Ask a Lawyer
Ask a Question

Posted Dec 15th, 2011
Is it legal for someone to publish a book that includes portions of my original website content? If
not, what is my legal recourse?

Additional Details:
The book''s author did not ask for permission to use my content. I discovered this copyright
infringement as I was browsing through cycling books and found one that included my online trail
reviews, word-for-word. My website content includes a copyright symbol and year on each page but
copyright is not registered. Thank you for any assistance you can provide.
Legal Topic Area: Intellectual Property in OH

I agree that you have a potential cause of action for copyright infringement. You have a copyright to your original expression on your website and copying your website certainly raises the prospect of copyright infringement. There are defenses to copyright infringement including what is known as the "fair use" defense.


In order to pursue a copyright infringement case it is necessary to obtain a certificate of registration from the US Copyright Office. Filing an application for registration can be done through the Copyright Office website at www.copyright.gov. The website provides instructions on how to file an application for copyright registration. Many people are able to do this without the aid of an attorney.


If after receiving a copyright registration you want to pursue an action against the alleged infringer the lawsuit must be filed in federal court. It is highly recommended that you obtain the assistance of an attorney to evaluate your potential case and, if appropriate, file a copyright infringement case. It is important to bear in mind that there is a three year statute of limitations for bringing a copyright infringement case. You should also consider working towards an amicable resolution with the alleged infringer rather than filing a lawsuit.


Regards,


Dean Amburn
Howard & Howard
www.h2law.com


Answered on Dec 16th, 2011 at 3:16pm