Help me - copyright infringement

Discussion in 'Legal Issues' started by vabeaty, Jun 23, 2009.

  1. #1
    Ok, so a couple months ago this guy asked a lot of writers for samples in order to determine a writer for a rather large project.

    Like most others who fell victim, I did submit a sample. But, I did inform him that should he choose NOT to hire me, the sample would remain mine. He never paid for it, so I retained all rights.

    Last month I found out that he had started a HubPage with MY content.
    Then today, I received a notice that my content could not be published (on an article site) because it was already in use by someone else ....again!!

    I have notified Google of the problem, since this guy has the page on Blogger. I have sent him a rather nasty email telling him to STOP using my content.

    Now, I don't have this content published anywhere else yet, but I had planned to publish it myself. I did a lot of research on this review and plan to use it for my own recognition.
    I do, however, have the original email that I sent him with the content attached.

    Is there any way to make him stop re-using my work over and again?

    Thanks for any help/advice you can give. I have never had this problem before and just really don't have any idea how to handle it.
     
    vabeaty, Jun 23, 2009 IP
  2. OnInternetBusinessGuide

    OnInternetBusinessGuide Well-Known Member

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    #2
    Sadly this kind of case is costly. To me the only real way is using the service of a lawyer. Send a legal letter to the guy. You may need to fight in court, but usually that is totally out of range.
     
    OnInternetBusinessGuide, Jun 24, 2009 IP
  3. ZoidTech

    ZoidTech Banned

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    #3
    I agree, the only thing you could really do for this go to court. That would cost a lot though and would not be worth it really.

    -Z-
     
    ZoidTech, Jun 24, 2009 IP
  4. jonathanfigaro

    jonathanfigaro Peon

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    #4
    i suggest getting a lawyer or start over.
     
    jonathanfigaro, Jun 24, 2009 IP
  5. contentboss

    contentboss Peon

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    #5
    get a lawyer??? For one article??? Are you MAD????

    Just let it go, and learn from your mistake.
     
    contentboss, Jun 24, 2009 IP
  6. Ecomatrix

    Ecomatrix Well-Known Member

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    #6
    find out where he lives and kick him in the balls
     
    Ecomatrix, Jun 24, 2009 IP
  7. xxmalouinxx

    xxmalouinxx Peon

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    #7
    Unfortunetely, I would say to start over again. It just to bad for you, but do you really have the money to hire a lawyer when you sell online articles ? I'm gonna talk for myself : Not me.
     
    xxmalouinxx, Jun 24, 2009 IP
  8. spice

    spice Active Member

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    #8
    learn from your mistake and move on
     
    spice, Jun 24, 2009 IP
  9. NLmedia

    NLmedia Peon

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    #9
    Well, I know this happens to a lot of people. People cross sell their written content. Meaning someone freelances them to write for them. After they complete the content they assume the buyer has already posted the content somewhere. So he will maximize his profits and post them on his own blog or sell them in an un-unique article package.
     
    NLmedia, Jun 25, 2009 IP
  10. waxman1000

    waxman1000 Peon

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    #10
    Rewrite your content and forget about the looser.
     
    waxman1000, Jun 25, 2009 IP
  11. holden30

    holden30 Peon

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    #11
    Sorry.... but copyright infringement is costly and will require you to sue. Or ask an attorney to send him a very official looking letter for DMCA infringement...I have found that an attorney letter works wonders.
     
    holden30, Jun 25, 2009 IP
  12. thomytom

    thomytom Banned

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    #12
    IGNORE SPECULATIVE WORK

    [​IMG]

    never provide free upfront work, i know this may sound odd to you...but this is an mistake we all freelancers do and only then learn from it. Comp work is something all freelance service providers schould ignore to participate in..."I have ton of work coming your way if you can prove me your service is good and provide me with 1-2 samples with my requirements, this schould be easy job for people like you who knows what they are doing!!"...does it sound familiar to you?

    This doesnt happen only in the writting industry, but is an common practice in the design world as well...many design and advertising agencies used to use this method to get free sample ideas to their own clients projects. When one of their client hire them for a job...lets say corporate logo and stationery design, agencies never produced the concept ideas in-house...they simply visit places like DP and post an "promissing" post. Then we idiots jump on it and start to produce free mockups for them in order to be considered...WRONG!! Then once this agency have collected enough good ideas and choosed the best from them, they take it to their own client and provide it as their own ideas...client choose the best concept. Only then the in-house designer seat and clone/reproduce the creation fast into working PSD/AI file format...results?...well, very easy to explain, the agency got ton of valuable ideas for free in no time and charged ton of money their client for doing nothing. Never forget, that we freelancers sell 2 things, ideas and time...then why you schould provide your ideas and time for free???

    In other words, there are many people out there who wont hasitate to use your content in any manner, dont forget that you never need to prove your skills or knowladge to anyone on this planet...get an website with your portfolio samples and have some of your existing customers write reviews, then if an potential client comes with such request, simply redirect them to your portfolio and client feedbacks. Your portfolio is the mirror of your knowladge and skills...if the potential client still doesnt believe you, then let him/her go look for a solution else where but never provide free sample services or mockups!!

    As to your case, just forget it and let it go, but learn from your mistake...my 2 cents.
     
    thomytom, Jun 27, 2009 IP
  13. JonCat

    JonCat Peon

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    #13
    Hit his host with a DMCA takedown notice.

    If both you and the other person are in the US, check your local district rules on small claims. In WA state I could file for this in Small claims, and more than likely get a judgment (Because its doubtful he would show, and Attorneys are not allowed). You could then use the judgment (again depending on your state and his) to garnish his bank account or pay checks. Really not as hard as it sounds.

    But for one article? Just send his host a notice.

    Jon
     
    JonCat, Jul 5, 2009 IP