Discussion:
What is the name of your state?What is the name of your state?What is the name of your state? Missouri
I am editor for a specific topic at a large online forum. The articles we write normally bear our copyright. I left my editing position for about six months and someone else became the editor of the topic. I returned when that editor vacated the spot. About a week ago I was contacted by someone representing a personality that I had written an article on before I left the editing position. They were asking permission to reprint it in whole or part. I decided to google that article to refresh myself on its content and was surprised to find that the article I had written now bore the name of the editor who had come behind me as the author of the article. Shocked, I pulled up a couple of other articles that I had written during that inital editing period and found they too now had the other editor's name attached to them as author.
Both major articles were such that I had written them either by request of the personalities management team or I had personal interaction with the personality and they were aware and cooperative in helping me put together the article. I bought it immediately to the attention of the Online Forum's owner/host that there was a glitch and to my surprise am now dealing with all types of resistence to the fact these are articles I wrote. The premise of the host is that it is "impossible" for the software they use to attribute copyright to an article to make such an error.
I have given the host amble proof that the articles originated with me and rather than trying to get to the bottom of the issue, which I would think would be to simply contact the other editor and confirm that they did not in fact author the articles, the forum's owner continues to insist that I had to somehow be responsible for the glitch or that I am not in fact the true author.
I'm angry now and ready to seek legal recourse. How do I move forward?
Answer:
Sorry, but EDITORS don't get copyright protection on work created by others.
Answer:
What is the name of your state?What is the name of your state?What is the name of your state? Missouri
I am editor for a specific topic at a large online forum. The articles we write normally bear our copyright. I left my editing position for about six months and someone else became the editor of the topic. I returned when that editor vacated the spot. About a week ago I was contacted by someone representing a personality that I had written an article on before I left the editing position. They were asking permission to reprint it in whole or part. I decided to google that article to refresh myself on its content and was surprised to find that the article I had written now bore the name of the editor who had come behind me as the author of the article. Shocked, I pulled up a couple of other articles that I had written during that inital editing period and found they too now had the other editor's name attached to them as author.
Both major articles were such that I had written them either by request of the personalities management team or I had personal interaction with the personality and they were aware and cooperative in helping me put together the article. I bought it immediately to the attention of the Online Forum's owner/host that there was a glitch and to my surprise am now dealing with all types of resistence to the fact these are articles I wrote. The premise of the host is that it is "impossible" for the software they use to attribute copyright to an article to make such an error.
I have given the host amble proof that the articles originated with me and rather than trying to get to the bottom of the issue, which I would think would be to simply contact the other editor and confirm that they did not in fact author the articles, the forum's owner continues to insist that I had to somehow be responsible for the glitch or that I am not in fact the true author.
I'm angry now and ready to seek legal recourse. How do I move forward? About a week ago I was contacted by someone representing a personality that I had written an article on before I left the editing position.
You need to hire a good copyright lawyer and sue them IF your damages are enough.
The same thing happened to me once; the bad guys lost and I won (in federal court). I loved it.
Answer:
Sorry, but EDITORS don't get copyright protection on work created by others. In this instance Editor is just the title the writers have for the topic they host on this forum. I "wrote" the articles, I did not edit them. For clarity, I am the author of the articles in question.
Thanks for your response.
Answer:
In this instance Editor is just the title the writers have for the topic they host on this forum. I "wrote" the articles, I did not edit them. For clarity, I am the author of the articles in question.
Thanks for your response. You were quite clear in your first post that you were the author....
Answer:
You were quite clear in your first post that you were the author.... Only to those who have mud for brains. The original post CLEARLY says editor.
And to help the uneducated.....
editor, n.
1. One who edits, especially as an occupation.
2. One who writes editorials.
3. A device for editing film, consisting basically of a splicer and viewer.
4. Computer Science. A program used to edit text or data files.
Answer:
Only to those who have mud for brains. The original post CLEARLY says editor.
And to help the uneducated.....
editor, n.
1. One who edits, especially as an occupation.
2. One who writes editorials.
3. A device for editing film, consisting basically of a splicer and viewer.
4. Computer Science. A program used to edit text or data files. Nope; you are clearly wrong, JETX.
The first post contained this sentence:
About a week ago I was contacted by someone representing a personality that I had written an article on before I left the editing position.
Answer:
In this instance Editor is just the title the writers have for the topic they host on this forum. I "wrote" the articles, I did not edit them. For clarity, I am the author of the articles in question.
Thanks for your response. Yeah, go ahead and follow 'senorjudge' advice. No attorney will take this case on contingent.... so you better be ready to toss about $5k-$7k at this 'problem'.... or more if a federal matter.
And considering it was a FREEBIE (internet forum) anyway************** ???
Further, depending on the specifics of your 'editor agreement' with the forum OWNER.... you may not even have ANY copyright claim.... but don't worry... 'senorjudge' apparently forgot that concern.
copyright
1) n. the exclusive right of the author or creator of a literary or artistic property (such as a book, movie or musical composition) to print, copy, sell, license, distribute, transform to another medium, translate, record or perform or otherwise use (or not use) and to give it to another by will. As soon as a work is created and is in a tangible form (such as writing or taping) the work automatically has federal copyright protection. On any distributed and/or published work a notice should be affixed stating the word copyright, copy or ©, with the name of the creator and the date of copyright (which is the year of first publication). The notice should be on the title page or the page immediately following and for graphic arts on a clearly visible or accessible place. A work should be registered with the U.S. Copyright Office by submitting a registration form and two copies of the work with a fee which a) establishes proof of earliest creation and publication, b) is required to file a lawsuit for infringement of copyright, c) if filed within three months of publication, establishes a right to attorneys' fees in an infringement suit. Copyrights cover the following: literary, musical and dramatic works, periodicals, maps, works of art (including models), art reproductions, sculptural works, technical drawings, photographs, prints (including labels), movies and other audiovisual works, computer programs, compilations of works and derivative works, and architectural drawings. Not subject to copyright are short phrases, titles, extemporaneous speeches or live unrecorded performances, common information, government publications, mere ideas, and seditious, obscene, libelous and fraudulent work. For any work created from 1978 to date, a copyright is good for the author's life, plus 50 years, with a few exceptions such as work "for hire" which is owned by the one commissioning the work for a period of 75 years from publication. After that it falls into the public domain. Many, but not all, countries recognize international copyrights under the "Universal Copyright Convention," to which the United States is a party.
Answer:
Nope; you are clearly wrong, JETX.
The first post contained this sentence:
About a week ago I was contacted by someone representing a personality that I had written an article on before I left the editing position. And as usual.... you are jumping to conclusions without any basis in fact.
It is VERY common for EDITORS to assume that their editing is somehow 'authoring' or protected actions. That is why the KEY word here (at least until later clarified by the OP)..... is EDITOR. If you had any experience in this area, you would have 'caught' that.
An EDITOR is not an author.... but often thinks they are and uses 'I had written' very commonly.
Answer:
About a week ago I was contacted by someone representing a personality that I had written an article on before I left the editing position.
You need to hire a good copyright lawyer and sue them IF your damages are enough.
The same thing happened to me once; the bad guys lost and I won (in federal court). I loved it. I am NOT a copyright lawyer and JETX is not a lawyer of any kind.
So, go ask a copyright lawyer if you have a case because I do not know.
Answer:
I am NOT a copyright lawyer and JETX is not a lawyer of any kind. First, YOU are not a lawyer.
And second, your wrong.
So, go ask a copyright lawyer if you have a case because I do not know. So, what changed your mind??
You originally said the OP had a case.... "sue them IF your damages are enough."
Now you admit you don't know!!