if you caught someone selling your product including resell rights.......

12 years ago

You could...

1. Contact the hosting and see if they can get in contact with the person and ask them to remove the reselling rights, etc...

2. Do a DMCA take down notice.

3. Try contacting them yourself and saying your in violation of the license agreement.

There are most likely more things, but that should answer your question.

Mark

Thanks
1 reply

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Tadresources

12 years ago

Originally Posted by Nickolie0990

You could...

1. Contact the hosting and see if they can get in contact with the person and ask them to remove the reselling rights, etc...

2. Do a DMCA take down notice.

3. Try contacting them yourself and saying your in violation of the license agreement.

There are most likely more things, but that should answer your question.

Mark

This is all excellent advice. Unfortunately unless you are in a position to, and willing to take serious action you might not get anywhere even if you do everything right.

Thanks

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agkfl

12 years ago

Originally Posted by raylee1

if you caught someone selling your product including resell rights, apart from asking him to take it down,who would you complain too.

its not happened yet but im setting up my first dvd product soon and just want to get all the answers to any scenarios that may crop up.
im selling it with resell rights but the customer wont be able to sell it to someone with the resell rights, so im wondering what do you do to stop him.

Nobody to complain to per say,

All you can do is sue INTELECTUAL PROPERTY damages. You will need to collect any and all violations you can find on that specific party selling your product. The hardest part is, it can be ANYONE who might steal it and they could be anywhere in the world. If they are not in the USA, Canada, UK, or any "play nice" country, you possibly can be SOL finding them, or serving them papers to have them summoned. If able to get somethign copyright, trade marked you have a better chance having the trial within your jurastiction.

You could...

1. Contact the hosting and see if they can get in contact with the person and ask them to remove the reselling rights, etc...

2. Do a DMCA take down notice.

3. Try contacting them yourself and saying your in violation of the license agreement.

There are most likely more things, but that should answer your question.

Mark

Also good ideas above

Thanks

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yaheem

12 years ago

Welcome to the party Raylee :-)

Add to Mark's post above the domain registrer (it's easier to find out about).

Are you offering the resale rights as an OTO or this is the front end of your funnel?

Thanks
1 reply

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Big Rob

12 years ago

That Sucks out loud!

Did you do the standard:

This is NOT a free book and you cannot sell or give it away to others without my express permission.
All Rights Reserved.
Unauthorized duplication or distribution of this material in any form is strictly prohibited. Violators will be prosecuted to the fullest extent of the law.
No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the author/publisher.

or the:

[no] you have resale rights
[no] you have permission to resell

Etc......(forget the rest,brainfart,sorry:confused

Thanks
1 reply

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raylee1

12 years ago

Originally Posted by Big Rob

That Sucks out loud!

Did you do the standard:

This is NOT a free book and you cannot sell or give it away to others without my express permission.
All Rights Reserved.
Unauthorized duplication or distribution of this material in any form is strictly prohibited. Violators will be prosecuted to the fullest extent of the law.
No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission from the author/publisher.

or the:

[no] you have resale rights
[no] you have permission to resell

Etc......(forget the rest,brainfart,sorry:confused

sorry but if you read it right,the products not ready yet i was just looking at problems that may occur in future, i will be putting all this info + more on the licence
[no] you have resale rights
[no] you have permission to resell

but its a trust issue as i got conned once in the past, its in the back of my mind as it hurt.
as for sole ownership of the dvd agkfl i am going into partnership with the fitness instructor,as she is into all different kind of fitness niches and we have got allsorts of ideas to create a great product once a month.
i'm lucky enough to be able to film,edit,design graphics and deal with other parts and this will keep production costs down,so this is a good partnership as i wont have to hire people to do it, and she is local.

Thanks
1 reply

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agkfl

12 years ago

Originally Posted by raylee1

sorry but if you read it right,the products not ready yet i was just looking at problems that may occur in future, i will be putting all this info + more on the licence
[no] you have resale rights
[no] you have permission to resell

but its a trust issue as i got conned once in the past, its in the back of my mind as it hurt.
as for sole ownership of the dvd agkfl i am going into partnership with the fitness instructor,as she is into all different kind of fitness niches and we have got allsorts of ideas to create a great product once a month.
i'm lucky enough to be able to film,edit,design graphics and deal with other parts and this will keep production costs down,so this is a good partnership as i wont have to hire people to do it, and she is local.

All said and done, you may trust her, or consider her your business partner. But you still need to sign that you equally own her image, voice, video (and anything else , forum posts, customers, fans) on an equal basis on xx,xxx,xxxx, video you create with her image. By default in court she owns her image unless specified in a release for said product you are selling.

Ive gone through this in a image/intelectual property dispute with a adult model with an agency. She owns the property unless a release is written to be shared 50/50, 25/75 depending on the amendments.. To keep HER image and YOU safe, you need to sign a individual release, and also have it stated in your contract wth her as the Talent portion of the business.

Your business "minuts" , and ownership of intelectual property fall under 2 different areas in the law. Your business contract will not be able to cover this in court if something is released to the internet that was never intended, and she could seek damages or royalty beyond your business agreement.

Thanks
1 reply

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Big Rob

12 years ago

Originally Posted by agkfl

All said and done, you may trust her, or consider her your business partner. But you still need to sign that you equally own her image, voice, video (and anything else , forum posts, customers, fans) on an equal basis on xx,xxx,xxxx, video you create with her image. By default in court she owns her image unless specified in a release for said product you are selling.

Ive gone through this in a image/intelectual property dispute with a adult model with an agency. She owns the property unless a release is written to be shared 50/50, 25/75 depending on the amendments.. To keep HER image and YOU safe, you need to sign a individual release, and also have it stated in your contract wth her as the Talent portion of the business.

Your business "minuts" , and ownership of intelectual property fall under 2 different areas in the law. Your business contract will not be able to cover this in court if something is released to the internet that was never intended, and she could seek damages or royalty beyond your business agreement.

This would be best reviewed by counsel.

Would one of the Seniors put up the bat signal for Kindsvater?

Thanks
1 reply

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Kay King 12 years ago

Every situation is different and your response will be based on what happens - if it happens.

I don't agree with those who say contact host/payment/whatever before first contacting the PERSON doing the selling. Sometimes it's a misunderstanding or a newbie who doesn't know the basics (or someone who believes you won't notice what he's doing) - so I would always contact the person first.

It leaves the wrongful seller with an "out" of "I didn't know" or "I was wrong" instead of attacking full on and creating an enemy. You may know he's lying but if the results are what you want...so what?

On the other hand, his response or lack of response can let you know how hard you need to slap him down.:p
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raylee1

12 years ago

hi,thanks for your advice, the dvd will be the main product,i had a meeting with a local instructor yesterday to finalise a few things and come up with a schedule for the dvd, running time and extras etc. this will be the higher price product with resell rights, were coming up with an ebook as a hook to get to dvd.

Thanks

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Alex Guzman

12 years ago

If someone is selling your product that you worked hard to create then you can send them a DCMA Take Down Notice and also contact their hosting account to get them to take care of the situation for you. I subscribe to something called legal shield which works great to send cease and desist notice directly to their business address on file. They are violating your Intellectual Property and you can definitely take legal action against this. Furthermore of they have a facebook account and a youtube account and it is associated with the fraudulent sale they are making, you can also send notices to FB and youtube, they take this seriously.

Hope this helped.

Alex

Thanks

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agkfl

12 years ago

PLEASE,

Also make sure everyone in the video signs to give you the property release and rights to be the owner of the material shot of them. The moneis amount can be a dollar, to signify the trade of ownership.

This will help getting screwed by a totaly different angle if you make allot of profit and someone decides they want a cut of the Pie.

Thanks

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if you caught someone selling your product including resell rights.......

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