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Copyright Infringement and Me

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Previous Entry Copyright Infringement and Me Nov. 3rd, 2010 @ 11:14 pm Next Entry
From:ext_309393
Date:November 4th, 2010 02:57 pm (UTC)

One thing we should point out

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Not defending them, but isn't it true that if they hadn't credited you at all and instead just rearranged some stuff in the article, they would have protected themselves against your allegations of copyright infringement? They actually shot themselves in the foot by giving you credit.
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From:pecunium
Date:November 4th, 2010 07:43 pm (UTC)

Re: One thing we should point out

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No. That would be a defense, more or less, if someone else submitted it but the original work is copyright, and to do what you describe is both plagiarism (which this isn't) and theft.

They tried to avoid that by giving credit. The problem is, they didn't have permission. My suspicion is they expected to be able to say, "You got published, aren't you happy," if someone complained.

That the editor didn't know how to pull off a piece of flim-flam on that front (as a photographer I see this all the time.... "Can we use your work on our flyer/magazine cover/article? Just think of all the exposure you'll get."

To which I say, "exposure" doesn't pay the bills, and previously used work is differently salable. Pay me, and you can use it.

The appalling part is the ones who say, "We pay professionals. Since we found it on the web/flickr, ergo you aren't a professional, and we won't pay you."

To them I say, "if you use it you will pay me first,, or pay my lawyer later."
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