Copyright Infringement

[Tinker]

Well I guess it was bound to happen but last night while I was searching the internet for more information on verse forms I followed a link to a column posted at All Poetry.com and was surprised to find 5 of my verse form articles copied and pasted including the example poems I had written for the forms. It was posted by a member there who I do not know and who never asked permission to use my work. There is no acknowledgement of where it was found nor any indication that the poster was not the author. I have left a message expressing my displeasure of someone using my work as theirs and have complained to the moderators at All Poetry. I have received no response as yet.

 

I haven't put up any copyright tags on my articles but simply by posting here should give me ownership of my research and writing. It was not copied from here, it was copied from the articles when they were posted at the Poetry Connection a few years ago before we moved to Poetry Magnum Opus.

 

Anyway, it is just a reminder we are all vulnerable. I actually I have always been of the mindset that when I posted my research it was posted to be used. Used to learn from, to be inspired by, to suggest new ways of looking at the craft. I was surprised at my reaction to finding my work under someone elses name. I was pissed!

 

~~Tinker

[tonyv]

Tinker, it must be frustrating to stumble upon and find out that someone has used your work, without your permission, without even bothering to provide proper credit to you. Our site here does have a blanket COPYRIGHT NOTICE.

 

The US law that controls in these situations is the DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA). I think the first step to take might be to send the offender/offending site a "takedown notice." If this notice isn't shown or described in the link I shared, I'm sure it would be easy enough to find if you were to Google "DMCA Takedown Notice." I have seen this form, and, in any case, I remember it to be a rather simple form. As far as what the next step to take would be should the offender not comply by removing the content, I'm not sure. If the offender is located in a jurisdiction not subject to the DCMA via law or treaty or he is without the US' sphere of influence, it would seem a daunting if not impossible task to obtain any relief.

 

I hope you send the takedown notice to the offender/offending site. I think it would be foolish of it to not comply. If I received a legitimate one, I would certainly comply.

 

Tony

 

DEALING WITH ONLINE COPYRIGHTS INFRINGEMENT IN ACCORDANCE WITH DMCA (contains info on the takedown notice)

[Tinker]

Thanks Tony, I have already received a reply from the moderators at All Poetry who apologized and assured me it would be looked into and appropriate action would be taken. I will follow up and see what happens before I use the form you suggest, although it is a great tool.

 

The moderator suggested that it may have not been deliberate on the part of the poster but just ignorance., they were contacting her. The site not only removes plagerized posts but bans the member for a period of time, the severity of which is based on the extend of the offense.

 

However in the meantime I had been digging around and found a 2nd post by the same poster that included more of my work and several other "educational columns" by the same poster that were a copy and paste of information from the Poet's Garret without credit or permission. ( I am familiar with the site and recognized work by Lenny Roover who is a cyber friend.) I checked and sure enough it came from the site. I notified that site that their work has been posted under another name at All Poetry and responded to the moderator that these posts were also in question.) I also found an article on "plagerism" by the same poster. So she isn't ignorant, unless she copied and pasted the article on plagerism but didn't bother to read it. ~~smile~~

 

In any case, I am glad I posted this topic because I had no idea there was a Take Down Order available and I am sure some others here also are unaware of the form. Thanks again.

 

~~Tink

[tonyv]

It's good that you've heard from that site's admins, Tinker. I hope they follow through and fix the problem(s). Be sure to keep us updated and apprised of the progress. And let us know of any other surprises you may come across during your travels in the on-line literary world!

 

Tony :)

[dr_con]

Tinker-

 

It is worth looking into a creative commons license and adding it as a tag to your work:

 

http://creativecommons.org/

 

I'm moving in that direction for my next poetry project and think it a handy digital age tool:-)

 

DC

[Aleksandra]

I also found an article on "plagerism" by the same poster. So she isn't ignorant, unless she copied and pasted the article on plagerism but didn't bother to read it. ~~smile~~

 

:D how clever

 

Tink sorry to hear this, but glad that it's solved and hope that won't happen anymore. We have an expression - s/he ornament itself with strange feathers. :)

 

Alek

[Larsen M. Callirhoe]

wow tinker i don't know what to say. if there is a poem or reference i want to use from someone else concerning poetry or writing i ask the author for permission to copy their work and keep it in my private files only and i let the person in question know this. if they say no i don't keep it. but i am a honest person tinker. i have told you when i have time i study you resources you provide free of charge. i have learned a great deal from you posts on forms of poetry. i had someone ask me to change a poem i wrote and use it as hers but she gave me credit as originator of the poem. i liked her version of my poem better. actually i was very flattered and i like to make people think deeply when i write some. well sometimes when i write i can control peoples thought processes. sometimes people surprise me though.

 

victor

[Tinker]

Thanks for the tip DC. I will look into it.

 

The problem has been resolved. All Poetry had the poster take down the posts and they apologized. There was some copy and pasting from Poet's Garett also and I let Terry at the Garett know what I saw and he too contacted All Poetry and had the poster remove the posts. I really don't think she was trying to present the work as her own, it was more an act of neglegence than anything. I think she found information she was excited about and included the information in her post by copy and paste, but she neglected to say where she got the information and neglected to say who had produced the work originally. However any outsider coming on her post would think it was she that wrote it. It is over and I am satisfied.

 

Thank you Victor, I appreciate your attention to my work. I am happy for anyone to use it, that is why it is posted here. I just ask that I be given credit for it if you decide to share it with others.

 

~~Tink