Forum Moderators: not2easy
My site has been up since 1999 and I've always had the copyright notice posted. I talked to an attorney today - he told me that since I did not have a registered copyright, attorney fees are not recoverable in litigation. And since the book is self-published, there is not likely to be much available in damage recovery anyway.
Any ideas?
Mike
I suppose this was asked before, but is it difficult and/or expensive
to register copyright for the contents of a website?
Once having done so, does that registry extend to the constant revisions I will be making to the same site?
3rd thing, just curious: Did the perp bother to name the _source_ of all his information,
or did he/she simply plagiarize it, as if original?
- Larry
Someone else evidently saw a way to make a profit from my work. The fact that my website content has been stolen and is now in print is what stings the most.
I should emphasize that the book is not a verbatum copy. The concept and organization follows my website and some of the wording is altered. That said, proving my work was hijacked is not really the issue -- it's having the resources to enforce whatever copyrights I might have. The book is already in print and being sold as I type this.
[edited by: rogerd at 1:24 pm (utc) on Dec. 12, 2004]
[edit reason] No specifics, please. [/edit]
That tells me to send him a certified letter explaining it with a CC to your lawyer. See what happens then. This forces him to address the issue.
Re copyright, my layman's understanding is that you are entitled to copyright protection even though you did not register officially. You can claim actual damages and block the sale of the book. You just can't get a big statutory damages award.
Browse the archives for ideas. At the very least, you want to either stop the sale of the book or negotiate its continued sale only with proper attribution and a substantial royalty...
[edit]
This is the first step in discovery to know if a case could exist. _____ no doubt makes very little money from this, and his reputation is more important that the dollars.
If he thinks that there could be a bad story whereas he wrote the forward to the book that was plagiarized, he could tell then to remove the copies with his name on them under false disclosure. They won’t argue with him.
[/edit]
[edited by: jim_w at 3:40 pm (utc) on Dec. 10, 2004]
[edited by: rogerd at 8:13 pm (utc) on Dec. 12, 2004]
[edit reason] No specifics, please. [/edit]
You also need to think about what it is exactly you want to achieve through all of this. Whether it be getting the book off the shelves, sueing him
for a certain amount, owning the Mavericks, getting him to cut you into any profit, or whatever you've got in mind.
Certain courses of action may not be in your best interest - again depending on what you want to achieve.
[edited by: rogerd at 1:25 pm (utc) on Dec. 12, 2004]
[edit reason] No specifics, please. [/edit]
As it stands now, my website makes money -- about $60/month after expenses. I wonder if the book profits are that much? If he is making less than a dollar a book, well, I'll bet I'm still ahead of him. Admittedly, if my site was running a net loss my attitude would be a lot different.
Amazon's legal department responded to my inquiry and has given me the means to push plagiarism charges. I'm gonna have to think about it some more.
Generally, attorneys don't do intellectual property work on a contingency basis. Too much time, and payouts are too uncertain. Nevertheless, if you could find a sympathetic attorney perhaps you could work something out, e.g., a payment to cover some upfront costs and a contingency fee if there's a settlement. A high-powered IP firm almost certainly wouldn't consider such an arrangement; perhaps a small-business attorney might at least write a nastygram or two for you. Good luck!
I hope you make an example out of the perp.
I am so disgusted with these types that I would take a minority share of any settlement,
just to see some justice, if I were in your shoes.
- Larry
While there are certainly similarities between the website and book, the book doesn't appear to be a copy although it uses a very similar format. There's a substantial difference in the actual content though, so really the suggestion is that the book may have copied the concept of the site which is much harder to prove.
If it were straight copy-and-paste plagiarism, then your rights are pretty well protected under the law. Prior art would be easy to prove because you can show that your site has been published since 2001 using your old Geocities URL and archive.org. But as it is, I think you are talking about the site concept, which is something that may end up being argued in a court of law... which you might win or lose depending on a whole host of factors. Also, I can see that you're incurred and material or fiscal loss here.
However, if you ever chose to publish a book yourself based on the material on your site, you can easily prove that you hold the copyright. You may want to make a stronger assertion of copyright on your site though.
sportscliche, if I found myself in your shoes I'd be angry about this book too. There are too many similarities here and I would find it hard to believe that the author of the book *wasn't* familiar with your site, but the claim that you make "Someone turned my website into a book!" isn't as entirely straightforward as it seems at first glance.
Added:
1) looking at the contents of the book, I can see that the author has added unique material not on your site.
2) given that it's possible to identify the book and author perhaps some thread moderation is required?
Site Approved: You can send me an email via the sticky link button at left.
And here's the problem.. because it's not an exact copy, then you might well have to "argue" the case either through a lawyer or judge.
Keep an eye on the sales rank, at the moment it's just above 10,000. If it starts selling in quantity, then the risks of taking legal action might seem more appealing.
There is no reason NOT to do this.
It is best to consult an IP attorney to have all the ins and outs of copyrights and registration explained to you. It is worth the investment. Good luck.
Next thing you know the book author might sue YOU instead! (Similar thing happened to me over a trademark issue)
SN
The hijacker has been promoting his book in the national media, including ESPN and FOX Sports. Just burns me.
Here again, YOU don't want to become the "sue-ee", so you would want to talk to legal representation most likely before adding this to your site....
I'd like to think/hope a savvy public will realize they don't have to spend $14.95 to get in a book what they can find on my website for free. Maybe reviews indicating such will eventually show up on Amazon and Barnes & Noble.
Amazon ALWAYS wants reviews....
Failing that, I would talk to Amazon, get a lawyer, and make his life hell.
