Resume Copyright
Hello, I submitted a resume to a company who inturn interviewed me. The following weekend, the company runs an ad in the local paper and the 1st 8 lines of my resume are word for word in their ad, including the tense from my resume. The company told me I was not qualified, but use my resume to attract other applicants. I belive that this is plagiarism and that I can sue them. Am I correct in thinking this?
Re: Resume Copyright
You can sue the Pope, Donald Duck and the Man in the Moon but that's not the question you should be asking. You really want to know whether you'd win. After all the thousands of dollars you'd spend and the minimal damages you might win IF you win, would it be worth it? Couple of things: not having seen your resume, one can't tell exactly what was copied. If it's a job decription or a mission statement it probably isn't sufficient to rise to the level of originality that the copyright law would require. Second, even if they did copy it and it's plagiarism, plagiarism isn't copyright infringement, necessarily and is not actionable by itself. Third, if your resume has not been registered for copyright, the best you can do is win actual damages which are? Yeah, you didn't get the job but it had nothing to do with your creativity, but your experience. I'd suggest you use the experience in the future when you interview and tell your next prospective employer that you're so creative that a company that turned you down for a job had the otherwise good sense to use your resume as a model.
Re: Resume Copyright
You can sue the Pope, Donald Duck and the Man in the Moon but that's not the question you should be asking. You really want to know whether you'd win. After all the thousands of dollars you'd spend and the minimal damages you might win IF you win, would it be worth it? Couple of things: not having seen your resume, one can't tell exactly what was copied. If it's a job decription or a mission statement it probably isn't sufficient to rise to the level of originality that the copyright law would require. Second, even if they did copy it and it's plagiarism, plagiarism isn't copyright infringement, necessarily and is not actionable by itself. Third, if your resume has not been registered for copyright, the best you can do is win actual damages which are? Yeah, you didn't get the job but it had nothing to do with your creativity, but your experience. I'd suggest you use the experience in the future when you interview and tell your next prospective employer that you're so creative that a company that turned you down for a job had the otherwise good sense to use your resume as a model.
Re: Resume Copyright
You can sue the Pope, Donald Duck and the Man in the Moon but that's not the question you should be asking. You really want to know whether you'd win. After all the thousands of dollars you'd spend and the minimal damages you might win IF you win, would it be worth it? Couple of things: not having seen your resume, one can't tell exactly what was copied. If it's a job decription or a mission statement it probably isn't sufficient to rise to the level of originality that the copyright law would require. Second, even if they did copy it and it's plagiarism, plagiarism isn't copyright infringement, necessarily and is not actionable by itself. Third, if your resume has not been registered for copyright, the best you can do is win actual damages which are? Yeah, you didn't get the job but it had nothing to do with your creativity, but your experience. I'd suggest you use the experience in the future when you interview and tell your next prospective employer that you're so creative that a company that turned you down for a job had the otherwise good sense to use your resume as a model.
