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DMCA + newsletters (applicable?)

now we've become spam...

         

lucertola

4:23 pm on May 7, 2004 (gmt 0)

10+ Year Member



this isn't the first time we've found someone republishing our whole stories in a newsletter -- the other times they were pretty amateur efforts and we had disasterous results trying to make them understand that they weren't doing us a huge favor by spreading our stories around. This time it's a company who uses amusing widget stories to sell widgets, they publish them whole make a comment at the end & use the newsletter as a marketing tool. We've given up even trying to make people understand but we consider them a competitor.
They do not, however, archive the newsletter on the site -- is there any way to pursue it?

rogerd

4:57 pm on May 7, 2004 (gmt 0)

WebmasterWorld Administrator 10+ Year Member



Publishing copyrighted material in a newsletter, either electronic or paper, is almost certainly an infringement of the author's rights. Naturally, fair use exceptions may apply, e.g., quoting a sentence or two. Rewritten stories may be able to sneak under the radar, e.g., "According to an article by the Widget Co., widget users are demanding stronger widgets. The article cites research showing..."

It sounds like they are reproducing entire articles or at lease publishing large chunks verbatim.

You can decide whether you should shut down the practice, or perhaps demand more attribution (or linkage if it's electronic). Plenty of authors are happy to have others distribute their content if it results in promoting them or their services. Of course, if the company is a competitor or sells competitive products, seeking financial damages (or at least sending a firm cease & desist) may be the better approach.