Replies to This Discussion

Permalink Reply by Deb Lamb on May 31, 2010 at 1:57pm

Hi Leigh Anne,
How are you dear? First off, if you re-write the material then it is original and unique and should be okay. I would tell my client you are aware of it being copyrighted material, just so they know you know, and then I'd completely re-write it. That is really the only legal thing you can do...completely re-write the content and be sure to charge enough for doing so. I would not duplicate it whatsoever, and if that is what they want you to do, then the ethical thing to do is bow out gracefully and explain your reasons for doing so. That under the copyright law, it is illegal to duplicate such content, your client should understand that for sure. Hope this helps dear.
Deb :)

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Permalink Reply by Jeannine Clontz on June 1, 2010 at 6:55pm

You should decline this job. Taking the job would be a direct reflection on your reputation and that of your company. I would simply contact the client and let them know that they should be aware that it would be unethical for them to duplicate any copyrighted material, without permission.

Maybe start the conversation off by asking if they have permission to use it in its current format. If they say they do, let them know that you would require verification in order to move forward with the project for their protection, and yours.

It's just not worth it to put yourself and your good name on the line. This is totally illegal! ;)

On the flip side, what you could suggest is helping them to rewrite the manual so as to avoid any copyright infringement, and give them something that will be a perfect fit for them.

Hope this helps.

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Permalink Reply by Joel D Canfield on June 2, 2010 at 2:04pm

As Deb and Jeannine have pointed out, the only ethical way to manage the project itself is to use the materials as research, but to create new content.

The conversations you'd have with everyone involved would center on trust. You build trust with your clients, and vice versa, by how referrals are cared for. You build trust with prospects by being trustworthy. Anyone who wants a trusting relationship with you will understand completely if you point out the damage that would be done at every level of trust if you poached someone's intellectual property.

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Permalink Reply by Leigh Anne Aston on June 2, 2010 at 2:36pm

Deb, Jeannine and Joel, thank you so much for taking time out of your day and joining my discussion. Yes, I am on the same page as all of you. I have subsequently talked with the prospect and asked about the copyright. He says the manual contains industry standard practices (steps on how to do certain things within his industry) and the standard practices belong to everyone in the industry (paraphrasing, of course). He further explained the copyright notation applied to the name of the manual. He was very open to the discussion and not rude or defensive in any way and completely understandable that I do not want to infringe on anyone's copyright. So, if these are industry standards (these are the steps everyone in the industry "should" follow for the processes/services they provide) can they be copyrighted?

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Permalink Reply by Joel D Canfield on June 2, 2010 at 7:32pm

Concepts don't fall under copyright and they're not intellectual property.

Specific wording usually does.

If you read my description of how to set up a WordPress blog, and then write, in your own words, exactly the same steps, that's simply using what you've learned.

If you copy and paste my words, you're using my intellectual property which would make me cry isn't appropriate.

So, if they've given you a document which you can use as research to learn the necessary points in order to write a new document, and if it seems reasonable to you that the information really is general industry information, not privately held intellectual property, you're probably in good shape. (Charge a lot for creating new content.)

If it really seems like this is proprietary information, or if they're saying 'industry standard, so just copy and paste" then they're pushing you toward unethical behaviour, and even if you weren't legally culpable, you'd feel all icky in the morning . . .

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Permalink Reply by Danielle Keister on June 2, 2010 at 3:35pm

Personally, I would flat out tell them that copyright infringement is illegal and I will not engage in or be party to unethical, illegal activities.

(They should be ashamed of themselves and I would make no bones about letting them know that. Sometimes the only way to get through to people like that is to bonk them over the head with the unvarnished truth. I might even be inclined to alert the actual author/owner. This stuff continues to go on because people sit by passively and don't do or say anything. They are just as guilty for allowing this stuff to continue.)

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