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My wife and I own a preschool childcare facility. Today a ...
Sent to Legal Experts August 27 07:26 PM

My wife and I own a preschool childcare facility. Today a parent came in and showed us a document from a new preschool in our town, this preschool copied our philosophy statement word for word. Is this legal? What can we do?

 

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New York

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Customer (name blocked for privacy)
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August 27 7:44 PM (3 minutes and 24 seconds later)
         
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August 27 8:36 PM (52 minutes and 5 seconds later)
         
The Philosophy of (Our School) is to establish an enviroment where self-confidence and self-expression is encouraged, as are responsibility,decision making and respect for others. What we teach is not always apparent to the casual observer. The children learn through play and are exposed to a broad-based curricullum. We attempt to maintain an atmosphere of freedom,friedliness,and creativity carried out through positive reinforcement tehniques. Our teachers strive to develop the children's skills by engaging their hearts as well as their minds. While we are academically structured, and goal oriented, the progran we pursue is based on the guidelines of NAEYC and is geared toward helping children develop habits of observation, questioning, and listening.
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August 27 9:11 PM (34 minutes and 46 seconds later)
         
Will someone answer my question tonight?
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August 27 10:12 PM (1 hour and 1 minute and 39 seconds later)
         
Hi Jen, I am going offline, I have provided the Philosophy statement, please respond at your earliest convenience. Thank You
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August 27 10:54 PM (41 minutes and 25 seconds later)
         
ACCEPTEDCheck Mark

Thank you for your response. Ed is absolutely correct. If your philosophy or mission statement was a single sentence, then it would not be protected under copyright law. However, the text which you have provided is covered by copyright. Creative original works and their derivatives are indeed protected.

Your first course of action would be to send a cease and desist letter to the other preschool. Click here for an example. You may also consider hiring an attorney to submit a cease and desist on your behalf, as sometimes this is perceived to carry more weight. If the other preschool does not stop using your philosophy statement, you would need to register the statement with the copyright office and could thereafter bring legal action.

Click here and here for more information on copyrights.

Let me know if you would like more information.

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Thank you.

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Edited by Jen Sterling on August 27 2007 at 11:04 PM

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