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 Post subject: Jerks stealing my copy
PostPosted: January 3rd, 2006, 4:11 pm 
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Joined: October 8th, 2003, 4:46 pm
Posts: 687
UPDATE: Monday, Sept., 1, 2008

I have just received an eMail from Vincent Salera calling me "juvinille" (he does like to call me names, it seems) and insisting I remove his eMails, posted below, immediately. So, I will instead rewrite his eMails in my own words. His words will be in quotation marks. I have also removed the jpg screen capture from my site.


ORGINAL POST

Once again, my poor little paragraph has been lifted from my website. I sent my usual, pretty chipper note asking the person who borrowed the material to please reword it or remove it. Usually, it's no problem and the person apologizes. Not only does this jerk not apologize, he denies he stole it and tells me if I am so worried about it, I need to get it trademarked (I am in the process).

Anyway, the paragraph is on my site at www.bookcoverexpress.com - the very first paragraph. Here's a screen capture of what was on his site: http://www.bookcoverexpress.com/bookidol.jpg

Am I going crazy or is this not a copy/paste job?

Here are the eMails - my first eMail is at the bottom.

Cathi




Date: Tue, 03 Jan 2006 12:41:50 -0600
From: Vincent Salera


"(copy removed)... there is NO need to be so rude and unprofessional, you did not invent the wheel with your text," Mr. Salera then says that his webmaster changed the text several days prior and added, "we do not have anything to apoligize for (copy removed) . . . you should make your text registered trademarks."


----- Original Message ----- From: "BookCoverExpress" <bookcoverexpress@accesscable.net>
To: "Vincent Salera" <vincent@bookidol.ca>
Sent: Tuesday, January 03, 2006 1:29 PM
Subject: Re: Please remove my work



Well, it was my exact text, word-for-word, as I demonstrated. Just remove it, if you're not going to apologize, that's on you.


Cathi

Date: Tue, 03 Jan 2006 12:41:50 -0600
From: Vincent Salera


"(copy removed)...and did not use any text from the site... (copy removed. The site he says he didn't use any copy from was my site, where the copy was originally posted)."




----- Original Message ----- From: "BookCoverExpress" <bookcoverexpress@accesscable.net>
To: <vincent@bookidol.ca>
Sent: Thursday, December 29, 2005 8:19 PM
Subject: Please remove my work



Dear Sir/Madam,


It has come to my attention that the following paragraph appears on your website http://www.bookidol.ca/contactus.html:



"IS BOOK COVER DESIGN IMPORTANT?


Professional book cover design is a MUST! Readers, retailers and reviewers glance at a book for only a few seconds before they make a choice. Make sure it's your book they're choosing."


Unfortunately, that has been lifted, word for word, from the front of my website, where it has been for many years: www.bookcoverexpress.com. You can either credit me as the source, rewrite it or remove it.


Thanks so much.


C. Stevenson


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 Post subject:
PostPosted: January 3rd, 2006, 4:19 pm 
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Joined: July 12th, 2005, 8:45 am
Posts: 529
Location: Tacoma WA
Ew! Icky!

I wish I had something profound to tell you, but I'd be pissed. Sounds like he didn't like being called on the carpet.

I am behind you. If THAT'S any consolation.

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If it's worth doing, it's worth writing about.


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 Post subject:
PostPosted: January 3rd, 2006, 4:41 pm 
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Joined: March 6th, 2004, 6:06 pm
Posts: 1110
Location: Phoenix
Cathi,

Lifting text from your site is illegal. It's automatically protected by copyright, and he cannot use it without your permission. Contact the host service for his site and tell them what he's doing. Include your correspondence as well. In most cases, the host will order him to stop or else drop his site from their service. Pass this problem onto Angela. She may be able to give you more specific advice.

Good luck.

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Jeanne


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 Post subject:
PostPosted: January 4th, 2006, 1:42 am 
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Joined: March 8th, 2004, 4:38 am
Posts: 2101
Location: Botswana
Trademark your writing???? What are you Coca Cola??
And do I hate people who tell others to behave professionally when they haven't a clue what that means???
He stole your words and that is illegal. (full stop) You have every right to be angry.

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http://thoughtsfrombotswana.blogspot.com/


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 Post subject:
PostPosted: January 4th, 2006, 1:51 pm 
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Joined: October 8th, 2003, 4:46 pm
Posts: 687
When he wrote the part about inventing the wheel I was very tempted to say "that would require a patent." I wonder why someone in publishing doesn't know the difference between copyright and trademark, anyway? The only reason I am going to trademark the phrase is because it is so often stolen and a trademark has a lot more bite legally, but it's fully protected by copyright.

I don't think I was rude at all although I did respond to his last eMail with:

"I was not being rude. The text is currently being registered, but you cannot put the R beside it until the process is complete and the TM means nothing. I wish I didn't have to pay to do that, it would be nice if other people simply had some integrity. However, the words are protected by copyright and have been associated with my company for many years. You are not the first person to "borrow" them, you are the first to deny the obvious, though. You stole the copy, pal. That would require an apology in a rational world."

He hasn't written back. I hope someone sends him the link to the Whispers and Warnings section in this weeks Writer's Weekly!

Cathi


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 Post subject:
PostPosted: January 4th, 2006, 3:32 pm 
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Joined: February 6th, 2003, 9:28 pm
Posts: 278
Hmmm... I just went to his website and your paragraph is gone. Something you said must have finally worked!


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 Post subject:
PostPosted: January 4th, 2006, 4:05 pm 
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Joined: July 12th, 2005, 8:45 am
Posts: 529
Location: Tacoma WA
Yup. that is definitely a different paragraph!!! WooHoo for you

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PostPosted: January 4th, 2006, 5:13 pm 
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Joined: April 7th, 2004, 12:10 pm
Posts: 3
I went to the website and couldn't find any copy that looked like yours...what ever you did worked.

Gail


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 Post subject: Updated
PostPosted: September 1st, 2008, 7:27 pm 
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Joined: October 8th, 2003, 4:46 pm
Posts: 687
Well, happy holiday to me! I hope he likes the changes I made to the original post. I wouldn't want to be accused of not following copyright laws.


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 Post subject:
PostPosted: September 3rd, 2008, 9:39 pm 
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Joined: July 14th, 2004, 8:45 pm
Posts: 2399
Location: australia
Cathi, it's obvious why he had to copy your work - the poor fellow can't spell!
Apoligize
Juvinile
!!!


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 Post subject:
PostPosted: September 4th, 2008, 7:26 pm 
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Joined: October 8th, 2003, 4:46 pm
Posts: 687
He's now graduated to 14 pt bold, uppercase red and black letters. He's getting a lawyer. Apparently, he doesn't understand that I want to hear from his lawyer, because I'm hoping she will be less abusive. I'd also like to know the identity of that webmaster he is protecting...the one who claims to have written the copy and insinuated I'm a liar.

The other thing I'm interested in is seeing the copyright theft accusation become a matter of public record, because I can prove that copy was mine and that it was on his site.

You know, it's not the first time that copy has been stolen, and almost everyone says that someone else provided the copy...but to be honest, most people just say, "oh sorry" and I say, "no problem." At least that's the way it used to be. In the last few letters I've had to write, I was far more snarky, because I've run into two or three people like this man and I'm very tired of it.

These people are making money off of my work...those words are important to me and my business and gosh dang it, I own them! Why must I fight so hard to keep them?

What's particularly ironic is most of the people with my content on their sites (and believe me, some have lifted far more than he did, and even used my designs as their own), are supposed to be "creative" people. Isn't half the fun of being creative coming up with your own unique, original work?

So, I stand firm in my assertion that he used my copy without permission then became abusive. I have the eMails and he acknowledged they were his in this last string of eMails, again. If I have to battle this in a legal arena, I believe I'm prepared to do that.

Even if I lose, I win, because even more people will be aware that he stole my copy.

And to think, all this commotion could have been avoided if he had simply said, "ooops, sorry."

I also find it quite intriguing that he never even responded to my original request to remove the copy, yet he writes me, on a holiday no less, and expects me to respond to him immediately. Some people just have a sense of entitlement I will never understand.


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 Post subject:
PostPosted: September 4th, 2008, 7:40 pm 
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Joined: October 8th, 2003, 4:46 pm
Posts: 687
I almost forgot, apparently he has comments from people who have found these posts. I can't wait to see those sworn affidavits and have those people identified. I'm always intrigued by people who think copyrights only extend to them.


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 Post subject:
PostPosted: September 4th, 2008, 11:16 pm 
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Joined: December 9th, 2003, 9:32 pm
Posts: 978
Location: Sedona, AZ
Hi,

You don't need to trademark your copy as it's automatically copyright protected. You only need a trademark if you're using a slogan to promote a product or service, and the copy he stole isn't any of these.

Go here http://www.creativecauldron.com/articlewebThief.shtml to read my article about what to do when someone steals your copy.

Have Fun,
Jeff

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 Post subject:
PostPosted: September 13th, 2008, 7:10 pm 
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Joined: October 9th, 2003, 1:39 pm
Posts: 225
If someone steals your work and posts it to his own site or blog you can send a notice of DMCA. If he still fails to remove the offending material, send a notice of DMCA to his host. Hosts don't want to deal with copyright issues at all and will most likely tell the person to remove the copied paragraph or risk having his site yanked.

The forum at Performancing has a legal issues section which has stock DMCA letters to send both the website owner and the host.

http://performancing.com/forums/perform ... gal-issues

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 Post subject:
PostPosted: September 14th, 2008, 6:16 am 
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Joined: February 6th, 2003, 8:41 am
Posts: 235
Location: UK
From my blogsite:

[i]'All content on this site is © Keith Kellett. You are welcome to put in a link to any item here, but do not copy it into your own blog without permission. Copying someone else's work is theft, and gives you bad karma ... and, if I catch you, I'll see you get it in this life. So there!'[/i]

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