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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 16936
Experience:  30 years as a practising solicitor.
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Copyright breach online, UK, I emailed the offending party

Customer Question

copyright breach online
JA: Where is this? It matters because laws vary by location.
Customer: UK
JA: What steps have been taken so far?
Customer: I emailed the offending party asking them to take plagiarised content down, they deny any wrong doing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: not sure, i am not sure what would be useful to them
Submitted: 1 year ago.
Category: Law
Expert:  JimLawyer replied 1 year ago.

Hello, this is Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

The way forwards would be to send the person who breached copyright a cease and desist letter to warn them of your intentions unless they stop (and give them 7 days to stop their conduct).

A template “cease and desist” letter is available at https://www.lawdepot.co.uk

If you go to the search box in the top right corner of the site, it will bring up a list - you want the "general" letter.

You can use your own letter if you wish - it just has to make it clear this is a cease and desist letter, that you demand they remove the content, and that if they do not within 7 days you will apply to the court for the injunction and seek your costs. You can also seek damages if you have incurred any financial losses.

The letter may work as an injunction is a serious step. You can email the letter to them and indeed the letter is required - the court will want to see you have put the offender on notice of your intentions before you take the step of involving the court. If you still need to apply (the letter having no effect) please come back here and I will give you further details of how to apply.

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

Customer: replied 1 year ago.
I'm a bit confused
Customer: replied 1 year ago.
seems like you are telling me to send this document without seeing any proof and telling me if I have a case?
Expert:  JimLawyer replied 1 year ago.

Hello, what confuses you please?

Expert:  JimLawyer replied 1 year ago.

I thought you said someone has used your content without your knowledge, in breach of your copyright?

Customer: replied 1 year ago.
no, not exactly
Customer: replied 1 year ago.
they plagiarised my work
Expert:  JimLawyer replied 1 year ago.

I must have misread the question, apologies in that case. Is the work now published online somewhere?

Customer: replied 1 year ago.
File attached (72ZLQLQ)
Customer: replied 1 year ago.
here is my recipe: https://www.lazycatkitchen.com/vegan-spanakopita-greek-spinach-pie/
Customer: replied 1 year ago.
here is the copy of my work: https://domesticgothess.com/blog/2020/01/11/vegan-spanakopita/
Expert:  JimLawyer replied 1 year ago.

Thanks, ***** ***** see the issue. It is plagiarism but you also have copyright for your recipe and the website. They have clearly copied your work, so you are within your rights to demand they remove it. A court can force them to with an injunction if they do not do so voluntarily

Customer: replied 1 year ago.
Ok, so sending a cease and desist letter is the first port of call?
Customer: replied 1 year ago.
if that doesn't work I need to get back to you?
Customer: replied 1 year ago.
is my recipe copyrightable so to speak as the offending party claims that you cannot copyright a recipe
Customer: replied 1 year ago.
how does that work exactly? I mean it is clear to me that she copied my work by sheer number of similarities between the two but I am not sure if a court would see that
Expert:  JimLawyer replied 1 year ago.

Yes, a cease and desist letter is essential - the court asks you if you sent one before applying for the injunction. An injunction is a serious legal remedy and the court wants to know you have the potential defendant a chance to avoid court proceedings.

The wording is arguably "original literary work", on your web page, however I have not dealt with a recipe dispute such as yours - I will therefore opt out to let another expert assist you with your question going forwards.

Please do not reply to this message as the question will stay with me and there will be a delay with the reallocation.

Many thanks.

Expert:  JGM replied 1 year ago.

Thanks for your question. I am an intellectual property solicitor in the UK and can help you with your question today. You can’t claim copyright on a recipe as regards ***** ***** method. You can claim copyright in the actual words that you have created and published for your recipe and any photos or other relevant media. So for example I couldn’t bring out a cookbook and copy the words and pictures in your cookbook but I could put a recipe for the same thing in my own cookbook as long as I didn’t copy your words, pictures, diagrams etc. I hope that helps to answer your question. Please leave a positive rating on the star rating system which is usually at the top of your screen. That will allow JustAnswer to credit me for helping you today.