Newsy
09-04-2007, 08:07 PM
This may be a difficult set of circumstances to explain, so please bear with me.
I own the domain name and license to operate a news/political discussion forum. The forum has been in operation for 2 +/- years. Recently, we had a member to pass away. At the time I heard the news, I requested my admins to create and install a memorial ribbon in his honor. That ribbon contained his name, screen name, and dates of birth and life. It was a touching addition to the forum. The installation was made incorporating the ribbon into the banner of the forum.
Here is where the twist begins to unravel. The two Admins I made the request of, also operate a vb forum. We recently experienced a split from my forum to theirs over hurt feelings, etc. Upon exit, one of the departing members copied the memorial ribbon before exit and presently uses it in their signature at the other forum.
In trying to take the proper steps to remedy the copyright infringement, I cordially contacted the admins and respectfully requested that the ribbon be removed, which they declined. To make matters worse, one of the admins started a thread at the forum condoning the theft, and the actions of the particular member.
Here is my position:
1) I personally commissioned the creation and installation of the memorial ribbon specifically to my forum. The ribbon was never displayed in any shape, form, or fashion at any other forum until this disgruntled member did so without permission.
2) The deceased member stated prior to his death that along with my forum, he only visited a couple of RV forums, but spent most of his internet time at my forum.
Question(s)
1) Is this in fact a copyright infringement?
2) Do I have remedy? I am not interested in filing suit, but I want the ribbon removed from the other forum and possibly the offending members banned for violating copyright infringements as spelled out in the vb licensing agreement.
I own the domain name and license to operate a news/political discussion forum. The forum has been in operation for 2 +/- years. Recently, we had a member to pass away. At the time I heard the news, I requested my admins to create and install a memorial ribbon in his honor. That ribbon contained his name, screen name, and dates of birth and life. It was a touching addition to the forum. The installation was made incorporating the ribbon into the banner of the forum.
Here is where the twist begins to unravel. The two Admins I made the request of, also operate a vb forum. We recently experienced a split from my forum to theirs over hurt feelings, etc. Upon exit, one of the departing members copied the memorial ribbon before exit and presently uses it in their signature at the other forum.
In trying to take the proper steps to remedy the copyright infringement, I cordially contacted the admins and respectfully requested that the ribbon be removed, which they declined. To make matters worse, one of the admins started a thread at the forum condoning the theft, and the actions of the particular member.
Here is my position:
1) I personally commissioned the creation and installation of the memorial ribbon specifically to my forum. The ribbon was never displayed in any shape, form, or fashion at any other forum until this disgruntled member did so without permission.
2) The deceased member stated prior to his death that along with my forum, he only visited a couple of RV forums, but spent most of his internet time at my forum.
Question(s)
1) Is this in fact a copyright infringement?
2) Do I have remedy? I am not interested in filing suit, but I want the ribbon removed from the other forum and possibly the offending members banned for violating copyright infringements as spelled out in the vb licensing agreement.