Forum Moderators: LifeinAsia
I have no issue with the articles still being on the company site, but after I left they removed my name form the articles and put in someone else's instead as the author. So much for giving credit where credit is due.
I emailed the company owner and did not get a response. Is there anything I can do, or should I just leave it as is?
I assume you were paid for the time it took to write the article. If so you need to just forget it they own it and can put whoever they want on it, unless of course in your contract with them you have this in writing other than that forget it....
Possible actions:
* Have a lawyer send them a nasty letter
* Send a DMCA takedown request to their ISP
* Sue them
At this point, you're much better off talking to a lawyer than a bunch of webmasters. There are a couple potential issues: (1) their distribution of your copyrighted material, and (2) the plagiarism of someone else republishing your work under his name.
If it's a work for hire, they own it and can do as they please. If you own the copyright, then it is plagiarism...There are a couple potential issues: (1) their distribution of your copyrighted material, and (2) the plagiarism of someone else republishing your work under his name.
Thanks for the responses.
As a bit of clarification, they do have the right to use the articles - I was just not sure if they had the right to change them or put someone else's name on it as the author - AKA plagiarism.
I did some more research on the matter and what I found is that for articles that were works for hire, they can display and use them, but not change them or claim that someone else wrote them.
Now I have to decide if I want to lawyer up, or try and contact their hosting company about it.
As a bit of clarification, they do have the right to use the articles - I was just not sure if they had the right to change them or put someone else's name on it as the author - AKA plagiarism.
As a bit of clarification, they do have the right to use the articles - I was just not sure if they had the right to change them or put someone else's name on it as the author - AKA plagiarism.I did some more research on the matter and what I found is that for articles that were works for hire, they can display and use them, but not change them or claim that someone else wrote them.
A bit late to the party here, but I'll chuck in my two penn'orth anyway.
Your clarification states that they do have the right to use the articles - presumably, your ex employer owns the copyright?
Generally, under any 'work for hire' agreement, this is the case, and as copyright holders, they are also entitled to edit, amend or change the article as they see fit, and are not obliged to credit you as the original author. The employer is seen as the author, not the individual employee. The US does not recognise 'moral rights' in the way countries outside the US do.
Under US law, the copyright holder has every right to authorise derivative works - so the clear question here is who is the copyright holder? You, or your ex employer?
Usual disclaimer - IANAL - but you'd be wise to check with one before you issue potentially damaging notices. :)
They should either leave you on the author byline or put for """paper commissioned by the company name"""
Outright taking credit for a work that isn't yours.... didn't "milli vanilli" get into trouble for this and even had awards for the work taken away.
It is one thing to commission a work for your company it is quite another to pass it off as the work of another. Regardless of any copyright law... that is plagiarism.
Imagine I hire a famous photographer to take photos for me and and it is a "work for hire" situation.... I can't them claim I took the photos, put them on my website and in my portfolio and claim I am the creator of the work. It just doesn't work that way.
Ghost writing is what it is called when you create a work for someone and they are going to claim it was them and not you. I doubt you agreed to such a thing.
[edited by: Demaestro at 5:55 pm (utc) on Oct. 15, 2007]
