More Scammers Using Bogus Copyright Infringement Accusations To Get Their Way
from the it's-just-too-easy dept
Last Friday, we noted that scammers were picking up the success the entertainment industry was having with "pre-settlement" letters to accused file sharers, and using a similar tactic with phone calls, demanding money to avoid getting sued. We noted that it was only a matter of time until those scammers moved to email as well -- and, of course, it's already happened. TorrentFreak is reporting on how scammers are sending threatening letters pretending to be from MediaDefender, one of the firms who provides questionable evidence to the recording industry for its lawsuits. These emails include an attachment, which the email says is more data on what the recipient is accused of sharing on various sites -- but which is actually a virus. So it's not quite to the level of extorting money directly yet -- but that's likely only a matter of time, if it's not happening already.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Filed Under: copyright, infringement, pre-settlement letters, scammers, viruses
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Please send your payment now
Thanks. Don't make us go nuclear on your a$$.
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slightly offtopic - Designers' Portfolio Rights and copyright infringement
I am a designer for a design firm that maintains a portfolio of work. This portfolio of work includes examples of work for past clients. All clients we sign a contract with are notified of this and none have ever had a problem with their project ending up in our portfolio. We even offer as a service to NOT include work in the portfolio at steeply increased cost as agreeing to that hurts our company's ability to get further work based on our entire portfolio. No one has ever paid for or requested that service.
I recently received a DMCA take down notice from the lawyer of a client (Client A) of one of our clients (Client B). Client A feels that the 4 conceptual 3D interior renderings we made for Client B and posted in our online portfolio violates their copyright and privacy. Client B delivered our work to Client A. Client B knew of our inclusion of all work performed in our portfolio. Client B states they never had an exclusion agreement with Client A.
As a company we maintain that we have explicit right to show our work for the purposes of acquiring more work from other clients. My question to the Community is, am I violating this person's copyright if I accurately maintain my portfolio of past work?
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Re: slightly offtopic - Designers' Portfolio Rights and copyright infringement
you made it, you own the copyright. unless you signed something saying you give the rights to client B. in which case Client B needs to talk to you, not Client A because there is no way Client A would have the rights unless you sold them to Client B who then turned around and sold them to Client A.
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Reply to 5-OT
Why don't you pull down those drawings until you have a better understanding of your legal liabilities in this matter?
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Re: Reply to 5-OT
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Copyrighted info...
The right to display your work remains with you unless explicitedly granted.
You want to talk to a lawyer regardless, because there are always loopholes.
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Re: Michael R
Even if you are sued via a loophole in the law, you never gave company B the right to sell Exclusive Rights to Company A. You can turn back on Company B for any losses they incur (but you may or may not win....) (I know, turning on your own clients feels kind of dirty?)
Company B is in violation of copyright because they did not originally have permission to sell Exclusive Rights to your work (if you worded your contract with Company B properly). Even if they did so unintentionally due to improper wording in their own sales contracts with Company A.
Before selling the product to Company A, Company B should have requested via written permission, or by contract, all rights to the 'product', in order to be able to transfer them to Company A.
I would certainly pull the graphics/renderings temporarily until the matter is resolved, but clearly state(if you are) that this will be temporary until the matter is resolved and that in doing so, you are in no way recognizing their Exclusive Rights to that content.
If the specific job being in your portfolio is that critical then pursue it, otherwise don't waste your money based on 'moral and ethical' reasons unless you have lots to spare.
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