Hi there, I have just joined this forum in the hope of getting some advice on a problem that I have with a couple of my designs....I think that they have been ripped of by big brother 9 for the dairy room door and the stair well. My problem is i have no idea what I should do about this as I am very unhappy that they did not ask me before using them. Obviously they are not direct rip offs but have been altered slightly but the fact that I can identify two designs in the same area of the new set makes me very suspicious the first one is called black hole and the second is 2012 I did these designs well before this years series started, can anyone offer any advice please? many thanks in advance Jake Howard
Not a Lot, Usually
First off, I am sorry for the delay in responding. I have been in the UK this past week and beyond all contact. So I'm just now getting caught up on things such as forum posts and email. My sincere apologies for how long this has gone unanswered.
The question is a difficult one. Without seeing the "infringing" item, it is very hard for me to make any kind of judgment. In the U.S., for example, whether or not a new work is a derivative of a previous one, and thus an infringement, is based upon what is known as an "ordinary observer" test, where someone not involved in either work determines the likelihood that the latter is based upon the new.
In addition to that, you would have to show that they were aware of your original work and that the new work was based upon upon, something that is very difficult to do.
To be completely honest, a lot of cases dealing with derivative works are brought up and are dismissed quickly. The reason is that the threshold is typically set pretty high in these cases and the number of legitimate lawsuits compared to merit less ones are very low.
If the images used in the show are not either direct copies or very clear derivatives, there probably is not much that can be done, especially considering the nature of the opponent.
Worse still, the network might not be at fault. They might have gotten the rights to the posters from a third party who, in turn, could have infringed you. If that's the case, you could be sent down a legal maze to locate someone who is unable to pay.
If you still think that your case is strong enough and would like to move forward, I can see about putting you in touch with some attorneys. Otherwise, it is likely best to drop it.
It is frustrating, but it is something that happens very often.
Please let me know if and how I can help further.
Jonathan Bailey - plagiarismtoday.com
Post new comment