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Topic: Complaint to Doubeclick over Copyright Violation?
| Author | Message |
| Desu | Posted – 9/21/2006 6:07:53 PM | show profile A website called Evote (web.evote.com) is using about $15,000 worth of work by me and a couple of other writers without having paid for it. Threatening e-mails to the site's owner, Vincent Garofalo, have so far done nothing, and after having talked to a lawyer, it looks like taking the guy to court would be expensive and time-consuming, and thus not doable until sometime next year. I've already gotten Writers Weekly to post a complaint, too, still to no avail. Should I try complaining to Doubleclick, which runs the ads on the site? If so, how should I go about it? Anyone tried this before? Thanks. |
| JeanMarie | Posted – 9/21/2006 8:09:22 PM | show profile | email poster Two things... Report the complaint to Doubleclick (most ISP or hosting sites have contact information for just such a thing.) Can you get the guy on the phone? That would be my next step. |
| Desu | Posted – 9/21/2006 9:12:59 PM | show profile I'm definitely going to complain to Doubleclick. I can't find the fellow's phone number, though, and his company isn't registered where it should be. |
| basenji | Posted – 9/21/2006 11:07:38 PM | show profile | email poster Don't know if this is a help or not You didn't mention where this guy is supposedly located, but a search on WhitePages.com turned up a few people by that name .... Here's the site: http://www.whitepages.com If you have any other information about him, it might be easier to track him down ... |
| basenji | Posted – 9/21/2006 11:30:03 PM | show profile | email poster Here's some leads .... maybe? Noticed on the WritersWeekly.com thread that MA, OH, FL, and AZ are listed as states where evote.com apparently has some business addresses. Based on that info., I wonder whether any of the below numbers/addresses are valid: Garofalo, Vincent 27 Linwood Ave Melrose, MA 02176-5405 (781) 665-6218 Garofalo, Vincent & Frances 115 Broadmoor Ln Rotonda West, FL 33947-1931 (941) 697-2748 Garofalo, Janet & Vincent 5970 SW 98th Street Rd Ocala, FL 34476-3668 (352) 873-4602 |
| Thabit | Posted – 9/22/2006 9:25:20 AM | show profile try a google DMCA complaint A site stole some of my stuff and I filed a DMCA complaint with google. It's free and scared the bejesus out of the site owner who took the material off immediately -- he had previously been rude to the point of saying "oh yeah, MAKE me." http://www.google.com/dmca.html Just file as per instructions and see what happens, my ordeal was over in about a month. |
| Lotus665 | Posted – 9/22/2006 1:14:17 PM | show profile Fight for your rights!!! Find a new lawyer. If it's an open and shut case and it involves a huge amount of money like that, it is worth some lawyer's fees, which may even be tax deductible as a business expense. A good and fair lawyer will handle it now, not next year, for a few hundred bucks by writing you a formal complaint letter signed by him or her, stating the law the person seems to be violating and threatening suit. That often works in getting people to pay up: it scares them by showing them you are serious. Even if it has to go to court that should not break the bank and you may even be awarded damages. $15K is a signifcant amount and definitely worth fighting for. By the way I'm glad you outed the deadbeat. |
| Desu | Posted – 9/23/2006 6:22:39 PM | show profile Thanks to all for the advice. I know Garofalo was living in Massachusetts between one and two years ago, and I've tried to locate him more exactly since then but haven't been able to; I think I called that Linwood address but it wasn't him. The lawyer I talked to was willing to pursue it immediately, but explained that things would be difficult since the company doesn't appear to be registered in that state. I'm unusually broke at the moment, so even a couple hundred dollars wouldn't be doable for me right now. I'll contact DoubleClick and have one of the other writers do the same, and I'll see about filing the digital complaint with Google, too. Thanks again. |
| eriksherman | Posted – 9/24/2006 9:51:14 AM | show profile | email poster >> If it's an open and shut case and it involves a huge amount of money like that, it is worth some lawyer's fees, which may even be tax deductible as a business expense. << Even when a copyright case is "open and shut," it's not open and shut. You're talking about a case in federal court that could easily eat up the "$15,000 worth of work," and that assumes that a court would agree. First question is whether any of the writers registered their copyrights (assuming they're all US citizens). If not, as many don't, then they can't even bring suit. if the register after the infringement, they can then sue, but only for the actual profits of the company - and it can argue for all sorts of "expenses" that can reduce the expected money. Also, the writers would have to show the revenues in the first place and they wouldn't be able to ask for reimbursement of legal expenses. Using the Digital Millenium Copyright Act, as someone else suggested, will be the most effective way of getting the material off the site. But register now. That way, if it comes down and the site posts the material again, it would be a fresh infringement (at least, that's what I think, but I'm not a lawyer and this isn't legal advice), and they could then seek statutory damages, which could get them in the range of what they wanted, and go for legal fees as well. Again, that assumes that the work wasn't registered with the U.S. Copyright Office. ------ Erik Sherman is a writer, photographer, and book author. He also teaches courses on the business of freelance writing. His web sites are www.eriksherman.com and www.erikshermanphoto.com. |
| Lotus665 | Posted – 9/24/2006 7:51:54 PM | show profile Why would it have to go to federal court if the issue is nonpayment for contracted work? Or am I misunderstanding, is this "just" a copyright infringement of previously published work? I still think lawyer's fees for trying to get people who de facto owe you money to pay you for work you did for them may be tax deductible?? |
| JeanMarie | Posted – 9/24/2006 10:45:15 PM | show profile Going the copyright route can be messy. Why not just bill the guy for the usage? Then if he doesn't either take the stuff down or pay, you have recourse in small claims. Has worked for some. |
| skirklan | Posted – 9/26/2006 12:00:07 PM | show profile | email poster Make it short & sweet Depending on where you live, it might be worth your while to handle it yourself. Between the three of you, it will be easier. If none of the previous solutions work, take him to small claims court. The clerk of court will help you fill out the papers, instruct you on the rules. Maximum awards vary ($7,500 SF,CA $10,000 HOUSTON) as do fees (usually under $100). One writer in SF succeeded in suing somebody in small claims court who used material from his website in a book; you may have read about it here on MBToolbox: Donat vs Van Buskirk. Read about it here: http://www.ebar.com/news/article.php?sec=news&article=904 Make sure any contact with Doubleclick isn't tortious interference; you have no right to get between Garofalo and his clients or partners. The law views this as interference in a business relationship--don't cut your own throat just to trip him. The good thing about small claims court is if the other side shows up with attorneys in tow, the judge will quietly step in as your advocate within limits to balance things out--perhaps asking questions to help you make your points. As a writer, you have an automatic authorship copyright. You don't have to do anything to realize protection under the law. Good luck. ------ Susan Kirkland author of Start and Run a Creative Services Business--2 FREE POD cartoons for a giggle at www.sdkirkland.com |
