Plagiarism and your copyright
It’s a sobering fact: plagiarism is part of a writer’s life. I have been publishing articles on the internet since 1999 and it was common for me to have my content “stolen”.
There is a saying: “Imitation is the sincerest form of flattery.” I wish they had chosen to copy my red robe and UGG slippers.
Last week, they hit me again. This time it was an e-book. As a “competitor”, I buy several format books every month. Not to steal content, but to read other avenues (there IS more than one way to format your book) and to make sure my content isn’t stolen.
I found an ebook that was well written and clean. And for the first 78% it was fine, then I read the last 3 chapters. That %@#!*! My words stared back at me from my iPad. Even the typo!
After 4 hours of investigation, I found out that the perpetrator used a pseudonym for his e-book; I found out his “real” name, his Twitter and Facebook accounts, his mailing address and phone number AND where he worked. I was a regular second cousin of Sherlock Holmes on two occasions.
But the real problem? It was one of my clients! Once I had his real name, I found his order where he bought my kit, and then copied the content directly from the PDF to his eBook.
So what can you do to protect yourself from plagiarism?
Register a copyright. I know, your work is copyrighted from the moment you put “pen to paper”. BUT, do it anyway. In the US, the cost is only $35 and protects you internationally.
Keep a sharp eye. You can’t be everywhere at once, but your readers can (almost). I have a very loyal customer base and they rallied around me when I was attacked.
Buy books that are “suspicious.” Check out the “look Inside” or get a sample of the book. both are free. If you see similarities, buy the book. You can request a refund within 4 days, if you wish. I generally do not recommend that you buy and return as this can mark your account.
What to do if you discover that your work has been plagiarized?
FIRST. DO NOT CONTACT THE OFFENDER. No matter how tempting it may be, don’t hurt yourself with a direct attack. Leave that to the legal department of the store and your own lawyer. If you have a legal claim, the store will do everything in its power to fix the problem for fear of retaliation.
SECOND. Contact the store. In my case, the offender was in Amazon. At the bottom of each product page is a blue box labeled “Feedback.” There are several options you can choose to comment on the product, including:
Do you think this article violates copyright? Click here
Amazon takes copyright infringement very seriously. I was Misinformed on that fact by a reputable lawyer and hoped that Amazon would never respond on the matter. I was pleasantly surprised when 2 days after contacting the Amazon Legal Department, they notified me that they would remove the offending material. (note: it takes about 3 days for the book to download, I imagine they have a lot of cases to deal with).
THIRD. Get a lawyer. One that can at least draft a cease and desist. Do a lot of the footwork yourself and prepare yourself. Having a registered copyright is a huge advantage, especially if you are going to file a claim internationally. If you pay a lawyer $XXX/hour, you want to get in and out quickly.
Useful information
Copyright Registration (US)
Amazon’s Notice and Procedure for Filing Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Amazon.com’s copyright agent with the written information specified below. Please note that this procedure is solely to notify Amazon that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site, including the auction identification number, if applicable;
- Your address, telephone number and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Once you have collected your information, you can send it by email, postal mail or fax. I decided to fax it and noted the date and time. I also followed up through their crime contact form.
You can contact Amazon.com’s copyright agent to receive notifications of claimed copyright infringement on your site as follows:
copyright agent
Amazon.com Legal Department
PO Box 81226
Seattle, WA 98108
phone: (206) 266-4064
Fax: (206) 266-7010
email: [email protected]Mail address:
copyright agent
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA
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The offending book will be removed from Amazon by Tuesday. My lawyer will send a cease and desist letter to the violator to further strengthen my claim and hopefully deter future violations.
One of the best results of this whole situation was the great amount of support from readers and customers. I can’t even tell you how amazing that felt.