Copyright Infringement and Me

[illadore]

The tl;dr version of this post: My 2005 Ice Dragon entry, called "A Tale of Two Tarts" was apparently printed without my knowledge or permission in a magazine and I am apparently the victim of copyright infringement

Comments

[illadore]

You have a right to free speech in this country, still. ;)

[czarzhan]

I don't have to "like" them to report the page (bottom of the left column). Although the choices that it gives are limited, I clicked the "Spam or scam" option.

[dr_memory]

(here via nihilistic_kid)

Do you have any friend who are lawyers who'd be willing to do a little work for you on a contingency basis? The amount you'd be likely to get in damages if this went to trial is probably small, but it'd be a slam dunk case, and might be worth the satisfaction just to seem them fold.

(I'm not sure if it's possible to adjudicate copyright claims in small claims court, but that would surely be the best route, since you wouldn't need a lawyer at all.)

[illadore]

Unknown. Looking into it. But thanks !

[delkytlar]

I'm going on the assumption that you didn't actually register the copyright in your article. If you had (and you have up to 5 years after initial publication to do so, but must do so before an infringement occurs), you'd be entitled to statutory damages of between $750 and $30,000, depending on circumstances. Without a registration, you have a more difficult fight, but still a potentially valid claim.

(Note: I am not an IP lawyer, but a publishing contracts and copyrights professional. The above is general information only, and not intended as legal advice.)

[dr_memory]

Is registration actually necessary? My (not-a-lawyer) understanding of the Berne Convention is that copyright is assumed to be inherent once a written work is created: registration might make proving authorship a smidge easier, but that's about it.

(And of course, the fact that the idiot admitted to lifting the article hopefully makes the question moot.)

[amergina]

Lawyer up.

[chriscoxadobe]

Agreed. People like that really need to learn lessons the hard way.

[amergina]

Hit the gym.

As a copyright lawyer...

[amergina]

It seems to me - based on the facts I read if I assume are all true - that your case is clear. There was copying, and they admitted that. They did not have your permission (you have the "right" to say who makes "copies" of your work, hence the name "copyright"). Merely posting something on the web does not make it public domain or imply your granting of permission to copy, otherwise all of the New York Times online content and Dreamworks' movie trailers, just for example, would be free for me to use. And, thinking that one had the right to copy does is not a defense - there is no "honest mistake" exception to copyright infringement, as there is in other areas of the law

[savia]

Besides legal stuff, embarrassment in public is the way to go. I'd identify some publications and media outlets that would be likely to run with a story like this. Given the ridiculous reply that you got (seriously, who DOES that?) and the completely unapologetic nature of the communication, I'd say they're deserving of whatever bad press they get over this.

So uncool.

(Also hi, I got here from nihilistic_kid)

site to run this on :)

[savia]

i'd check w/Techdirt.com to get them to run this. they love IP/Patent type of stories!!

F%#%# mainstream publications, still think they are better than us little guys/gals :)

bloggers ftw!!

Re: site to run this on :)

[savia]

I got here from techdirt.. and have about 30 tabs open on this topic atm.

Copyright, schmopyright, right?

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