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  • My Library has been plagiarized

My Library has been plagiarized

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Started June 1st, 2020 · 5 replies · Latest reply by BigBoyBeats4U 5 years, 5 months ago

Z
zoidberg_ES

0 sounds

2 posts

5 years, 6 months ago
#1

Hi guys,

I month ago I released my first SFX library, it is a collection of sounds and voices about Sex and Adult content, I noticed that there is a niche in this field I wanted to be the pioneer.

Today I found a pack with exactly the same content, even the description follow the same structure.

Here my product: https://zoidberg-es.itch.io/sex-sounds-bundle

Here theirs: https://apexadultaudio.itch.io/wet-sex-sound-effects-blowjob-licking-handjob-squirting-rubbing-adult-game-sfx

Obviously this is something that I can not prove and it is perfectly legal, they have just cloned the idea, which happens all the time in any field. I just needed to vent my anger somehow..

What you guys think?

Breviceps

247 sounds

97 posts

5 years, 6 months ago
#2

What I think?
Lawyer time!

blaukreuz

486 sounds

23 posts

5 years, 6 months ago
#3

Well, are they your exact sounds that they used?
In that case, you can contact them and threaten litigation if they don't take their product down or come to some arrangement with you. If they don't respond to that, it's time for a lawyer indeed.
Proving that they've illicitly taken your sounds is pretty easy.
If they just used your file structure with different sounds that's going to be a tad more difficult, as the idea of a structured sound library of whatever isn't very original as such, of course, even if it is a rotten move on their part.
FWIW, if I ever do need a detailed collection of sex noises for a project (who knows), I'll bear this in mind and go for YOUR pack... wink

blaukreuz music on soundcloud
Timbre

3,354 sounds

2,337 posts

5 years, 6 months ago
#4

Unethical pornographers, who’d a thunk it ?.

B
BigBoyBeats4U

6 sounds

1 post

5 years, 5 months ago
#5

Hello,

I have a couple of questions for you. First, are you using a bed of back up music under The sex sounds. Is that how it’s supposed to be used? Because it seems to me that people will just want the raw sounds of sexual interaction rather than have music underneath.

Secondly, I have a comment. I don’t find the sex sounds to be real or authentic at all. They sound like really really sheep porno in the worst possible sense of the word. Just one man’s opinion, take it for what it’s worth.

Here are some things you can think about in terms of your predicament.

How many of your collection have you sold? None? 100? If you’re not really making very much money, you should take that into consideration if you’re thinking about suing somebody. You’re gonna have to pay an attorney retainer of three to $5000 to even take your keys so if you’re not making that much I wouldn’t bother. On the other hand, there is the matter of the principle of the thing, and if you can afford it, then you might want to bring forward a lawsuit.

But before you do that, I believe you should send what is called a demand letter to cease and desist.

You don’t need an attorney to do this. Here is the link: https://www.formsbuildr.com/cease-and-desist/?utm_source=google&utm_medium=cpc&utm_term=cease%20and%20desist%20letter&utm_content=431918129883&utm_campaign=static__cease_and_desist__e&u_adgroup=letter&u_network=g&u_device=m&u_placement=&u_country=us&u_producttype=formfindrdotcom&u_product=cease_and_desist&u_matchtype=e&u_landingpage=2018cp2&u_aceid=&u_adposition=&headline=Create%20A%20Free%20Cease%20and%20Desist%20Letter%20Online&u_sitelinkid=20595&gclid=EAIaIQobChMI7em_0OG46gIVBMDICh31uQ7SEAAYASAAEgIB_PD_BwE

In case the forum won’t print the HTML link I provided just Google seas and desist letter.

Now, if you’re going to send them a cease-and-desist with the intention of following up with an attorney in your cease-and-desist letter you’re going to have to mention a number of points to convince them that you’re serious.

First of all, what is it that you want? Do you want them to take their product off the market? Do you want them to pay you a percentage? What approach is to listen to the background music on each library. If they’re using the same background music as you then that’s going to be really obvious after a while. I couldn’t tell just from listening to 60 or 90 seconds but that’s something you should definitely investigate. Then, what about the sex sounds? Are they the same? And in terms of categories, do you both have the same Kind of categories? I noticed in the other sound library they had a heading called rustling sheets and bed clothes; do you have the same thing? Also, take a look at how long their samples are. Do you think that they bought your product and simply literally stole everything just as it is on your library? You need to look at the trackOmg order of the other persons library. The more things you can find that are the same as yours the strong is your case will be.

And don’t forget format. Do you offer MP3, wave, AIFF, etc.? And again, comparing yours with theirs, do they have the same kind of format offerings as you do.

When you’re done doing your analysis, you should be able to make an informed decision. Write everything out in a pros and cons list. Then if you feel like it, you can write a cease and desist letter using a proper format. Be careful not to vent your personal frustration/anger in the letter because they can then accuse you of threatening them. Keep it very dry. Use an outline format with indented points using STARZ or bullets or what have you. Make it one page.

And make sure you give them A deadline.

If you decide to move forward and you think that you have a case, you can contact me if you would like. I have the professional qualifications to render a decision that I will put in writing for you. I can tell you more when and if you do reach out. Just remember that a third-party Professional in the industry, such as myself, will learn a lot of credence to your argument

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