Blogger Makes Copyright Thief Pay
Just great. I write in I See Rude People about how we need to stand up for ourselves against the thieves and bullies of the world -- even the small-scale ones -- and this guy exemplifies what I'm talking about. (I was greatly impressed by his calm -- he sounds like me on six sleeping pills even though he's addressing injustice that would make me boil.)
Here, the vid as AllAmericanBlogger.com's Duane Lester stands up to a copyright thief:
Lester's blog item about this here:
I have been asked why I'm writing this article. Some think it might be an "IN YOUR FACE!" kind of article.It isn't.
It's to demonstrate the importance of standing up for yourself and your rights, regardless. It's to show how to protect your work from those who would steal it.
It's not hard when you are right.
Consult with others, get your ducks in a row and demand respect for your work.
If you don't, who will?
via @palafo







I hate plagiarizers. I don't generally go out looking for them, but when I run across them I'll attack.
I spoke with one on the phone once. He was angry with ME for accusing him of stealing my articles. Well, he did steal my articles. It did eventually all come down after I published his email address and my readers took it upon themselves to email him.
Jerk.
And so many people that I contact say, "Oh, I didn't know what the rules were!" Hogwash. They know.
Suzanne Lucas--Evil HR Lady at May 15, 2012 2:40 AM
When writing to a business or large-ish company--one you can't visit or access personally--it is better to use snail mail and heavy stock paper still? Is this outmoded?
I'm about to start something with my gym where I have a membership.
Insufficient Poison at May 15, 2012 4:10 AM
Wow! Nothing like getting caught cheating. I love the wife, well this is a fast 500 bucks. He had the perfect answer...no it wasn't...I put my time and talent into it thank you very much. I think this goes back to the idea that blogging is somehow less than real journalism. Just bc an article has been shared on the internet, doesn't mean a newspaper can just claim it as their own. Who did they put on the by-line? they knew what they were doing, they just didn't care. I would love to know what their attorney said and if they have learned a lesson about intellectual theft. Good for him for following up on this and demanding payment.
P.S. Did anyone else notice the old guy's stance changed when he realized he was being filmed? Seemed llike he was getting ready to put on a real show and thought better of it.
Sheep mommy at May 15, 2012 4:45 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/05/15/blogger_makes_c.html#comment-3191794">comment from Insufficient PoisonWhen writing to a business or large-ish company--one you can't visit or access personally--it is better to use snail mail and heavy stock paper still? Is this outmoded? I'm about to start something with my gym where I have a membership.
I think letters get noticed more than email; also, you can send them registered mail.
Amy Alkon
at May 15, 2012 5:27 AM
Sheep I noticed the change in the old guy's demeanor as well. Also, they knew exactly who he was, and they knew exactly what they did. The old guy got caught, tried a flimsy excuse for it, and decided he better just pay up. If he really believed he hadn't done anything wrong, he would have put the call into his attorney while the blogger was standing there. Glad the blogger stood up for himself.
sara at May 15, 2012 6:16 AM
ummmm, i think when you post something on the internet, it becomes fair game. I think the dude should have gone to his attorney. Just my old fashioned opinion.
ronc at May 15, 2012 8:50 AM
Ronc, you would be mistaken. Bloggers are protected by copyright laws, too.
The man did exactly the right thing.
Patrick at May 15, 2012 8:53 AM
Amy Alkon
http://www.advicegoddess.com/archives/2012/05/15/blogger_makes_c.html#comment-3192029">comment from roncummmm, i think when you post something on the internet, it becomes fair game.
No, it doesn't. Your thinking would make it unprofitable, entirely, to be a creator.
Amy Alkon
at May 15, 2012 9:14 AM
Ron, you may be thinking of the old copyright law where you had to register something with the Copyright Office. That's been out of force for decades. Under current law, copyright exists at the time of creation, unless the creator explicitly places it in the public domain. For anything you expect to fight for, it's a very good idea to add a copyright notice, but strictly speaking it's not required.
Cousin Dave at May 15, 2012 10:43 AM
Cousin Dave is correct, in that copyright exists on original works when you create them (articles, photos, programs, etc) unless they are done as work-for-hire or contract work with the payer assuming copyright.
It doesn't need the (c) but it doesn't hurt. I put it in the EXIF data on photos just as a CYA.
DrCos at May 15, 2012 12:05 PM
Cousin Dave: Yes, a copyright notice is nice. It's a clear
indicator and establishes a basis for willful copyright violation
for those who would steal the work.
More important is to register the work. Get it registered within
three months[1], and you're entitled to statutory damages plus your
attorney's fees from the violator. That's a powerful tool to
motivate a settlement.
[1] That's not the only way, but it's the only way that isn't
a crapshoot.
Ron at May 15, 2012 6:55 PM
I LOVE this blogger! (And the guy's wife in the background is hilariously unrepentant about being caught as thieves - the teen defense of "everyone is doing it.")
DrCos, you're only partly correct - the copyright exists automatically as soon as a work-for-hire is created as well - no real difference in that respect.
Ron, it's not necessary to register the work unless and until you are going to sue. But since you have to go to federal court, it's not feasible for most people - certainly not in a blogger versus small town paper situation.
Yes, you get attorneys' fees if you win - but good luck collecting - it usually takes more attorneys' fees and time, and that's assuming there are any assets to go after. And you won't find a decent lawyer who will take it on spec, so you'll have to spend thousands of dollars just to collect statutory damages, which are pretty minimal, unless you have multiple instances of infringement.
The sad thing is that it can be very difficult to enforce your rights sometimes, even when those rights are crystal-clear-cut, like in this situation. That's why self-help like this blogger did is so great.
Melissa W at May 16, 2012 4:40 PM
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