Free transcripts

[ROBIN]

I take issue with attorneys who don't order a transcript, but then they get a free electronic version from another attorney in the case emailed to them.  In my opinion, this is nothing short of theft.  I know it's done all the time (which doesn't make it right), but has anyone ever put a disclaimer on their electronic transcripts about prohibiting this??  If so, what does it say??

[Dean Morris]

Hi, Robin,

You may want to look into your state's C. P. L, Criminal Procedure Law, or your state's statutes, under Theft of Services.  You may want to type a little blurb of that as part of your E-mail signature line.

[ROBIN]

Thanks, Deanna!  I'll look into that!

[Mary Jo Cochran]

I would put in a blurb to each attorney getting the transcript that your transcript is protected by copyright law, any attorney receiving a copy without permission and without paying for such copy will be prosecuted for theft.  When you find an attorney who has a copy and did not pay for it, email him a notice of such blurb, along with an invoice; then call him.

[ROBIN]

Thanks, Mary Jo, but I don't think it is protected by copyright law unless you file and pay for a copyright of each transcript through the USPTO.

[Dean Morris]

Hi, Mary Jo,

Check to see if, in your state, transcripts are protected by copyright law.  The fed reporters lost that argument.  However, transcripts may be protected under Theft of Services.  A friend of mine uses that section's language in her E-mail sig line.  Worth looking into.

[ROBIN]

I just checked into this, Deanna.  There is a code in our state for this and I'm going to use it!!  YAY!!  Thanks so much!

[Dean Morris]

My pleasure!

[ROBIN]

It's actually a Class C Felony here.  Think I'll keep a copy of that code in my bag from now on!!