Copying A Video Salesletter - Copyright Issues

by 9 replies
12
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?
#copywriting #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.
    • [1] reply
    • *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.
      • [1] reply

  • 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
    • [ 1 ] Thanks
  • 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.
  • 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
    • [ 2 ] Thanks
  • 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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