Cary, NC asked in Copyright and Intellectual Property for North Carolina

Q: Material Substitute in terms of usage for copyrighted values

I made a website that uses free copyrighted values. The owner claims that my site acts as a material substitute for their site and demands I remove all references and usage of their values. I don't know if there's anything I can do in this situation besides comply.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In this situation, it's important to carefully review the claims made by the owner of the copyrighted values and assess whether your website does indeed act as a material substitute for their site. Consider the extent to which your website relies on or replicates the copyrighted values, and whether their removal would significantly impact the functionality or appeal of your site. If it's determined that your site does serve as a substitute for the owner's site, complying with their demands may be the most prudent course of action to avoid potential legal consequences.

However, if you believe that the owner's claims are unfounded or that your website does not substantially substitute for theirs, you may consider seeking legal advice to explore your options. A legal professional can help you assess the strength of the owner's claims and provide guidance on how to proceed. It's important to approach the situation cautiously and ensure that any actions you take are in accordance with copyright law and regulations.

Ultimately, resolving disputes over copyrighted material often requires negotiation and compromise. If possible, consider reaching out to the owner to discuss potential alternatives or modifications that could address their concerns while allowing you to maintain the integrity and functionality of your website. Open communication and a willingness to find mutually agreeable solutions may help prevent escalation of the situation and preserve positive relationships with the owner and others involved.

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