Copying A Video Salesletter - Copyright Issues

9 replies
Hey folks

What if I copy the wording on someone else's video salesletter, but modify it to my niche?

Much of the audio will be the same, but a lot of it will also be different. Plus the video content will be completely different.

Would that be a copyright violation?
#copying #copyright #issues #salesletter #video
  • You might be best to seek legal advice from a litigation expert who specializes in copyright practices on that one cause it sounds a little ambiguous. It's one of those situations that could be completely fine, or could result in paying a fine...hahahha aaaahhh...see what i did there? (Don't worry, you don't have to laugh, I know it wasn't funny at all).

    Anyway, that's what I'd be doing to make sure I knew where the line is drawn.

    Good luck.
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    • Profile picture of the author Snow_Predator
      *grunts and shakes head* ... yes Brooke, an artful play on words. Or should I say, a fine play on words ^_^. Bravo.

      Anyway c'mon man, I'm not gona see a litigation expert on this, lol. I'm going to change the words around a little so I don't violate any of these vague intellectual property laws.

      Other thoughts on this would be most welcome.
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      • Profile picture of the author Jennie Heckel
        Hi Snow Predator,

        This is useful and worth your time to read closely for the future of your business depends on it.

        Copyright Infringement Penalties

        It is not just the copyright it is the "INTENT".

        You INTEND to COPY IT. Your mention of "vague intellectual property laws" can land you in jail or get a really stiff fine, not to mention get your hosting banned -- if you do NOT understand your liabilty. And can tarnish your reputation which is something you can NEVER get back!

        I am working with a client right now whose IN HOUSE DESIGNER copied a WELL-KNOWN Warrior's sales letter design, graphics and affiliate banners. (See below for more on how I know this to be true.)

        The client is a decent guy. He was NOT aware that the designer just ripped off the Warrior Member's site.

        The site that was ripped of is an extremely profitable site, (and if I mention the name EVERYONE would know who I am talking about.) This is a high producing sales letter that is extremely well known and made hundreds of thousands of dollars.

        (NOW REST ASSURED: ONCE I FOUND THIS OUT I IMMEDIATELY NOTIFIED THE CLIENT: I am going to do a redesign of this site next week because the client is really worried about this now. But the damage is already done -- the images are already indexed in Google and if the creator knew about it he could cause a problem for this client...)

        How did I find this out?

        I was asked to do some design changes to the sales letter I wrote for him. His IN HOUSE designer placed my copy inside his WP template. When I went into WP to make some small changes I discovered the stolen images. And then I dug deeper and found the affiliate banners were ripped off too.

        The designer was so dumb he left the file names and all the images with the ripped off site's name! In fact the banner and the affiliate images still had the original site's images under the new logo in the PSD files I had access to.

        Now when I notified the client of what the designer had done he was appalled!

        But to be honest -- as far as the courts are concerned...

        You could have ALL sales you made from this site forfeit to the original creator of this content --- ONCE HE FINDS OUT AND HAVE TO GIVE HIM ALL THE MONEY YOU'VE EARNED FROM IT, AND PAY FOR DAMAGES AND MAY EVEN GET JAIL TIME!)

        So is it worth it? Heck NO!

        Does this happen often? Yes!

        As a copywriter I am ripped off on occassion, (that I find out about it anyway...) but I usually add a "COPYSCAPE" image and tag my copy and designs so that I can find people who are stealing my work --- first, I send a NICE CEASE AND DESIST NOTE. Then if they don't comply they hear from my lawyer in small claims court. There are NO second chances.

        Even for the client that I am working with now that did NOT know what his designer did, he is STILL on the hook for this (he could get sued for this) as his name is on the final product and the images are already indexed in Google.

        So "INTENT" and 'INTEND" are a really "bad" words that can easily get you in trouble...

        My client did not "intend" to rip off this other site. But his designer did. Since he employed the designer and paid him for his work who do you think will get sued? The guy that holds the domain name that this site is published on that's who!

        (BTW the IN HOUSE designer quit last week, and that was all BEFORE my client knew about this last little problem...)

        Now think of it this way...

        If you had a super successful launch how would YOU feel is someone RIPPED your site, VIDEO SCRIPT or graphics off?

        That's what I thought...

        Now you CAN ETHICALLY SWIPE a sales letter or video script but it is the MANNER in how you swipe it. Which means you can make a work that has a similar theme or intro or ending but do NOT swipe the WHOLE thing and just change it to your niche.

        That is swiping it with INTENT TO STEAL IT AND PROFIT FROM IT.

        You would want TO COMBINE SEVERAL VIDEO SCRIPTS TOGETHER TO MAKE IT MORE UNIQUE.

        That would not be a blatant copy...

        Many copywriters use copy from the old master copywriters to write new copy.

        I use my video scripts from previous clients as the THEME OR outline on how I am going to write a new one. But I combine it with several of my video scripts to make it unique. That is what you need to do to be an ethical marketer and businessman.

        FIGURE IT THIS WAY... WHAT IS YOUR REPUTATION WORTH?

        Your business and your reputation are worth spending the money on to stay out of hot water aren't they?

        Hire a copywriter to rewrite the script you created so it is unique and will sell.

        Your reputation and any legal entaglements are not worth the risk.

        Good luck rewriting your video script!




        Copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act. There are three elements that must be in place in order for the infringement to occur.
        1. The copyright holder must have a valid copyright.
        2. The person who is allegedly infringing must have access to the copyrighted work.
        3. The duplication of the copyrighted work must be outside the exceptions.
        The legal penalties for copyright infringement are:
        1. Infringer pays the actual dollar amount of damages and profits.
        2. The law provides a range from $200 to $150,000 for each work infringed.
        3. Infringer pays for all attorneys fees and court costs.
        4. The Court can issue an injunction to stop the infringing acts.
        5. The Court can impound the illegal works.
        6. The infringer can go to jail.
        Copyright infringement is the act of violating any of a copyright owner’s exclusive rights granted by the federal Copyright Act. There are three elements that must be in place in order for the infringement to occur.
        1. The copyright holder must have a valid copyright.
        2. The person who is allegedly infringing must have access to the copyrighted work.
        3. The duplication of the copyrighted work must be outside the exceptions.
        The legal penalties for copyright infringement are:
        1. Infringer pays the actual dollar amount of damages and profits.
        2. The law provides a range from $200 to $150,000 for each work infringed.
        3. Infringer pays for all attorneys fees and court costs.
        4. The Court can issue an injunction to stop the infringing acts.
        5. The Court can impound the illegal works.
        6. The infringer can go to jail.
        Signature
        ******* WSO & JV ZOO COPYWRITER -- VLS & SALES LETTERS PROVEN TO CONVERT ******* Get Higher Profits From Launches That SELL! Proven Copywriter with 17 Years of Copywriting Experience. Contact Me Via Skype: seoexpertconsulting Copywriting Website: http://www.VideoScriptCopywriter.com

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        • Profile picture of the author loi77
          (MOD EDIT: Please don't quote an entire post just to drop a "thank you" one-liner)

          Great advice.

          Thank you!
          Signature

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          • Profile picture of the author angiecolee
            I'm glad Jennie could show you the light of day.

            A few months ago, I found out my stuff had been stolen by someone else - and that's exactly what it is, THEFT. I put my time, effort, brainpower, research, writing and editing skills, electricity, computer I purchased, software I own, and various other things that cost TIME and MONEY into creating that work. I think that's the crucial mistake most people make in assuming content isn't worth much - they don't consider the back-end costs of creating content, which are intangibles like time and research.

            I'm gonna be blunt here - if I caught you stealing from me, I'd come after you with everything I have and then some. I can get very righteously indignant when wronged, and stealing from me to benefit yourself just because you want to take a shortcut is just plain wrong.

            Of course I use myself and you as figurative examples, but it's something for you to consider - the creator's perspective.

            That guy who stole my content? I went after him with DMCA as Rick suggested. He was warned by both the sites he used to post the content (third party sites like FB and a blog) and by his ISP. Within 12 hours, my content was removed.

            What copywriters and photographers and the like do is valuable, and you acknowledge that just by stating that you want to create a VSL. It's a valuable tool. Pay someone to create value for you or create the value yourself. Thieves only get so far in business.
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            Aspiring copywriters: if you need 1:1 advice from an experienced copy chief, head over to my Phone a Friend page.

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  • Profile picture of the author Johnny12345
    Originally Posted by Snow_Predator View Post

    What if I copy the wording on someone else's video salesletter, but modify it to my niche?

    If you do that, two things will probably happen:

    1) You'll end up with a second-rate video sales letter.

    If you try to force-fit another product's sales copy to fit your product, you're likely to end up with sub-standard copy. In simple terms... trying to force a square peg into a round hole is a flawed strategy.

    2) You'll probably get sued... and lose.

    Your best bet is to have a new sales script written SPECIFICALLY for your product. You'll end up with better copy... without a lot of pesky (and expensive) legal fees.

    John
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  • Profile picture of the author Snow_Predator
    Thanks Jennie. You're right, it's best to take the ethical approach. I'll use this other guy's video for ideas and make my own.
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  • Profile picture of the author RickDuris
    Great post, Jennie.

    We used to send cease and desist letters initially. Often ignored first time around. Plus a time suck as well as expensive.

    How to Send a DMCA Takedown Notice | Black Star Rising

    I'm restating here because this is a very useful legal tool.

    Copyright infringement on the Web is so pervasive that it’s easy to resign yourself to it as a fact of life — something out of your control. When photographers send cease-and-desist letters and/or demands for payment to infringers, these are often ignored, which can be very frustrating.

    But there is another solution, thanks to the Digital Millennium Copyright Act (DMCA): you can send a takedown notice to the infringer’s ISP. Here’s how to do it.

    DMCA Requirements

    The DMCA states that while an ISP is not liable for transmitting information that may infringe a copyright, the ISP must remove materials from users’ Web sites that appear to constitute copyright infringement after it receives proper notice.

    If you find a Web site that is using one of your images without permission, contact the hosting ISP to report the infringement. The letter you send is called a “DMCA takedown notice.” The ISP is required to make its agent’s name and address available so that you can send them notification.

    Your copyright does not have to be registered with the U.S. Copyright Office for you to take advantage of this DMCA provision.

    You can find the infringing Web site’s hosting ISP through a “who is” search at sites like Domain Tools or Whois.net. When you notify the ISP of infringement, your letter must meet certain requirements. Specifically, your notification must:

    • Be in writing;
    • Be signed by the copyright owner or agent; your electronic signature is OK;
    • Identify the copyrighted work that you claim has been infringed (or a list of infringements from the same site);
    • Identify the material that is infringing your work;
    • Include your contact info;
    • State that you are complaining in “good faith;”
    • State that, “under penalty of perjury, that the information contained in the notification is accurate;” and

    • State that you have the right to proceed (because you are the copyright owner or the owner’s agent).

    A Sample Takedown Notice

    Send a letter like the following to make your claim:

    VIA Email at ISPHosting[at]isp.com

    Re: Copyright Claim

    To the ISP Hosting Company:

    I am the copyright owner of the photographs being infringed at:

    Vivid Wildlife Photography by Carolyn E. Wright

    Vivid Wildlife Photography by Carolyn E. Wright

    Copies of the photographs being infringed are included to assist with their removal from the infringing Web sites.

    This letter is official notification under the provisions of Section 512(c) of the Digital Millennium Copyright Act (“DMCA”) to effect removal of the above-reported infringements. I request that you immediately issue a cancellation message as specified in RFC 1036 for the specified postings and prevent the infringer, who is identified by its Web address, from posting the infringing photographs to your servers in the future. Please be advised that law requires you, as a service provider, to “expeditiously remove or disable access to” the infringing photographs upon receiving this notice. Noncompliance may result in a loss of immunity for liability under the DMCA.

    I have a good faith belief that use of the material in the manner complained of here is not authorized by me, the copyright holder, or the law. The information provided here is accurate to the best of my knowledge. I swear under penalty of perjury that I am the copyright holder.

    Please send me at the address noted below a prompt response indicating the actions you have taken to resolve this matter.

    Sincerely,

    /s/ Carolyn E. Wright
    Email: carolyn@photoattorney.com


    Obviously this can be adjusted for copywriting.

    - Rick Duris
    Signature
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  • Profile picture of the author Ken Hoffman
    If you copy the structure of the words that is swiping. If you copy the words that's stealing. If you copy the ideas, but put them in your own words that's cool.
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