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

[pabsungenis]

Four things you need to do immediately:

(1) Go register your copyright on the article officially. Now. Don't come back and read the rest of this until you do.
(2) DMCA them. Force them to take the article off the website immediately. Google for sample takedown letters.
(3) Find a print copy of the magazine as fast as you can to make sure your article was printed in there as well.
(4) If your article was in the print magazine, or they refuse your DMCA, sue their asses.

Best advice on here

[pabsungenis]

This is the best advice on here. Register your article at the Copyright Office asap. If you're lucky (depending on timing) you might be able to threaten a suit for statutory, rather than merely actual, damages. Unbelievable response!

Re: Best advice on here

[pabsungenis]

Sadly, if the work was created back in 2005 the window for statutory damages will have closed---but it's still good advice. Starting the registration process will still add more weight if you end up needing to threaten litigation at any point; you have copyright in the article they stole even if you haven't registered, but would need to register before you file suit over it.

[wishiwasnt]

I'm an IP lawyer and I concur with the above.

The Nerve

[anonymous]

So they stole your work, AND insulted it? If it was so poorly written they needed to heavily edit it, why'd they want it in the first place, hmmm? AND they told you they'd done you a favor. Wow. The editor is a stone cold jerk, and I say set phasers on obliterate and BLAST HIM.

[anonymous]

When I worked at Kinko's I had a guy who was a lawyer try and tell me that copyright didn't pertain to him. Still didn't make his copies.

Take them to small claims court. No lawyer needed. You can even add in the money it costs to sue in small claims.

copyright law? we don't need no stinking copyright law!

[pingback_bot]

User zombieflowers referenced to your post from copyright law? we don't need no stinking copyright law! saying: [...] and you should be happy we just didn't 'lift' your whole article and put someone else's name on it! [...]

Why not Recipricate?

[anonymous]

Seems there are enough writer types here in this tread. Why not 'edit' Cooks Source, under a new domain and enhance the quality of the magazine to a broader and more aware readership?

Re: Why not Recipricate?

[paradigmshifty]

Because two wrongs don't make a right.

Doing as you suggest makes anyone involved no better than the editor in question, and arguably worse, because it's being done in full knowledge of the illegality and lack of ethics inherent.

Re: Why not Recipricate?

[anonymous]

not if it's done for the sake of parody. then it's protected under fair use.

Re: Why not Recipricate?

[paradigmshifty]

That may be strictly true, but it would be a fine line to walk.

And (IMHO) it would still be ethically/morally wrong due to the intent behind it, no matter how nicely justified. That's my opinion though, and has no bearing on anyone else.