Copyright Help! Articles stolen and published

help with copyright law

[jemmap]

Hello,

I have a difficult situation and I'm unsure what my rights are.

I was commissioned for 10 articles, I was not paid and so I investigated the matter.

I found my work published on a website, and it turned out that the owner of the site had purchased the work from a user on Elance.com. The owner of the site has refused to take down my work because he has paid for the content, however I had published the work on a Wordpress site once I had found out my work was stolen. I published earlier than he posted to his website. He has also copied the article onto numerous sites such as Ezinearticles.

I have investigated into the matter and established that the person he purchased from on Elance is a complete fraud and has done this to hundreds of people. I have also contacted Elance about the matter but they claim she has not violated their Terms of Service.

Where do I stand on this? I appreciate that he has paid for the content, but he has paid for stolen content. Surely it's similar to if you purchased a TV from someone who had stolen it- you wouldn't be able to keep it?!

Any advice would be appreciated :)

[Lexur]

I had published the work on a Wordpress site once I had found out my work was stolen. I published earlier than he posted to his website

Maybe rainy days like this make me think slowly but I can't understand how did you know the source from your stolen articles if you've published it in the web. Isn't more simple to think the thieve just copied the articles from your blog?

[Mark_A]

Where do I stand on this? I appreciate that he has paid for the content, but he has paid for stolen content. Surely it's similar to if you purchased a TV from someone who had stolen it- you wouldn't be able to keep it?!

Wait a moment, think who you have a problem with? is it the person who did not pay you for your work? or the person who likes your work enough to have paid for it and is publishing it online.

I think your primary problem is with the person who did not pay for your work! It is them that I would be focussing my attentions on.

[jemmap]

Lexur, I knew the site owner hadn't stolen the content directly from my blog because I asked and he informed me of where he got it - which coincidently is the same person I have had a previous problem with.

[jemmap]

Mark_A, yes of course I have a problem with the person who originally stole the content. I have been chasing them, and dealing with Elance but Elance are unable to stop the person as she has "not violated their Terms of Service". My next step was to ask the site owner if they could remove the content.

[Lapizuli]

I am not a lawyer, but...just as in the case of real estate scams, buying content that is not the seller's to sell does not give the buyer rights to the content. They should know that, but if they don't, a DMCA might be a good opportunity to tell them. :)

[StoutFiles]

Please tell me you researched this issue longer than the one minute it took me to get this information for you.

Elance's Terms of Service:

Pursuant to 17 USC. § 512 as amended by Title II of the Digital Millennium Copyright Act, Elance has
implemented procedures for receiving written notification of claimed infringements and for processing such
claims in accordance with the Act. If you believe your copyrights are being infringed by a user of the Site
Services available at the domain and sub-domains of www.elance.com, please fill out a Notice of
Infringement Form and fax it to Elance Copyright Infringement Notices at 650-316-7501.