US only - swiped testimonials; from an attorney...

10 replies
Hi,

There was a thread last Saturday in which feedback was sought concerning
testimonials that were blatantly swiped/ripped-off from the Warrior's site.
Someone suggested the people who wrote the testimonials had copyrights,
and they should issue DMCA's rather than the site owner.

Here's the thread if you want the background on it:

http://www.warriorforum.com/main-int...dle-thief.html

I posted that I was unable to easily find any information about this. However
I did find an attorney in California who specializes in these matters. I sent him
an email asking about this situation, and he responded this morning.

I decided to make a new thread to provide the best exposure for the benefit
of US based members since it is applicable to US law, etc.

Mr Larry Zerner, of ZernerLaw.com, is based in Los Angeles California. He
specializes in copyright law, trademark law, entertainment law and intellectual
property litigation.

I do have his permission to reprint his email which is below:



Ken,

The people who wrote the testimonials would own the copyright to what they wrote, unless there was a written assignment. But Matt could have a claim of copyright to the “selection and arrangement” of the testimonials, which could provide the basis for the DMCA claim.

Besides having a claim for copyright infringement, the people who wrote those testimonials might also have a claim for violation of their right to publicity for using their name as an endorsement without permission. But Right of Publicity claims are state based claims so it might depend both on the state where they live and the state where the thief resides.

As for Matt, it might not be a bad idea to send the DMCA notice just to see if that gets it resolved quickly. If not, the suggestion that he prepare DMCA notices for those people whose testimonials were taken is pretty good. Nobody likes having their name associated with a scammer so he should get a fairly good response.


Larry Zerner

Hope that helps if the same situation arises in your business.

Thanks very much to Mr Zerner for taking the time to offer his legal advice.



Ken
#attorney #swiped #testimonials
  • Profile picture of the author sbucciarel
    Banned
    Sounds reasonable. It's something similar to the Warrior Forum. I was surprised to learn that each individual poster owned copyright to these posts rather than the Warrior Forum when another forum was ripping off WF posts.

    I would have done what the lawyer suggested. File the DMCA to see if they'd do a quick takedown. If they didn't, I'd prepare the DMCAs for the people who gave the testimonials.
    {{ DiscussionBoard.errors[3895548].message }}
    • Profile picture of the author KenThompson
      Originally Posted by sbucciarel View Post

      Sounds reasonable. It's something similar to the Warrior Forum. I was surprised to learn that each individual poster owned copyright to these posts rather than the Warrior Forum...

      Hey Suzanne,

      Yes, solid advice you can trust considering the source.

      I, too, was surprised about that re our posts in forums. That could
      also be useful to know if anyone uses posts by others in info products.
      As you know, there have been more than a few lengthy posts/threads
      containing valuable information.


      Ken
      {{ DiscussionBoard.errors[3896034].message }}
      • Originally Posted by KenThompson View Post

        That could also be useful to know if anyone uses posts by others in info products.

        As you know, there have been more than a few lengthy posts/threads
        containing valuable information.

        Ken
        There have been a number of times when I have seen actual products that were nothing more than posts on forums and newsgroups bound together. A lot of people set up forums strictly for their own research, learning (and sometimes even stealing) from the thoughts of others.
        {{ DiscussionBoard.errors[3898139].message }}
  • Profile picture of the author TracyNeedham
    I missed the original thread but thanks for posting this. That's interesting to know that the testimonial writer keeps the copyright although I guess it makes sense if you think about it. You'd be hard pressed to say the testimonial was "work for hire" since the testimonial writer didn't get anything in return. (Although maybe you could if they were given a review copy?)

    Anyway, yes, I bet most (if not all) of them would be happy to submit the DMCA letter if need be so it doesn't look like they're endorsing this scammer.
    Signature
    Get You (& Your Offline Customers!) More Sales, More Clients & More Money! 3 Easy Systems + the special secret sauce... TESTIMONIAL T.N.T.

    Discover Easy Tweaks to Get Visitors to Buy NOW
    It's all here in The Sales Supercharger!

    {{ DiscussionBoard.errors[3898121].message }}
  • Profile picture of the author Zanti
    Hey Ken,

    Thanks for taking your time to follow-up and post this. This information should prove to be valuable to many of us. It may be a good idea to post the link to the original thread so new readers will know the background.

    I love when one warrior takes their time to help so many others. It tells much about the person who walks their talk and does what they say they will do.

    Thanks again, Ken.

    With Honor and Respect,
    Brian
    Signature
    Brian Alexzander ~ Irie To The Highest - Respect
    "Irie"...the ultimate positive, powerful, pleasing, all encompassing quality/vibration


    A Candle Never Loses Any Of Its Own Light... By Lighting Another Candle

    {{ DiscussionBoard.errors[3898186].message }}
    • Profile picture of the author KenThompson
      Originally Posted by TracyNeedham View Post

      I missed the original thread but thanks for posting this.

      Anyway, yes, I bet most (if not all) of them would be happy to submit the DMCA letter if need be so it doesn't look like they're endorsing this scammer.
      Hi Tracy,

      You're welcome, of course!

      I certainly would submit one to get my photo and name off a site
      like that.


      Originally Posted by Zanti View Post

      Hey Ken,

      Thanks for taking your time to follow-up and post this. This information should prove to be valuable to many of us. It may be a good idea to post the link to the original thread so new readers will know the background.

      Thanks again, Ken.

      With Honor and Respect,
      Brian

      Hello Brian,

      You're welcome! And thanks for the suggestion to post the thread so
      people could get some background on it. Nice idea. I included Matt's
      original thread.

      Thank you...


      Ken
      {{ DiscussionBoard.errors[3898824].message }}
  • Profile picture of the author Alfred Shelver
    Ken, as someone that had two of my testimonials stolen from Matt I would just like to thank you for taking the time and finding that information. Wow stealing testimonials now that is lazy
    {{ DiscussionBoard.errors[3898880].message }}
  • Profile picture of the author theemperor
    So I own the copyright to this post... wow!
    Signature
    Learn to code faster, and remove the roadblocks. Get stuff done and shipped! PM me and I can help you with programming tutoring, specialising in Web and the following languages: Javascript ~ HTML ~ CSS ~ React ~ JQuery ~ Typescript ~ NodeJS ~ C#.
    {{ DiscussionBoard.errors[3898891].message }}

Trending Topics