", what are they actually doing ?
    For example, have they written to you? Rung you? Sent you an abusive email?
    Got on Facebnook and sprayed allegations around?

  4. One other thing - if your developer claims to have not infringed,
    are you personally tech-literate enough to know?