The Montana Supreme Court Commission on Self-Represented Litigants has sued an organization called “Legal Aid Administration, LLC” (referred to in the extract of the Complaint below as “LAA”. According to the Complaint, LAA is a limited liability company.) The case is in the United States District Court for the District of Montana, Missoula Division. The docket number is CV 11-30-M-DWM.
Here is the complaint. (www.selfhelpsupport.org membership needed.)
Here is some of the key language from the complaint:
8. The Plaintiff is the copyright owner of the Introduction to Family Law
in Montana (hereinafter “Copyrighted Materials”). A true and accurate copy of the
Plaintiff s copyright registration for these materials, as issued by the United States
Copyright Office and dated August 31, 2005, is attached hereto at Exhibit “A.”
9. The Plaintiff has labeled the base of each page of its Copyright Materials with a statement providing “© 2007 Montana Supreme Court Commission on Self-Represented Litigants and Montana Legal Services Association. Use of this form is restricted for not-for-profit purposes.”
10. On or about March 30, 2010, LAA contracted with a citizen and
resident of Montana (hereinafter “Montana Citizen”) in a document entitled
“Service Agreement” (hereinafter “LAA Agreement”). A copy of the LAA
Agreement with the Montana Citizen, with the name, initials, address, and other
personal information of the Montana Citizen redacted, is attached hereto at Exhibit “B.”
11. Pursuant to the LAA Agreement, the Montana Citizen was required to pay a total of $389.00 for certain services, which included preparing documents pursuant to the information provided by its client to LAA.
12. Pursuant to the LAA Agreement with the Montana Citizen, LAA provided to her legal documents substantially similar (if not identical to) the Plaintiff ‘s Copyrighted Materials.
13. The materials provided by LAA to the Montana Citizen included the statement at the base of each page, with a copyright notice, as described in Paragraph Number 9 above.
14. LAA’s distribution, sale, and reproduction of the Copyrighted Materials was undertaken without consent from the Plaintiff.
15. Based on information and belief, LAA has marketed, reproduced, distributed, and sold the Plaintiff s Copyrighted Materials to other parties, currently unknown.
The case seeks damages, injunction relief, attorneys fees and costs.
Additional papers filed in the case may be tracked here, subject to fees and cautions etc on that site.
For additional information, contact Judy Meadows at the Montana State Law Library.
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Generally speaking, fill in the blank forms are not protected at the same level. However, the document “Introduction to Family Law” is not just a form. It combines legal information, instructions and forms. So, it should be protected.
Very interesting case. I am curious if anyone has looked at the fair use issues involved here. Legal forms have less protection then fictional works and may have trouble if the site can make a strong transformative use argument.
Washington State is struggling with this issue currently and bleak financial times may be creating some very bad policy decisions long term.