ok to copy packages?

[Kydahl]

my husband & I own a wedding dj & photography company.
Recently we added a photobooth & my husband decided to copy & paste the packages from another local photobooth company. Now I didn't know that he did the whole copy/paste verbatim thing or I wouldn't have published it on our website. Needless to say the company who he took the packages from posted that we stole "a bunch of his stuff" on all the local Facebook groups, sent us a handful of nasty messages & claims he plans to press charges even after we immediately removed the posting from our site & kissed butt.
I guess what I'm asking is, while I know it's understandably frowned upon is it really "illegal" to copy another companies package arrangements?

I for one am guilty of taking a few phrases from other photographers when writing out my contract (although still rewording most things) is that still considered copyright infringement?

 

[tirediron]

The short answer is, "probably maybe". In general (copyright law varies by nation) anything that someone has written is just as much a creation as their photographs, so taking it word for word as a 'copy & paste' would definitely be a copyright violation in most western countries.

 

[Designer]

.. is it really "illegal" to copy another companies package arrangements?

Civilly, the owner of the copyrighted material does have a case against you.

(edit) deleted part about a threshold

 

[waday]

What is he claiming for damages?

 

[KmH]

There is no $$$$ amount threshold to constitute criminal copyright infringement as opposed to civil copyright infringement;

http://copyright.gov/title17/92chap5.pdf
§506 · Criminal offenses
(a) Criminal Infringement.—

(1) In general.—Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed—

(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.​

(2) Evidence.—For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.
(3) Definition.—In this subsection, the term “work being prepared for commercial distribution” means—

(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution—

(i) the copyright owner has a reasonable expectation of commercial distribution; and

(ii) the copies or phonorecords of the work have not been commercially distributed; or​

(B) a motion picture, if, at the time of unauthorized distribution, the motion picture—

(i) has been made available for viewing in a motion picture exhibition facility; and
(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.​

(b) Forfeiture, Destruction, and Restitution.—Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323 of title 18, to the extent provided in that section, in addition to any other similar remedies provided by law.
(c) Fraudulent Copyright Notice.—Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.
(d) Fraudulent Removal of Copyright Notice.—Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.
(e) False Representation.—Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.
(f) Rights of Attribution and Integrity.—Nothing in this section applies to infringement of the rights conferred by section 106A(a).​

​

 

[robbins.photo]

my husband & I own a wedding dj & photography company.
Recently we added a photobooth & my husband decided to copy & paste the packages from another local photobooth company. Now I didn't know that he did the whole copy/paste verbatim thing or I wouldn't have published it on our website. Needless to say the company who he took the packages from posted that we stole "a bunch of his stuff" on all the local Facebook groups, sent us a handful of nasty messages & claims he plans to press charges even after we immediately removed the posting from our site & kissed butt.
I guess what I'm asking is, while I know it's understandably frowned upon is it really "illegal" to copy another companies package arrangements?

I for one am guilty of taking a few phrases from other photographers when writing out my contract (although still rewording most things) is that still considered copyright infringement?

Pressing charges? Is there a law in your local area that prevents the use of the Ctrl-C button?

This would be at best a civil matter - one in which he would have to sue you and then you would have to respond. I doubt it would go very far as a civil case, and odds are good once he finds out that he'd have to hire a lawyer and what that would cost in the end it will just end ups as blustering that leads to nothing.

If at some point your contacted by his attorney, then get an attorney of your own.

Caveat, if you are in a country other than the US - couldn't hurt to contact an attorney of your own just to be on the safe side. Laws in other countries do vary.

 

[Kydahl]

What is he claiming for damages?

He hasn't gotten into those details yet, supposedly he is "contacting his lawyer" today & will "get back to us."
I only half believe he will go through with it since his responses sounded so unprofessional. (Lots of profanity was used lol)

 

[KmH]

If this situation is in the US (no location info in the OP's profile) the copyright owner doesn't have to claim any damages.
US copyright allows for 'statutory' damages - up to a maximum of $150,000 per infringement.

If the copyright owner did not document the infringement he has little legal traction to make financial compensation demands.

Help I ve Been Infringed Photo Attorney
The Fuss About Fair Use Photo Attorney
This does not apply to just photographs - http://www.photoattorney.com/wp-content/uploads/2013/02/Excuses-excuses.pdf

 

[Designer]

I only half believe he will go through with it since his responses sounded so unprofessional. (Lots of profanity was used lol)

It wouldn't be prudent for you to make guesses like that based on his "unprofessionalism".

 

[Kydahl]

If this situation is in the US (no location info in the OP's profile) the copyright owner doesn't have to claim any damages.
US copyright allows for 'statutory' damages - up to a maximum of $150,000 per infringement.

If the copyright owner did not document the infringement he has little legal traction to make financial compensation demands.

Help I ve Been Infringed Photo Attorney
The Fuss About Fair Use Photo Attorney
This does not apply to just photographs - http://www.photoattorney.com/wp-content/uploads/2013/02/Excuses-excuses.pdf

Thank you so much for all of those very helpful articles!

 

[waday]

If this situation is in the US (no location info in the OP's profile) the copyright owner doesn't have to claim any damages.
US copyright allows for 'statutory' damages - up to a maximum of $150,000 per infringement.

If the copyright owner did not document the infringement he has little legal traction to make financial compensation demands.

Help I ve Been Infringed Photo Attorney
The Fuss About Fair Use Photo Attorney
This does not apply to just photographs - http://www.photoattorney.com/wp-content/uploads/2013/02/Excuses-excuses.pdf

Sure, he doesn't have to claim damages. But, that doesn't mean he'll win his suit. Frankly, it sounds like the OP has a potential countersuit for slander, if indeed the other photographer was making statements that did not include the full truth. The other photographer saying "a bunch of his stuff" indicates more than just a few words on a website.

But, I'm no lawyer; none of us are. You might want to get a lawyer, @Kydahl... And, you might want to print and have physical copies of ALL correspondence with him, even your replies. And, if you do have further communication with him, you might want to make it through your attorney, or at least be professional and do not be snarky in any way.

 

[astroNikon]

I hope you have changed it by now.
That would at least show a judge that you didn't mean it, and changed immediately.
Though might not help in any final judgement, if any.

 

[robbins.photo]

What is he claiming for damages?

He hasn't gotten into those details yet, supposedly he is "contacting his lawyer" today & will "get back to us."
I only half believe he will go through with it since his responses sounded so unprofessional. (Lots of profanity was used lol)

Well I don't see the SWAT team breaking down your door over this anytime soon. If so just keep a couple of dozen glazed donuts on hand. Works like a charm.

Odds are good he'll huff and puff and nothing at all will come of this, most small claims courts will require proof of some form of actual damages before they will enter a judgement of any sort so not much chance of him getting anywhere that way.

Anything else will require him to spend some serious coin on a lawyer and odds are good whatever he could get for whatever damages he might be able to claim wouldn't even come close to covering his legal fees.

So apologize, let him huff and puff - but until the day comes when you get a call from an actual attorney, eh.. I wouldn't stress over it too much.

 

[Vtec44]

Legally, I guess we would have to find out the answer in court. Ethically, it's a BIG no no for me.

 

[Braineack]

butt hurt photographer cant handle competition.

ignore him -- edit text so it's not copied verbatim.