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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Copyright Question. I have recently placed a job advert

Customer Question

Copyright Question.

I have recently placed a job advert to hire new drivers for our company on Indeed.com and other various websites. Our competitor who is 2 miles away from us has exactly copied and pasted the same job description in order to attract drivers to work for his company, but changed the pay to a higher rate.

I dislike the fact that he has copied all my text, without my consent and then producing it as his own. We are both operating as taxi and private hire companies and competing for drivers in a town where there is shortage.

What action can I take?

Here is the copy of my advert:

http://www.indeed.co.uk/cmp/Happicabs-Chelmsford/jobs/Driver-09adbb47b18b6241

Here is the copy of the competitor advert:

http://www.indeed.co.uk/viewjob?jk=5959e86671493bbb&q=taxi&l=chelmsford&tk=18858saqu16p13kv&from=web
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.
Alex Watts : Have you asked him to remove the text please?
JACUSTOMER-1yb3pbtv- :

I told him by facebook and email to remove it before I take legal action, 24 hours ago. Still no response.

JACUSTOMER-1yb3pbtv- :

A-one Cars Chelmsford

FAO: Directors and Owners of Fareway Taxi

I have noticed you have recently copied our advert of a job post from indeed.com and created another advert using our text on indeed.com and on your Facebook wall.

This is a copyright infringement, content taken without consent from the owner, A1 Cars & Happicabs. I therefore kindly request to remove our text before I take any further legal action.

You have 48 hours (31st October 2013 - 11:30pm) to remove this content from all websites that you have posted our copy of the job advert.

Regards,

Waqas Hussain

Business Manager A1 Cars & Happicabs Chelmsford [email protected]

JACUSTOMER-1yb3pbtv- :

The above shows the email I sent the person and the facebook message. I hope there is enough information for you, could I take legal action? what are the approximate costs and procedures for doing this? Where do I go to report this?

Alex Watts :

You technically do not own the copyright to this - the website does.

Alex Watts :

So if you post it on indeed.com - they own the text and copyright as you would have created an account and agreed to their terms and conditions. It would therefore be for indeed.com to issue any claim against the Company concerned. Therefore you should contact them and invite them to consider taking the matter further as this would not cost you anything.

Alex Watts :

However in any event assuming that it was your own website, you would need to show that this was confusingly similar to your own text and customers would be confused between you and them.

Alex Watts :

Generally people do rip of ads from each other, you only need to go onto recruitment websites to see the same ad posted on each one.

Alex Watts :

If it was something that was published, like a book or something people would have to pay for then you would have a stronger case to sue for breach of copyright.

Alex Watts :

But this is just an ad inviting people to apply for a job - therefore it would be very hard to establish that there is copyright here.

Alex Watts :

That is why you should alert indeed.com and invite them to take action.

Alex Watts :

I am sorry if this is not necessarily the answer you are looking for and it certainly is not the one I want to give, but I have a duty to be honest.

Alex Watts :

If this answers your question I hope my service has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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