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JuanDeFuca
Big Wall climber
Stoney Point
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Topic Author's Original Post - Apr 29, 2006 - 08:58pm PT
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Does a major book publisher have to obtain one's permission before they republish ones photos and text. McGraw Hill lifted photos off my website and republished my advertizing text word for word.
Jeff
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mark miller
Social climber
Reno
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Apr 29, 2006 - 09:00pm PT
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Sorry Jeff. do you feel dirty and used?
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JuanDeFuca
Big Wall climber
Stoney Point
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Topic Author's Reply - Apr 29, 2006 - 09:06pm PT
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Maybe I just won the lottery!
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WBraun
climber
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Apr 29, 2006 - 09:09pm PT
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Maybe means you didn't!
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WBraun
climber
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Apr 29, 2006 - 09:33pm PT
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I have looked through this book before Juan.
The Seismograph chapter was cool and if it's truly yours you did a fine job. I know you are good at this.
As for legal advice I'm sorry as I know nothing of this matter.
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Ouch!
climber
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Apr 29, 2006 - 09:44pm PT
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If you are looking for advice, I suggest you talk to Locker. I'm sure he would be happy to lay some good sh#t on you.
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JAK
Sport climber
Central NC
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Apr 29, 2006 - 09:51pm PT
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IIRC photographs taken by you yourself are copyright material by default and anyone reproducing them for commercial purposes must get the express written consent of the NFL.
I mean you. The express consent of *you*. My mistake.
Anyway, laws vary by state and I could be out of date (I seem to recall this from my college days when I worked in an office supply store with a copy dept. - we had to get customer permission to use their photos in their copy orders because of copyright laws). Seek out your local attorney.
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Tom
Big Wall climber
San Luis Obispo CA
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Apr 29, 2006 - 09:55pm PT
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Yes, they violated your copyright. The copyright exists from the moment you create the work of creativity, writing, sketch, photo, etc.
But, if you didn't register it with the Library of Congress (about $20, a copy of the work and a form you can get online) you have little legal recourse. Specifically, I don't think you can bring a suit in Federal Court; filing the copyright keeps the he said/she said to a minimum for them.
A letter to the magazine might be enough, though.
Gripped Magazine published an article, and used a photo of mine w/o permission. I just let it go, figuring they were amateurs and it was NBD to me.
Later, someone referenced a few passages from that article on RC.COM and the editor came unglued. It was pretty funny. She sprayed all sorts of cease and desist language. I wanted to write them, demanding that they recall the issue, give me $$$, or a year's free ads.
I just let it go, though. I hadn't registered the photo with the LOC, and worse, Gripped is a hoser mag. I wasn't sure I wanted to fight them in the Hague.
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pc
climber
East of Seattle
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Apr 30, 2006 - 10:48am PT
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Hmmmm....Peter and the Wolf?
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kimgraves
Trad climber
Brooklyn, NY
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Apr 30, 2006 - 12:49pm PT
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Hi Jeff,
My partner, Masha Zager, who is a professional writer, tells me that you do NOT need to register your writing (she doesn't know about photographs, but you'd imagine it is the same) with the LC in order to have the copyright. You have the copyright by definition. It's just easier to prove if you're registered it.
If McGraw Hill lifted and printed your work without your permission they are in violation of your copyright - period. It's certainly worth a phone call to McGraw Hill telling them what happened just to see what their reaction is.
Best, Kim
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looking sketchy there...
Social climber
Latitute 33
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Apr 30, 2006 - 01:00pm PT
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Kim is correct, applies to photos as well.
Email me if you want a referal to a Copyright atty in So. Cal.
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Jerry Dodrill
climber
Bodega, CA
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Apr 30, 2006 - 02:19pm PT
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Juan,
This sounds like digital theft AND plagiarism. McGraw should know better, but often people grab stuff off the web and think they won't get caught. You may want to try to establish whether the author stole the material and passed it along to McGraw Hill, or whether the publisher knowingly published stolen material. Who is at fault?
Exact wordage is important in these things. Please clarify. You said they "republished" your work. Did you license the work to them previously, and this is a reprinted publication? Or did you have no prior contact with them and they simply stole it and published it?
Either way you have a case if you did not give them permission. The reprint situation can probably be settled directly. They need to pay you for each individual use and re-use. But if they stole it outright, you can go for plagiarism and digital theft, or willful infringement of copyrighted material. Digital theft has heavy penalties. It doesn't matter if it's registered with LOC or not, but you have a stronger case if it is. If your work has appeared in other publications previously it will help establish your case, as the work will be copyrighted as part of that publication, which IS registered with LOC.
I prefer to hit them hard up front with a settlement offer of four times market value. If that doesn't work and you still want to go after it, you hire a copyright attorney. Usually when they get the letter from the lawyer they start trying to pay your settlement offer. Don't let them, because now you want to collect your attorney's fees as well. The lawyer will collect your damages and his/her fees. I'm not the litigious type, but take protection of my copyrights very seriously. It's a matter of already under-paid artists needing to stay in business and make a living.
JD
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pyro
Trad climber
stoney point,ca
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Apr 30, 2006 - 03:39pm PT
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"we the people", offer free legal help.
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JuanDeFuca
Big Wall climber
Stoney Point
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Topic Author's Reply - Apr 30, 2006 - 04:03pm PT
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Thanks for all the wonderful replies. At this point I am still pondering it. In one sense I get a lot of free advertising, in another I may lose sales.
I wrote a brochure describing my sensor and system. This was reprinted in the book exactly. To one reading the book it would appear as the author was writing it.
The USGS wrote a manual for the seismometer and this was also duplicated.
It was so bizarre, yesterday I really needed a cup of coffee so I zip into the Barnes and Noble. After getting my coffee I cruise over to the engineering books as I do, and see this new book on sensors.
As I am flipping through the pages I see the mention of this AS1 seismic sensor, and think that's wierd thats the same designation as my sensor.
I turned the page and I see all my photo's. I was kind of in shock.
They do give me credit for the design and all.
As I write this I see a Magnitude 6.0? just occured somewhere in the world.
Oh well, I am off hiking now.
Jeff
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Jerry Dodrill
climber
Bodega, CA
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Apr 30, 2006 - 07:08pm PT
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Sheesh. That's a blatant infringement. They even gave you credit, proving their wrong doing. Copyright law is clear that giving credit to the originator/creator does not constitute compensation. They must have your consent, and if the book is for sale it can't be considered fair use, even if it's editorial/educational.
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