copyright
What happens if I unknowing copy an article in the US?
<p>Let's say I make a website, using my own words, and simple facts (We will call it Simple Math, so the article is about the basics of adding and subtracting, and the facts are math facts).</p>
<p>As I make this website, I pay close attention to make sure that I am not copying mathsite1.com. After I publish the site, mathsite2.com sends me an email saying I infringed their copyright. When I visit their site, their article is similar, but not exactly the same (Using different words and explanations, but the same basic outline).</p>
<p>What would happen?</p>

<p>It is not a copyright violation unless it is actually derived from another work. It is just happens to be the same, it isn't a violation. For most copyrightable works worth suing over, this is almost impossible. But it does happen.</p>
<p>Suits involving competing claims of independent creation v. copying usual involve pop song lyrics that are short and have internal logic and genre conventions that converge on similar expressions, involving people who have interacted slightly prepublication of the money making work and travel in the same musical circles. Sometimes the similarity is due to unconscious imitation, sometimes it is due to bold theft, sometimes it is coincidence when everyone has similar incentives and musical precedents to work from.</p>
<p>A court would weigh the evidence after depositions and sworn statements and document discovery reveal the facts that will be presented at trial. (Only no one would sue in the original question case because there wouldn't be enough money at stake to make it worthwhile.)</p>

<p>There are a numbed of possibilities. Depending on just how close the Simple Math site is to mathsite2.com, it may or may not be infringing.</p>
<p>If the similarity is just coincidence and no use was made of mathsite2.com, there is legally no infringement. But others including a court might believe that there had been copying.  If mathsite2.com was one of the sources used to create Simple Math, perhaps the creator unconsciously copied more than s/he intended. That might or might not be infringement depending on the detailed facts.</p>
<p>The operator of the Simple Math site might think there is no infringement, and be unwilling to change. In that case the operator of mathsite2.com might send a takedown notice to the host of the Simple Math site, or perhaps file a copyright infringement suit in a US Federal (district) Court. Either  is likely to involve significant trouble, and perhaps expense, for the operator of the Simple Math site. (Or mathsite2.com might just drop the matter.)</p>
<p>Or the operator might be willing to change some things so that there is no longer a close resemblance between  Simple Math and mathsite2.com. It might be wise to respond to the email offering to make such changes while not admitting that any infringement occurred. If the operators of mathsite2.com will be satisfied by such changes, that may well simply end the matter.</p>
<p>If they are not satisfied, there may be further negotiations.  The operator of the Simple Math site might be wise to consult a lawyer with copyright expertise. It may be wise to make and post the changes even if the operators of mathsite2.com  are not dully satisfied, as this can reduce their claim for damages.</p>
<p>The operators of mathsite2.com could choose to sue even if changes are made, claiming that the Simple Math site infringed in its earlier form, or perhaps even that it still does.</p>
<p>If they sue, there will be various preparations and procedures, and eventually each side will present its evidence in the case, and a judge or jury will decide the matter. By that point most people would long since have engaged a lawyer. While it is legal to represent oneself, it is often unwise to do so in a complex suit where significant sums might be at stake.</p>
