Any copyright attorneys here?

[Wandering Spectator]

I had someone steal one of my true crime posts and make a two-episode podcast out of it. They literally read my post verbatim and claimed it as their own. They said they found all of the documents and were going to post them on Patreon for their highest paying subscribers. Not a single mention of my site.

If they asked, I probably would have given them permission as long as I got credit. Now, I’m considering other options.

Would appreciate some guidance.

DM me if you prefer to remain anonymous.

 

[MacNit2.0]

I had someone steal one of my true crime posts and make a two-episode podcast out of it. They literally read my post verbatim and claimed it as their own. They said they found all of the documents and were going to post them on Patreon for their highest paying subscribers. Not a single mention of my site.

If they asked, I probably would have given them permission as long as I got credit. Now, I’m considering other options.

Would appreciate some guidance.

DM me if you prefer to remain anonymous.

Easier to defend if you registered copyright.

 

[Wandering Spectator]

Easier to defend if you registered copyright.

It’s my understanding that copyright is automatic but I can register for the copyright after the infringement. That would help my case.

 

[retsio]

I had someone steal one of my true crime posts and make a two-episode podcast out of it. They literally read my post verbatim and claimed it as their own. They said they found all of the documents and were going to post them on Patreon for their highest paying subscribers. Not a single mention of my site.

If they asked, I probably would have given them permission as long as I got credit. Now, I’m considering other options.

Would appreciate some guidance.

DM me if you prefer to remain anonymous.

Back in the 'day' - a copyright request could be granted when you copied your document, paid $20 and mailed all the information to the USPTO offices in VA. Today, all the requirements have been either forgiven or forgotten. A copyright is assured when your documentation of stated official content is 'Published'. The USPTO now claims that since the content has been published, it is now the property of whomever made and published said documentation, first.
Now then - have you submitted a trademark request on your work? Has your attorney suggested anything in the manner of protection of your company and for any work completed by you. At this point, you should consider having your attorney submit a 'Cease and Desist' letter to the offending party, and hope. Since you have only depended on 'in the public domain' of your work, you may not be able to claim damages.
Good luck - and contact me if you wish, I am not an attorney, but if you will - I started www.yellowpages.com and we ran into many duplicates. And there are additional stories.

 

[Wandering Spectator]

I plan on registering the work now. If for no other reason than forcing them to a public apology and credit. The podcast has several dozen, if not more, episodes. Who knows how many have been stolen. The podcasters are well-known figures in the genre.

 

[PurposePitch]

I plan on registering the work now. If for no other reason than forcing them to a public apology and credit. The podcast has several dozen, if not more, episodes. Who knows how many have been stolen. The podcasters are well-known figures in the genre.

Is it a younger girl and 2 old guys living in a fancy NY building named the Arconia?

 

[NedFromYork]

Have you asked for credit?

 

[Wandering Spectator]

Have you asked for credit?

Not yet. I'm trying to determine if I should take further action. If they had asked, I would have given them the rights to use it. Now that they egregiously plagiarized my post, literally reading it as their own work, I'm rethinking it. And rethinking future requests to use my content.

While I may not have lost much revenue, they gained revenue directly from my content. It supports their channel. Adds value to their patrons by providing "exclusive content," helps to gain advertisers, and sell merch.

The fact that they published verbatim now minimizes my opportunity for revenue in the future since the "story has already been told," so to speak.

On top of that, they are publishers who copyright their content, so they know they shouldn't just lift someone else's work.

 

[NedFromYork]

Maybe talk to them, see what they say.

 

[Wandering Spectator]

Maybe talk to them, see what they say.

I’d like to be prepared with what I want before I talk to them. Too many options to consider at the moment.

 

[cment]

Even not being an IP attorney, I know a lot about IP.

I concur with the recommendations that you first reach out to them in a non-hostile manner asking for credit.

Keep in mind a lot of these podcasters hide behind 1st Amendment claiming they are journalists.

Also, MANY podcasters outsource research and scripts to the Philippines, Singapore, Malaysia. The podcasters may have no idea it was stolen.

You can always claim a DCMA with the platform they are on. Make sure you have all the evidence and proof you tried contacting them about the issue.

You have to have proof of first use in the public to have any chance.

Again, I would gently contact the party first and then escalate it from there.

 

[Wandering Spectator]

Even not being an IP attorney, I know a lot about IP.

I concur with the recommendations that you first reach out to them in a non-hostile manner asking for credit.

Keep in mind a lot of these podcasters hide behind 1st Amendment claiming they are journalists.

Also, MANY podcasters outsource research and scripts to the Philippines, Singapore, Malaysia. The podcasters may have no idea it was stolen.

You can always claim a DCMA with the platform they are on. Make sure you have all the evidence and proof you tried contacting them about the issue.

You have to have proof of first use in the public to have any chance.

Again, I would gently contact the party first and then escalate it from there.

Agree. I was thinking that it was sooo blatant that there has to be more to the story.

I ran their transcript and my post through AI and it said they used over 90% of my post verbatim or almost-verbatim. They were literally reading my post!

They clearly liked my style of writing and depth of research. I’m considering a proposal where they pay me for the episode they used, then require them to purchase 3 more episodes from me at a deeply discounted rate. That way, they are penalized for copyright via a higher priced episode, but they get more episodes at a deeply discounted rate.

My guess is that they will negotiate a better deal. And that’s ok.

If they reject the offer, I will likely pursue legal action. It was ridiculously blatant plagiarism. I’ll likely share details after a settlement is reached.

Still open to talking with an IP attorney.

 

[cment]

Remember, you have to prove monetary loss if you take them to court. That is a burden to prove.

 

[Wandering Spectator]

Remember, you have to prove monetary loss if you take them to court. That is a burden to prove.

Thanks. I’m learning the nuances of copyright laws. I applied for a copyright. I plan on sending them a notice with a proposal. I’m hoping they are reasonable. I don’t know where they source the content for their other episode. If they do the research themselves, they likely won’t want to pay. My guess is that they will immediately take down the content and apologize, but that’s it. We’ll see.

 

[The Spin Meister]

Thanks. I’m learning the nuances of copyright laws. I applied for a copyright. I plan on sending them a notice with a proposal. I’m hoping they are reasonable. I don’t know where they source the content for their other episode. If they do the research themselves, they likely won’t want to pay. My guess is that they will immediately take down the content and apologize, but that’s it. We’ll see.

If you ask for credit insist it includes a hot link to your page/website and not just a name.

If your site makes revenue for you and your site host maybe you can enlist the host in your fight as they are also losing revenue. And revenue includes advertising ads, click counts, hyperlink interconnections, data collection on visitors, and more.

 

[PurposePitch]

Remember, you have to prove monetary loss if you take them to court. That is a burden to prove.

This is false. In the case of copyright law, you can seek statutory damages, regardless of whether you sustained or can prove actual damages.

 

[PurposePitch]

Thanks. I’m learning the nuances of copyright laws. I applied for a copyright. I plan on sending them a notice with a proposal. I’m hoping they are reasonable. I don’t know where they source the content for their other episode. If they do the research themselves, they likely won’t want to pay. My guess is that they will immediately take down the content and apologize, but that’s it. We’ll see.

“Dear criminals, I want to partner up with you and/or blackmail you, and then I won’t tell on you.”

 

[Wandering Spectator]

This is false. In the case of copyright law, you can seek statutory damages, regardless of whether you sustained or can prove actual damages.

Not necessarily. I believe that I can't pursue statutory damages yet because I didn't file the copyright before their infringement. I have now registered the post. If, after I am approved for the copyright, they continue to infringe, then I can pursue statutory damages.

 

[Wandering Spectator]

“Dear criminals, I want to partner up with you and/or blackmail you, and then I won’t tell on you.”

I hear you, but I'm just trying not to be a d***. If I find out that they have done this with other posts for other people, then that will likely change my path. So far, it seems to be an isolated instance.

 

[PurposePitch]

Not necessarily. I believe that I can't pursue statutory damages yet because I didn't file the copyright before their infringement. I have now registered the post. If, after I am approved for the copyright, they continue to infringe, then I can pursue statutory damages.

17 U.S. Code § 412 - Registration as prerequisite to certain remedies for infringement

www.law.cornell.edu

In any action under this title, other than an action brought for a violation of the rights of the author under section 106A(a), an action for infringement of the copyright of a work that has been preregistered under section 408(f) before the commencement of the infringement and that has an effective date of registration not later than the earlier of 3 months after the first publication of the work or 1 month after the copyright owner has learned of the infringement, or an action instituted under section 411(c), no award of statutory damages or of attorney’s fees, as provided by sections 504 and 505, shall be made for—
(1)
any infringement of copyright in an unpublished work commenced before the effective date of its registration; or
(2)
any infringement of copyright commenced after first publication of the work and before the effective date of its registration, unless such registration is made within three months after the first publication of the work.

 

[PurposePitch]

I hear you, but I'm just trying not to be a d***. If I find out that they have done this with other posts for other people, then that will likely change my path. So far, it seems to be an isolated instance.

I'd say trying to blackmail alleged, but unproven, violators of the law into giving you a sweetheart deal, and wanting to work with said violators, is much more of a "d***" move than simply making them aware of the violation and pursuing legal recourse, as appropriate.

 

[Wandering Spectator]

I'd say trying to blackmail alleged, but unproven, violators of the law into giving you a sweetheart deal, and wanting to work with said violators, is much more of a "d***" move than simply making them aware of the violation and pursuing legal recourse, as appropriate.

Thanks for your input

 

[PurposePitch]

Thanks for your input

Guy, I'm trying to prevent you from getting yourself into trouble. There's legal recourse here. It's not being a "d***" to pursue said legal recourse.

However, trying to shake them down, under the threat of legal recourse ... well, that's not a good look, and could potentially get you into hot water.

Here's an idea ... rather than trying to shortcut the process, and solicit online advice ... actually consult an IP attorney. Let him know about your "plan," too ... see what he says, and then come back to me and roll your eyes.

 

[MacNit2.0]

It’s my understanding that copyright is automatic but I can register for the copyright after the infringement. That would help my case.

Yes. Not sure about timing part.

 

[LionFan87b]

However, trying to shake them down, under the threat of legal recourse ... well, that's not a good look, and could potentially get you into hot water.

Can you expound on this? Negotiating a settlement instead of litigating is very common and oftentimes best for both parties. Are you objecting to the fact that his proposed settlement not only includes compensation for what was already done, but also includes an agreement for additional purchases?

 

[PurposePitch]

Can you expound on this? Negotiating a settlement instead of litigating is very common and oftentimes best for both parties. Are you objecting to the fact that his proposed settlement not only includes compensation for what was already done, but also includes an agreement for additional purchases?

From Mr. Google, Esq ...

-------------------------------

Negotiating a settlement and extortion are distinct concepts, although the line between them can be thin in certain situations. Negotiation involves reaching an agreement between parties to resolve a dispute, often with the help of a mediator or other professional. Extortion, on the other hand, is an unlawful act where someone uses threats or coercion to force another person to give them something of value.

Elaboration:

• Negotiated Settlement:
  .Opens in new tab
  This is a legal process where parties discuss terms and conditions to resolve a dispute amicably. It often involves a mediator who helps facilitate the process.
  
  
• Extortion:
  .Opens in new tab
  This is a criminal act where threats are used to compel someone to act or give something against their will. It often involves making a threat of harm, revealing private information, or accusing someone of a crime.
  
  
  
  
  
  
  

 

[PurposePitch]

Can you expound on this? Negotiating a settlement instead of litigating is very common and oftentimes best for both parties. Are you objecting to the fact that his proposed settlement not only includes compensation for what was already done, but also includes an agreement for additional purchases?

Practically speaking, the differences that I quoted above are demonstrated via utilization of the legal recourse I recommended to him earlier, or doing things "on the side." That's not the only difference, practical or otherwise ... but, traditionally, you'd notify them of a potential claim, give them time to rectify, and then follow up, as needed and appropriate. If they reach back out to you with something to quash the beef, as it were, then you agree to a formal settlement. There may be a mediator. There's legal representation. Etc. There's legal formality. There's teeth. There are variations to the process, but that's the gist.

Reaching out to someone and saying "hey, buddy, I know what you did, and if you don't give me this, that and the other, I'm suing you" ... well, now that has definitely blurred the lines, at the very least. And if you're asking for "extras" that don't have anything specifically to do with the alleged harm here (like, when he suggested some kind of additional deal for compensation for more stories), then it's even blurrier.
Again, this is why I suggested he reach out to a lawyer. It could/should be a simple thing to take care of if he goes that route. It gets stupid, dangerous and possibly even criminal on his end if he tries to work something out "under the table." He can send them notice without legal representation (though it's easier and safer with it), but from then on, any steps should follow the legal steps.

 

[Fac]

When they broadcast his material, he should call up and say to them. Your story sounds exactly like a story that I have read by Wandering Spectactor, who, btw is a friend of mine. See how they respond.