• Buuks publication cheating

Buuks publication has printed my manuscript in low quality. Also they didn't changed the picture which I asked them to do so. But they agreed to change now. They problem is early pic I don't have copyright and took it from internet general search. Will there be a problem , if someone purchased the old version of book and is there a necessary to give lawyer notice to them. I already filed a complaint in consumer court.
Asked 2 months ago in Intellectual Property

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

17 Answers

It should be printed Specifically in the book about the copyrights vested in you. A consumer complaint has already been filed by you or deficiency in services. Even if the pic is old that doesn't matter.

 

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

-  Check again on internet if the picture is copyright protected or free for use. many pictures are available for free use and many are available by giving credits. 

 

-  To file complaint in consumer court, you not sent notice ? 

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

Dear Sir,

It is the publishers duty to check whether any copy rights of any publisher violates if such picture is published. You have already informed the publisher and your duty is completed. You can seek huge compensation for not obliging standards given by you in publishing the book. The Consumer Court will give a verdict in your favor. 

Kishan Dutt Kalaskar
Advocate, Bangalore
5918 Answers
305 Consultations

4.8 on 5.0

I assume that in your consumer complaint you have detailed the concerns with regard to change of picture. Now, if the publication has agreed to change the picture now then you need not do anything as the old version is already in market for circulation and unfortunately, you cannot stop people from buying it.

But just make sure that in all new editions a disclaimer is also added with regard to the use of picture (@ page number so & so) in old editions stating that you don't own a copyright of said picture(s) and its publication was an inadvertent mistake and the same has been rectified in all the new editions.

Hope this satisfies your query! Thanks!

 

Abhinav Srivastava
Advocate, New Delhi
33 Answers

5.0 on 5.0

You may ask but as per my opinion it's not needed as of now.

Abhinav Srivastava
Advocate, New Delhi
33 Answers

5.0 on 5.0

A statement by them would be sufficient and should be done.

Rahul Mishra
Advocate, Lucknow
12852 Answers
36 Consultations

5.0 on 5.0

You had asked publisher to change the picture 

 

you would not be liable if publisher refused to do it and any case is filed 

 

no need to issue legal notice 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

if any legal notice has been received they would inform you 

 

if they have sent any legal notice to you then you should reply to legal notice 

Ajay Sethi
Advocate, Mumbai
83174 Answers
5337 Consultations

5.0 on 5.0

Hello,

  1. If you have already filed a complaint in the Consumer Forum, there is no need to issue a legal notice any longer as the publication will receive notice/summons from the Forum and it is already on record and before Forum in case of any claim or dispute.
  2. In case someone comes up with claim of proprietary rights or violation of trademark, the complaint you have already made can be of assistance.
  3. You may make a nes paper publication regarding the eoor made by the publication and the remedial steps taken. 

S J Mathew
Advocate, Mumbai
3318 Answers
153 Consultations

5.0 on 5.0

Hello,

  1. If you have obtained copyright for the trademark/picture through proper channel and by registration of the same, it is already a verifiable entity and you don't need any stamp of approval from the publisher.
  2. You need to ensure that what you publish is original and no one is likely to claim copyright on the same  and if anyone does, you have enough material to prove authenticity.

S J Mathew
Advocate, Mumbai
3318 Answers
153 Consultations

5.0 on 5.0

Dear Sir/Madam

1. Yes, since the earlier picture was taken from the internet, there could be a case of copyright infringement. 

2. Since you have filed a case in the consumer court, plead to the court to direct the publishers to take off the old picture 

3. In case you have a copyright, you may send a legal notice to them demanding that they don't publish your book and you may opt for another publisher. 

4. In case you do not have a copyright, you may still look into the terms and conditions of your agreement with the publishers, and maneuver things to your benefit based on the agreement. In case the contract between you and your publishers has been breached by the publishers (by them not printing your book in good quality), you may sue them. 

Thank you

  • For more assistance, you may book a consultation with me
  • If you liked my answer, please leave a rating and give a review 

Anik Miu
Advocate, Bangalore
1884 Answers
22 Consultations

4.9 on 5.0

- As per law,  permission of the sponsor is mandatory for using any picture after taking from internet .

- Further, if that publisher has printed other picture without taking permission in your book , then also you will  be responsible for the same .

- However, as it is going to be changed due to your objection , then you will not face any trouble under the copyright 

- However, you can issue a legal notice to the said publisher for the same .

Mohammed Shahzad
Advocate, Delhi
7410 Answers
78 Consultations

5.0 on 5.0

You will face copyright infringement if the old version is still in circulation. It does amount to copyright infringement. It is sufficient for infringement if the work is in circulation. Your solution is to issue lawyer's notice  to the publisher asking him to recall the copies of infringing work, that will save you from action for infringement of copy right from the owner of photograph.   

Ravi Shinde
Advocate, Hyderabad
1094 Answers
13 Consultations

5.0 on 5.0

You have already approached consumer forum for deficiency in service against the publishers/printers of your manuscript.

The picture which appeared in the earlier publications are one of the disputes that has been referred in the complaint before consumer forum. 

Hence any dispute in this regard from any quarter or any person claiming infringement of trademark rights may not be able to maintain the dispute owing to the pending complaint which clearly makes sense that you have already disputed this matter before a legal forum, hence you may be absolved from such liability. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

If at all you receive a notice from someone disputing the same, you may see what they dispute about and what are the documentary evidences that they rely upon.

You may send a reply notice denying their allegations through a lawyer  and the challenge their claim in the court of law if they approach or proceed further in that regard. 

T Kalaiselvan
Advocate, Vellore
73275 Answers
1146 Consultations

5.0 on 5.0

Ask them to henceforth include a note in all the new editions books they publish, that inadventatnytly the cover pic in the last edited wasn't original work and the inadvertent mistake is deeply regretted. 

Vibhanshu Srivastava
Advocate, New Delhi
9313 Answers
201 Consultations

5.0 on 5.0

1. This does not call for issuance of a lawyer's notice at this stage as they have agreed to change it.

2. If they do not change it then you may serve notice to them.

Ashish Davessar
Advocate, Jaipur
30743 Answers
901 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer