On May 1st, I published an article titled “Changes Implemented After MO Auditor Finds ‘Serious Shortcomings’ In Holt County Sheriff’s Department.” It was significant to me in that it was the first article I wrote utilizing training I received at BlogConCLT and it was very local.
I pushed this article out to my friends who live in Holt County and to fellow bloggers who were at BlogConCLT so they could see how I was using what was taught. One of my friends who lives in Oregon, Missouri, the county seat for Holt County, told me at work last week the local paper finally covered the story.
This was ten days later.
“Oh yeah,” I said. “Can I see it?”
“Yep. I brought it in.”
Here’s a scan of the front page:
Here’s a screen capture of my article, on my blog, and the date it was posted. Compare the two:
Nearly identical.
The only differences I see is the removal of “MO” from the headline and someone added a paragraph to the end of the article, blaming the sheriff for the downgrading of the county’s rating.
Other than that, the scraping of the article was so complete, it included my sub-heading and my typos.
I was stunned, and quite angry. I asked @AskACyberLawyer on Twitter what I should do.
So that’s what I set out to do. Only thing was, I had no idea how to write a letter asserting copyright over my article.
After a little Googling, I found this article, which was a big help:
What is Plagiarism?
Plagiarism is the act of taking someone else’s material and passing it off as your own. As well as pertaining to the written word, plagiarism covers concepts and ideas. Issues of plagiarism often arise in the academic world, where it may carry heavy penalties including expulsion from college.
The Relation Between Plagiarism and Copyright Violation
If a writer’s work is lifted, copied and reproduced by someone else, without the writer’s express permission, this sort of plagiarism constitutes a copyright violation. A copyright violation is a matter of law, and writers have every right to take action against the person who has stolen their work.
Plagiarism and copyright violation are effectively theft of the creative output of another person, but it is important to note that although:
- all copyright violations involve acts of plagiarism
- all forms of plagiarism do not involve copyright violation
Copyright only covers the actual form of words. Copyright does not cover:
- concepts
- story ideas
- titles (though they can be registered as Trademarks)
It is important that writers have a clear understanding of plagiarism, copyright violation, and their rights in order to protect their interests.
What Can Writers Do To Protect Their Rights?
- Assert copyright
- Use Google Alerts
- Use plagiarism detection sites
- Take action swiftly
Assert Copyright
The first step for all writers is to protect themselves by asserting their right to ownership of their work. Freelance writers are increasingly at risk of having their material stolen on the internet, therefore it is advisable to mark all web pages and E-mails with the following statement at the bottom of each page:
- Copyright [dates] by [your name]
Although not legally required, it does no harm to remind readers that the work must not be reproduced without the author’s permission.
That article also led me to this article, which helped me craft my letter.
I started by stating what the letter was, followed by my claim on the copyright, how the paper had violated the copyright and finished with what needed to happen in order to make the situation right.
I showed it to my online friends, made a few amendments and printed it out. Here’s what the final copy looked like:
I printed out the letter, the invoice and a copy of my blog post, grabbed a copy of the most recent Oregon Times Observer and drove to Oregon, Missouri to talk with Bob Ripley, Publisher and Managing Editor of The Oregon Times Observer.
Here’s how it went down:
Bob was clearly not happy to have to pay for the work, but he did.
I have been asked why I’m writing this article. Some think it might be an “IN YOUR FACE!” kind of article.
It isn’t.
It’s to demonstrate the importance of standing up for yourself and your rights, regardless. It’s to show how to protect your work from those who would steal it.
It’s not hard when you are right.
Consult with others, get your ducks in a row and demand respect for your work.
If you don’t, who will?
—–
Recommended reading: The Copyright Handbook: What Every Writer Needs to Know
—–
Update:
Linked up at America’s Right, PJ Media Lifestyle, The Blaze, Jim Romensko, The Daily Beast and BoingBoing.
By the way, David Frum, I live in Missouri. The paper was in Oregon, Missouri.
Still no Instalanche. Waiting is the hardest part…
Update 2:
Gizmodo calls Bob “evil.” I don’t know about that one. He just seemed mad.
Update 3:
Still no Instalanche. But, Marathon Pundit linked. So did In the Agora, who said I’m the Internet’s New Folk Hero. American Power linked also, which showed me a link to Five Feet of Fury. Oh, and This Kicks Ass! Thanks!
Update 4:
Batesline links. Thanks, buddy! Plus, How Not to Repent!
Update 5:
Gawker has linked us now, as well as Yid with Lid
Duane, you handled a tense situation very well.
Good for you for taking an aggressive but reasoned stand against the theft of your work.
Shame on that “hometown newspaper” for thinking what they did is acceptable.
I agree completely, it was slightly aggressive in order to get the point across that he wasn’t taking the theft lightly, but not aggressive enough to seem cocky and angry, which would have probably made things a lot worse
i love the part where he admits to knowing who you are and what he has done, but then goes back and claims that he never took it from you
congrats on the outcome
Very professional! It seemed like I was almost there! Great work!
[...] that a small town newspaper reprinted without permission or attribution. Duane explains the story here and presents the screenshots demonstrating the undeniable plagiarism. So what did he do? Duane went [...]
One for the good guys. Wish I could have been there. Great work!
Three cheers for you! I wish I had seen this a couple of years ago. A local newspaper and a local television station frequently stole my articles. I publicly embarrassed them and got plenty of local support, but your approach would have been soooo much better.
Hey, you have to love the newspaper’s obviously ironic slogan: First with the news!
David
Yeah, I noticed that. It made me chuckle.
Good on you! I’m happy to know we have warriors like you out there.
Another interesting tact would’ve been to make him a partner. “Listen, Bob, I know you’re pissed that you got caught this time, and it’s costing you some dough, but what if next time, instead of stealing my work, you call me and talk to me. Maybe we can work something out that won’t cost so much. You’d have a great story in your paper, and I wouldn’t be mad about you stealing from me.” I don’t think he’ll be open to that. Also, I wish his wife hadn’t said anything about the camera. It looked like he was about to unleash. Fun!
I don’t think that guy was thinking very clearly. I don’t know if this is the first time he’s stolen work from a blogger, but it was clearly the first time he’d been caught. He didn’t handle it with much grace.
Watching him trying to physically intimidate Duane was pure comedy.
I would almost say this may not be the first time he’s been caught at it, Andrew. Considering his first impulse was to go for the bullying and intimidating, it would seem to me that he might have done this before, and figured he could get away with it again just by scaring you away.
Is there a way to compare any of his prior stories to other blogs? And has the story been picked up by any of the local news outlets for him to explain his actions?
Good Job, Duane!
I know that local news outlets are aware of this, but I have no idea if it is being pursued as an item of interest.
“Is there a way to compare any of his prior stories to other blogs?”
Yes there is, fellow Missourian.
Take sections from his articles that are likely unique, maybe ten or fifteen words in length, **surround that quote with quotations marks**, and search for that text using Google. By surrounding with quotation marks you’re telling Google that you’re only interested in an exact match. Be wary of uncommon whitespace or punctuation which can make the technique less effective.
Do that with a sample or two from each of his articles. If you don’t find anything with the quotation marks in your search, repeat the search with the quotations removed and scan the top results for close matches.
Good luck
Just so you know, it’s not his wife. It’s his mother.
Well done dude, well done.
It appears that writing you a check on the spot was the ONLY intelligent thing Mr. Ripley did in this story.
“Do good work and get paid for it.” As others have said, good on you. Though you seem to have the idea well-fixed, I’d still like to suggest a couple of books that helped me to understand and articulate – and have confidence in – the “willing buyer and willing seller” underpinnings of professional life. They are: “Winning Through Intimidation” and “Looking Out for #1″ by Robert Ringer. I know that the titles can seem a bit off-putting, but the message is purely about competence and compensation.
Nicely done.
Excellent! Great to see someone standing for what is right!
Awesome job! I very much enjoy reading your work.
Have to echo what Andrew said about comedy. The part where he rolls up into your face and then has to look straigh over his head to see you could not have been scripted better. It was priceless. I was shown the vid by a guy a work with and by the end of the day, everyone we know had watched it like 20 times. The other awesome part was when your camera man (we’ll call him Kram Hz.) told the old lady something to the effect of “you need to be quiet.”
What happened when the camera man spoke was, she had asked him what his role was and he just said, “I’m just recording.”
He knew coming in she would try to pull him into the drama. He called it before we left his house.
And she did.
You need to temporarily pull the video to redact the bank and routing numbers. If not entirely visible, they are reconstructable from different frames at least to an easily guessable point.
Other than that, kudos. By the way, you made Romenesko: http://jimromenesko.com/2012/05/14/paper-pays-blogger-500-after-lifting-his-story/
I think Lester, you need to get a life and focus on more important issues. What a complete waste of time and energy.
If it is on the internet, it is copied. I can take that article you wrote, start up a blogspot blog, post it, give you no attribution, and you could not do a think about it.
Get a life.
Hi Pete. You are an idiot.
Yours sincerely,
Your good friend,
John in London
Well, you’ve already given us a perfect example of how to “not do a think.”
Actually, he could contact Blogspot with the same letter and get the entry removed or the entire blog pulled. I’m sure Blogspot has something in their EULA that objects to plagiarism. Would it be worth it? Depends on how popular the article is and whether it is significant in driving ad revenue towards the original authors website. But I don’t know anyone who would turn down $500, so, in this case, well done Duane.
Pete, you are a complete Jack@**. If someone took $500 worth of whatever you produce (if anything) you would be pissed too. You are worthless person who does not value private property. Pete, you need to get a life. You have defiled this sacred blog by posting here. Get lost, jerky. Go **** yourself. **** you!
Hey Bob, you lost. It’s done.
Pete, you can do it but that doesn’t mean it is morally right, ethical or legal. Read up on copyright law. And he does have a life. And a career. Protecting his work is part of being a writer.
Let’s not forget the bloggers who steal wholesale from news sites.
Let’s also not forget about the spotted owl. Since we’re bringing up shit that has nothing to do with what we’re talking about here. And what about the children?!?!
Because if you don’t think of the children, the terrorists win!
Arthur, you are an idiot. Most good bloggers give credit to their sorce. I challenge you to find a single post of Lester’s that he didn’t give credit and at least a link.
Awesome, Duane! Old dogs CAN learn new tricks. It’s sad that he’s “40 years older” than you and didn’t know not to steal. His wife was complicit, and I’d say probably was the one that ‘found’ it because she knew an awful lot about you (or thought she did). A blogger H/Ting your blog means that he gave you credit, I don’t think she understood that bloggers tend to stand together and give each other credit where it’s due.
Idiot writing “Bull Shit” on the check memo means he can’t deduct it as a business expense on his taxes. Love it.
Good for you. You handled yourself very well and kept the issue on point politely but firmly. One word you did not use is theft. Copyright is about intellectual property. They took property that belongs to you. It isn’t just about asking permission or giving credit. It’s about stealing other people’s stuff.
As a property owner, you’re entitled to use reasonable means to recover your stolen property. Trademark and patent holders often exercise their right to seize illegal and unauthorized knockoffs of their products. Bootleg movies get seized because of copyright violation. You can use, or threaten to use, a similar tactic as leverage.
Once when I had a falling out with a publisher who screwed me over and didn’t want to pay me for the cover story I did, I pointed out that in the absence of compensation there is no contract, and therefore no assignment of copyright. Since I still owned the work entirely, I wanted it back. Now. Since the issue was at the printer, I told him that I’m driving to the printing plant and will have the police meet me to recover my now bootleg cover story, take the plates off the presses if necessary and seize all copies already printed. He paid me in full by cashier’s check FedExed the next day.
Another time a financial consultant used one of my articles at his web site and gave out copies to clients. First he argued that I was already paid for writing it, so what did I care? Then he tried to argue that my article is worthless. I explained that he has two options. He can track down, acquire and destroy all of the illegal copies he distributed, or he can buy them from me. You took my property; return it or pay me for it. He paid.
If something is stolen from you, you no longer have it, as Thomas Jefferson so clearly wrote when discussing the very important differences between THEFT and ILLICIT COPYING. I suggest you read literature on this subject which has -not- been published by exploitative, amoral actors such as the recording industry.
When something is stolen you no longer have it? Really? So if I steal your identity it isn’t really theft because you still have your identity, right? What a maroon.
Thumbs up for the Bugs Bunny reference.
[...] How to Assert Copyright Over Your Work When It’s Been Plagiarized [via Jim Romenesko] [...]
What a prick for intimidating and bullying a mom & pop paper for getting it wrong. Your in-your-face commando tactic was heartless and brutal. Filming / posting the episode to humiliate your target in front of his wife was equally fucked. Have lost all sympathy for the rightness of your claim. What an asshole you are.
I’m with Dickless Bill on this one, Duane.
You’re kind of a douche for expecting to get paid for doing work. And forcing that poor man to get all up in your face like that… heartless. And in front of his wife! Even though it was actually his mommy. You embarrassed that poor hard working content thief in front of his dear sweet mother.
Couldn’t you see how traumatized she was when you put him into a headlock and forced him to write those things on the check? His mother, Duane!
But I think the worst thing you did – and I don’t know how tiny baby Jesus will ever forgive you for this… the worst thing was how you were so calm and polite. Right to his face!
What you should have done is tell him that what he did was “fucked” and then call him and “asshole” like this dumb prick Bill.
Monster.
To the twit that claims he could just copy and paste it on Blogger. Sure you can. However, the copyright owner can issue a take-down notice using the Digital Millennium Copyright Act.
I would really like to meet you someday, Andrew. Any friend of Lester’s is a friend of mine. You just wrote a response that made the left side of my chest go numb. I think I will memorize it and recite it for a year to make myself a healthy person.
I look forward to it. Duane and I are cut from the same kind of cloth. He’s just smarter and nicer than I am. ;) And has better hair.
I have to agree, you did come off as a douche. Sure, stand up for yourself, but ambushing with a camera? Why didn’t you just stick a gigantic microphone in his face and be a real “Action News” reporter?
Sorry, it just looks like you went there not just to stand up for what’s right, but to punish this guy as well. And possibly to go viral off it.
I think stealing the work of your neighbor and presenting it as your own work is the douchey element of this story.
One of the people in that video stole from the other one, and then took a physically aggressive stance with the victim when he got caught.
Another person in that video asked to be paid for his work. He was calm, polite and in no way physically aggressive toward the person who stole from him.
Ben, you seem like the kind of guy who would defend a rapist.
I wouldn’t take up for a rapist or for this editor who stole something that wasn’t his. Read back my comment. I didn’t say the editor was right. I said Duane seemed like he was there not just to set things right but to humiliate this guy and broadcast it to the world.
We all make mistakes, even serious lapses of judgement like the editor did; that doesn’t mean we deserve to be humiliated for the public’s entertainment.
Duane in no way, IMHO, went to humiliate the guy. He did make a classic example out of a thief who only showed contempt for the law, and has taught other bloggers how to deal with it.
The only thing humiliating about that video was the way that Bob Ripley behaved.
If Bob had said something along the lines of…
“Duane, we received that article as a mass e-mail and we didn’t have any idea who wrote it. Now that we know, we’ll give you credit in the next edition of the paper. We sure didn’t set out to steal your article, and if that’s how it looks we apologize”
…he would have come through this situation looking like a good guy who made an innocent mistake. There would have been no humiliation at all.
Instead, Bob chose to behave in a physically aggressive way and act as if he were the victim for being caught at his crime. It was his childish behavior that is humiliating, and that humiliation is the result of his choice to 1. reprint copyrighted material without permission and 2. act like a jackass when his victim showed up asking to be paid for his work that was stolen.
Bob Ripley made a choice to steal. Bob Ripley saw the camera and made the choice to act the way he did.
So yeah, I think someone who is worried about criminals getting their feelings hurt is the kind of person who would defend a rapist if his victim were to make his crime public.
You can say Duane came off as a douche, but I don’t think anyone with even a shred of common sense agrees with your opinion.
[...] How to Assert Copyright Over Your Work When It’s Been Plagiarized [All American Blogger via Jim Romenesko] [...]
Ol’ boy sure had $500 to spare, didn’t he?
I bet when he wrote “bull shit” on that check, he had no clue just how much bull shit you can buy for $500.
[...] All American Blogger: How to Assert Copyright Over Your Work When it’s Been Plagiarized [...]
Just a pedantic note:
1. all copyright violations involve acts of plagiarism
2. all forms of plagiarism do not involve copyright violation
Number 1 here is actually wrong. Plagiarism is the assertion that a work is your own. It would be plagiarism for me to copy Abe Lincoln’s Gettysburg Address and say I was the one who wrote it, but that doesn’t violate copyright because it’s in the public domain.
On the other hand, I could copy this blog entry and say that it’s “Originally written by Duane Lester”. Even though that is still copyright infringement it is not plagiarism because I do not assert that I wrote the content myself. It’s a subtle, but very important difference.
That aside, sounds like a victory to me! Nice work!
[...] All American Blogger: How to Assert Copyright Over Your Work When it’s Been Plagiarized [...]
typos fixed-
I would like to see more information about how often this actually happens. I am shocked that a paper would do this and think they would get away with it, especially considering it was a local story. It baffles me that the editor would do this – but clearly he knew he was in the wrong. Perhaps the delayed reaction before he got defensive shows that he never expected to get caught. How long had he been doing copy-paste journalism? how many other local papers are reverting to copy/paste journalism with their business model getting the pinch? Old people do not have immunity from proper business practice.
I was also amused that he started to form some argument about how “this is how we did things in journalism 40 years ago…” what the heck was that??? comedy gold. Thanks for the article Duane.
Yeah, 40 years ago you didn’t have the “nets”. Duane has a baby face from clean living and an all American Wife that is a good cook. He is one of the most fun loving guys in America, but G0d help you if you attempt verbal combat with him.
G0d help you if you attempt verbal combat with him.
He posted g0d with a typo so he could tell when people are stealing his posts
Good work!!!
Only thing different I would have done; was showed my 9mm pistol and told him, cut the check, or this thing will be used on your skull.
See, a camera is way cheaper than a nine, and has more uses, and fewer legal repercussions associated with its use. Duane did it right, from a free market economic viewpoint.
Hey Duane
Saw your video via gizmodo….very good job on standing up to the guy….some guts that editor had, to move in front of you with that look….I applaud you for not budging….I guess in 40 years the guy didn’t learn honesty and respect and probably learnt to spell bullshit….or maybe he copied that from somewhere too!!
Thanks for making the video Duane and sharing it with the world.
Btw most of us in India have an impression that in US, people sue others for wrong doings, but the way you handled this situation yourself and having no animosity towards the editor, I have great respect for you.
Wow, India. And here I’m sitting in front of my computer in Norway, doing a victory dance for justice. Looks like this video is going global. Awesome!
Nicely done. Glad it turned out well for you.
This Duane fellow is a real doùchebag. Basically, he thinks his shìt rag of a blog is worth threatening small town seniors and thinks posting the video of it on Youtube makes him cool. Fùck him…and fùck his blog.
Also, he looks like Francis Buxton, amiright?
http://images.wikia.com/villains/images/9/9b/Francis_Buxton.jpg
How, exactly, did Duane threaten these people?
Did he walk in and tell them they were douchebags, call their newspaper a shit rag and then say fuck you and fuck your newspaper? That sounds more like what you might do.
What he actually did was calmly explain why what they had done was copyright infringement of his work, give them documentation showing proof it, and then present them with a bill for his work.
And does he think that posting the video on YouTube makes him cool, Professor Xavier? Are you a mind reader, or just a dipshit troll?
But he does kind of look like Francis Buxton. That shit’s just funny.
Yeah, I kinda do. Heh.
Guy, your comments are inappropriate.
It takes a special kind of slime to watch this video and side with the editor. And don’t assume these defenders are lefties. I’ve been ripped off by blogs who steal artwork and erase our credits and replace them with their own, and when I confront them they call me the asshole.
And to the moron who said he could steal other people’s content and start his own blog. Yes, you can. (Wasn’t that Obama’s motto?)
You’re pretty much a dick.
Great comment.
Simple(ton) and right to the point(less).
hahaha That reply was epic, Andrew! Had me laughing out loud at work.
Good job, Duane. Bob Ripley knew that he was stealing when he printed your story. What surprised me was how he got in your face like he was about to assault you, until the woman mentioned the camera. It seemed like her comment about the camera was really more of a, “Hey, Bob, don’t punch this guy, they have a camera on you so you’re not likely to lie your way out of an assault charge”.
I would LOVE to know what his next move would have been, had she not warned him about the camera.
An image from my blog http://bit.ly/Kj2Czo appeared in a museum guide published by the city of Frankfurt, Germany. Incorrect attribution, no request for permission, certainly no offer of payment. Traced the culprit back to an art museum who offered €50. IP lawyer wrote them a pleasant letter, pointing out that €50 wouldn’t be anywhere NEAR the published tariff for a quarter page with a 400,000 print run and suggested €1700. Which they paid. Legal insurance picked up the bill.
If the law’s on your side and you can make the other party understand that, then you have no problems.
Well done sir, for standing up for yourself and getting your due credit and compensation.
It’s nice to hear for once of someone resolving a conflict in their favour where they were clearly in the right, and also not automatically jumping to the position of “my rights were violated, I’m suing you for alllllllll the $$$ you have”. You asked for $500, a perfectly reasonable fee for writing an article, and thankfully they seemed to see reason in end and paid you your dues.
I think it’s easy in this scenario to paint the newspaper as “evil”, but in reality it’s easy to see how the economics of journalism can easily end up with plagiarism like this. It’s just good know they can admit a mistake, and it’s probably a lesson they’ll remember for some time to come.
I think all parties here should be given some appreciation for doing the right thing in the end, even if some of them did need a little prompting.
For the record, I think it was Gizmodo that used the word “evil”. Nobody at All American Blogger thinks Mr. Ripley is evil or a bad person.
I get the impression that a lot of Mr. Ripley’s attitude was the result of a knee-jerk reaction to feeling “blind-sided” with an accusation of wrong-doing. He probably thought that stuff on the internet was “free”, which is a mistake a lot of people make, though being a journalist himself he probably should have known better. I suspect that’s kind of the point he was trying to make with the whole “40 years” spiel. In his own ham-fisted way I think he was trying to say that he didn’t fully understand the differences, and more importantly the key similarities between “normal” journalism and modern internet journalism.
Either way I think he realized pretty quickly that he was in the wrong, but his ego probably wouldn’t let him simply back down. Hopefully such an exchange won’t happen again, but if it does (presumably over a preexisting article rather than one that was printed after this seeing as how he’s surely learned his lesson by now) I think he’ll probably handle it with a little bit more aplomb since he won’t be quite so surprised by it. Or maybe that’s just my desire to assume the best of people in spite of the evidence.
He Duane, Nice video. You made it to a Dutch national paper (http://www.nrc.nl/nieuws/2012/05/15/video-amerikaanse-blogger-confronteert-geirriteerde-redacteur-met-plagiaat/) This old guy has an amazing approach to journalism. Here in Holland they often have problems with fact-checking, but this brutal ignorism (it that even a word?) way more funny.
Arjen
If ignorism isn’t a word, it should be.
Thanks for posting that link, Arjen. That’s really kind of cool. :)
[...] How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) — All American Blogger [...]
Very nice cover letter. Too bad you put it in that sliding thing so we can’t right click and copy image. Just sayin’
[...] from the look of things—reprinted his article in full. As the blog’s author, Duane Lester, puts it: “The only differences I see is the removal of “MO” from the headline and someone added a [...]
Just wanted to say that I found out about this on the theblaze.com and I intrigued, as I too live in MO. Great work on getting your money and being able to save time and money by not having to go to court. I never would have thought a newspaper would have done this, but with some of our “grey” areas now days, you never know what could happen.
I like your blog, Alan.
Thanks!
Andrew, just want to say thanks. Since you said you like my blog, I have gotten quite a few views from here. Its not really related content (to your site), but I respect what you all do here.
Thanks again!
I’m coming late to this thread because I just discovered the story this morning through Gizmodo, but wanted to share my acclaim and respect for how Mr. Lester handled this situation — not just the confrontational segment, but the thought and work he put into the preparation. Well done, sir.
Having perused a bit of the rest of this site, I can see that liberals like me aren’t thought well of here. That’s okay; reasonable people can disagree. I encounter too many people on both sides of the political spectrum who are not reasonable, enough so that when I discover thoughtful, intelligent people engaging in discourse, it gives me hope. Confrontation, collaboration, and discussion between intelligent people of contrasting opinions is the best hope for our society. So in the course of showing my respect for Mr. Lester’s actions, I’d like to also ask that you allow for the fact that you may encounter thoughtful liberals with whom you can have a respectful exchange of ideas. I’m not asking or expecting that you’ll agree with them; I am asking that, rather than dismiss all liberal-minded people as being beneath your regard, you remain open to meaningful dialogue with reasonable people. Thank you.
We’re definitely not a blog that would appeal to many liberals, but we welcome discussion and debate from anyone who posts comments more thoughtful than “you’re a dick”.
You’d be a welcome addition to our comments section, Robert. I hope to see you around here again.
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I must say that, while watching the video, I waited to see Duane’s ear redden as mine would have as Bob attempted to belittle him; but it didn’t–he stayed calm. It is not easy to stand up for yourself, and in the end, despite the clear-cut case, it’s lucky Bob decided to be a stand-up guy and rectify this obvious plagiarism. In the last 5 years, I’ve had to walk away from over $20,000 in potential wages when companies I was working for decided my good-faith efforts were worth stealing (I’ve learned the hard way to use contracts).
I breathed a sigh of relief watching Bob cut that check. Thank you Duane, for your “bull shit,” I was so proud of, and momentarily living vicareously through, your stand. Kudos!
Not at all. Bob falsely called the air-tight claim “bull shit,” then swore at his victim again while kicking him out without an apology. He’s not a stand-up guy. He merely chose to limit his losses — while also being as offensive as his bottom-line priority allowed.
I agree 100% with that, Dan.
Bob Ripley brought this on himself. Rather than handle his mistake as an adult, he tried to bully Duane. When that didn’t work he basically threw a tantrum. And it’s why I have no sympathy for any damage it does to his reputation.
As a freelancer (not a writer though), it is nice to see someone get their due once in a while. Too often these people get away with outright theft. And when they get caught, they parlay that into a book and people reward them by buying their less-than-genuine-mea-culpa when in fact, it is just another affirmation that it is ok to be a thief.
Glad it worked out for you and this blog entry has been posted to a freelance site as a lesson in standing up for oneself. I heard about it via Gizmodo btw.
[...] d’infos : L’article original L’article expliquant ce qui s’est passé après le vol du contenu du blog L’article de Stagueve (blogueur messin) qui est bien dur quand [...]
[...] More: How to Assert Copyright Over Your Work When It’s Been Plagiarized [...]
Nicely done, Mr. Lester, and thanks for filming this so others can learn how to professionally and effectively exercise their rights.
“his first impulse was to go for bullying and intimidation”
Looks the small town newspaper man has attended mainstream media university under Dean Dan Rather. He probably had classes under the tutelage of tenured Professors Keith Olberman and Chris Mathews. What a douche.
Well done Sir.
Kudos from a long-time daily newspaper reporter! You handled this very professionally. It looks like the reason you got your $500 was that Bob understood that doing anything else would cost him even more, and NOT because he has any character. It was utterly disgraceful for him to swear at you and throw you out instead of apologizing sincerely and promising to stop stealing your copyrighted material. This kind of theft is endemic at tiny newspapers, which lack the staff to compete with bigger papers and are more likely to have editors who are untrained in law and ethics. I’ve had my work lifted by three different weeklies over the years — sometimes with the byline of the other “reporter” being the only addition of any substance. The biggest laugh for me was that Bob claimed to be more experienced. You proved that a long track record of stupid is no advantage.
What’s amazing to me is that the “gentleman” started writing the check with 5 minutes of the start of the confrontation, despite all the invective and attempted bullying. He KNEW he was wrong, and probably knew what his lawyer would say if he actually contacted him.
Good job all around. Great original article and great followup with the video.
Thanks
Good. For you. I commend you for protecting your rights. I also commend you for doing it in a stand up way. You did the right thing. Keep it up. I’m a liberal myself but I am of the form everyone has rights, we might not always agree but we can always have a discussion.
Thanks for posting this. Have a good day.
Everyone can agree that there was a breach of professionalism by Bob and he deserves to be called on his clear theft of ideas and words. We can also agree that his reaction was not the most proper and his lack of character at that moment was telling. However, there it something distasteful about the manner in which the money was collected and I’m not sure if I can accurately pinpoint the distaste. Although I congratulate Duane on his self control, and Bob’s reaction was horrendous, I’m not sure that this was totally kosher. The idea of taking a camera to a face to face and backing a guy who was clearly in the wrong in a corner is pretty confrontational in itself. (Although it was packaged as being passive). Although I’m not sympathetic to Bob, I’m not sure if the end punishment and the smear of this scale fits the crime. I would have used a lawyer and correspondence on this one as it was pretty clear cut. Duane did receive his $500. My question is, was the posting of the video in response to the “Bull Shit” on the check?
Kudos for enforcing your copyright. It’s heartening to see that you care so much about your work that you went to such lengths to enforce it.
What is disheartening, however, is that you turned around and may have violated the newspaper’s copyright by publishing a PDF of it on your blog. Although you certainly own the copyright for your article, you don’t have any right to the newspaper layout or the photo of the house above your article. It’s doubtful that using the photo and layout would be considered fair use for educational purposes because using them was not necessary to show that the newspaper violated your copyright for the article.
I wouldn’t be surprised if Bob comes to your door with a bill or a summons.
Congratulations.
You have just posted the dumbest comment we’ve ever gotten on All American Blogger.
The UPS man will bring your trophy. You should wait outside for it.
I’m not sure that Duane’s use of the PDF image in question can immediately be disqualified as Fair Use simply because you think the image is not ‘necessary’ to demonstrate copyright infringement on the newspapers’ part.
IANAL, but I do pay close attention to copyright law and its use in our society because I believe it directly impacts my life on a regular basis (in fact, it demonstrably affects all of our lives every day).
I believe that if Duane were sued for copyright infringement for that image, he could claim fair use since the image clearly demonstrates that the paper violated his copyright. That image, along with documentation about his own publication and its content, are really all that’s needed for Duane to make his case. I fail to see how his use of the image does not fall under fair use.
If you’re going to push the ‘necessary’ test, I’d be very interested to know what you think Duane could have used instead. Linking to the article would not work, because the publisher could change or remove it. A partial image would not necessarily demonstrate copyright infringement by the newspaper.
Actually, he clearly states that the pdf is from the newspaper. It is only plagarism if you try to pull it off as your own work. He doesn’t claim that he found the pictures or whatnot. Like Bob did with the article. So… you know… WRONG!
Duane, I just saw this story on boingboing.net, watched the video, and wanted to come over here and praise you for standing up for your rights. Blatantly ripping off your content and republishing it without attribution is simply unacceptable, and I think you did exactly the right thing.
I haven’t read all the comments on this blog post yet, but I noticed one near the end by a guy named Michael who criticizes you for confronting Bob with a camera instead of having your lawyer send him a nastygram. I completely disagree with Michael’s opinion. Getting the lawyers involved would have been an appropriate next step if Bob had refused to pay for the stolen work. By taking the first step yourself you showed guts and conviction, and a willingness to get your hands dirty yourself rather than avoid a face-to-face confrontation by hiding behind your lawyers. You probably saved yourself a nice chunk of change this way too. Your approach was somewhat passive-aggressive, but not so passive that you hid your identity or much of anything else. I congratulate and applaud you.
Ben, Duane would have made much more money depending on the placement of the article and the revenue produced from that edition. (Any of his attorney fees would have been paid). It would have also forced Bob to pay more out of pocket to hire an attorney and the inevitable afterbirth would be a painless and costly lesson for him. However, the sensationalism out of the outcome will certainly benefit Duane and bring this topic to a more public viewing.
However, you may be right that it was a good idea to approach him before getting any attorney’s involved. It just somehow doesn’t sit well with me, and I can’t explain. This will be definitely a good discussion over supper tonight.
meant to say “painful lesson”. : )
I think it was posted to be educational. Other writers — be they blog or print — will find themselves in similar situations and it’s good to kow what sort of response one might expect, and how to stand one’s ground politely and resolutely. Had Bob done what was both smart and decent he would have feigned surprise, claimed ignorance, promised to get ot the bottom of this problem, apologized profusely, and written the check. If he were really smart, he would have offered the blogger a follow up meeting, off camera, to discuss future coverage of the issue. Bob got what he deserved — he knew he was plagiarizing and stealing when he laid this story out. And it’s shitty journalism: how does he know it’s even accurate? This comes from a writer he doesn’t know, using sources he is not familiar with.
[...] one Blogger, Duane Lester, didn’t sit ideally by when he was altered that a small town newspaper had plagia…. Nope, he confronted the editor of The Oregon Times Observer and asserted his [...]
I may have missed it, but I don’t think that anyone has mentioned this yet….
Hitler!!
My job here is done.
Awesome dude!
[...] Source. This entry was posted in Uncategorized. Bookmark the permalink. ← In 90 days… [...]
This is one of the greatest posts ever on AAB. Go far, Lester. Get ready for the touchdown you will score soon.
This guy cussing at you reminded me of one of Aesop’s Fables.
Of the Innocent and of the shrewe
Esope reherceth to vs suche a fable / how it was so / that the lambe and the wulf had bothe thurst / and went bothe to a Ryuer for to drynke / It happed that the wulf dranke aboue & the lambe dranke bynethe / And as the wulf sawe and perceyued the lambe / he sayd with a hyghe voys / Ha knaue why hast thou troubled and fowled my water / whiche I shold now drynke / Allas my lord sauf your grece / For the water cometh fro yow toward me / Thenne sayd the wulf to the lambe / Hast thow no shame ne drede to curse me / And the lambe sayd My lord with your leue / And the wulf sayd ageyne / Hit is not syxe monethes passyd that thy fader dyd to me as moche / And the lambe ansuerd yet was I not at that tyme born / And the wlf said ageyne to hym / Thou hast ete my fader / And the lambe ansuerd / I haue no teeth / Thenne said the wulf / thou arte wel lyke thy fader / and for his synne & mysded thow shalt deye / The wulf thenne toke the lambe and ete hym /
This fable sheweth that the euylle man retcheth not by what maner he may robbe & destroye the good & innocent man
>>Idiot writing “Bull Shit” on the check memo means he can’t deduct it as a business expense on his taxes. Love it. <<
Maybe he CAN deduct it if that particular commodity is a routine stock in trade of his business, which it appears to be, considering the way he made out the check, the fact that he paid for it, and published it.
Setting aside all the copyright and legal issues, there is still the moral issue. The publisher apparently did something that was morally wrong. In secret, without letting Duane know, the publisher took the rights to Duane's article that did not belong to him and published it. There has been some criticism here that Duane himself may not be on a morally sound footing by meeting personally with the publisher, and recording that meeting, and then making the recording available on the internet. I'm no sociologist, but it seems like the way society as a whole arrives at what is morally acceptable is by many people considering a situation like this, discussing it, and then letting the people involved know what they think. Duane let the publisher know what he thought in a very limited and personal way, with a face to face meeting, unlike the secret act of the publisher. Duane was very open with the fact that he was recording the meeting. Since the publisher participates in the wider society by obtaining the article from the internet, he opens up his action up to review and comment by all the people in that wider society. The publisher could be expected to know that the written word, pictures and videos are all a part of the internet. In earlier times reporters used a pencil and pad to take notes, now they use recorders and video cameras. The publisher clearly saw the camera, and had the opportunity to not say or do anything in front of it. All of this seems reasonable to me.
So now we can consider and discuss the situation and let Duane and the publisher know what we think.
Duane, I think you behaved in a very rational and acceptable fashion.
I'll be getting in direct touch with the publisher to let him know what I think of his behavior.
John Leeke
by hammer and hand great works do stand
by pen and thought best words are wrought
[...] beau matin, ce blogueur américain a en effet découvert que l’un de ses articles avait purement et simplement été republié dans l’état par [...]
Just a hint to those who think you were somehow too tough on ol’ Robert Ripley (believe it or not). If this was humiliating to Bob, he could have avoided it by simply saying, “I’m very sorry. $500 is an appropriate payment for this front page article. I’ll publish an attribution for you and reference your website in our new corrections column next week.” That would still have been embarrassing, but not humiliating. And who knows, maybe you would have simply written the story without the video.
Or, he could simply have gotten permission and paid you before publishing.
As for the BS comment on the check, does that mean his paper normally publishes BS? Or that his payment is BS and he still owes for the column? Inquiring minds and all….
I don’t believe Mrs. Ripley ever taught her son good manners and so Bob does not know how to say “I’m sorry”.
What stood out the most to me was her fast change from “Oh, for pitties sake” to listing the listing out of her C.V. I’m TRULY IMPRESSED with her credible journalistic credentials, it’s just a shame that in her vast experience, she never learned not to steal & consequently, did not teach Bob that.
[...] revealed on his blog that the paper copied an article he originally wrote on May 1, which they published on May 10 with [...]
[...] auch seine Überschrift und Rechtschreibfehler nahezu eins zu eins übernommen hatte. Lester war sauer, holte sich einen Rechtsbeistand, schnappte sich eine Videokamera und fuhr zu der Zeitung, um den [...]
[...] American Blogger – How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
Hi Duane,
German watchblog “Bildblog.de” has linked to your story, too. I want to thank you for showing how one can deal with such kind of copyright infringement in a very professional manner.
Well done!
[...] American Blogger – How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
Duane,
Wonderful. You deserve the Breitbart Award for your courage. And thanks for recording it. The good ol’ boy learned a few lessons right there. But did I hear a “Now, get your ass out of here” at the end?
Breitbart Is Here!
http://www.iowntheworld.com has also picked this up. That’s how I found it.
This was nothing but a shakedown on your part. Any fool who has to rely on statist ‘copyright laws’ to horde a crappy article from being more widely seen is a fool. Infinite replication of your articles cost you nothing. You’re a damn fool.
A shakedown intimidator. Go to hell.
Thank you so much for commenting, Fuck.
We appreciate that you took time away from your job writing motivational slogans for kitten posters to not only read our crappy article but to share your razor-sharp opinions with us.
I can’t help but admire a skilled wordsmith who commands the English language with great skill and finesse. And when someone like yourself manages to pound words out of his keyboard by smashing it with big ham-fists, it provides the kind of contrast that allows me to admire those skilled wordsmiths even more.
My one true hope is that by anonymously screaming your hate into our comments section, your rage has been depleted for the day and you don’t have to beat your wife tonight.
Go to Heaven!
Either all of these F-you comments are from the same people (the ones in the video, no doubt) which the blogger can find out by checking the IPs, or else his comment of “this is how journalism was done” is right, and these are all newspaper editors posting F-You comments because they know the gig is up for them all.
There are a few people and/or IP addresses that I’ve had to add to the list of commenters whose comments never get posted without approval. Because A.A.B. has a dedicated webmaster, we can monitor these things maybe a little more closely. And we do.
[...] American Blogger – How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
[...] American Blogger – How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
Mr. Lester wasn’t being very professional about this confrontation. He strolls into the office with a camera man? What’s up with that? How about just mailing the letter and referencing an attorney like he was advised to do? This kinda thing happens all the time in the media world, and there’s a very professional way of handling it. Why the extra confrontational step? No wonder the old guy got in his face….
How far was that drive by the way?
I’m not excusing what the editor of that tiny po-dunk paper in the huge Metropolis of Oregon, Missouri did, but this was like firing a howitzer at a mosquito.
This has already been discussed ad-nauseam by people who had enough confidence in their opinion to give a real name.
Did you see the way he puffed up at 1:30? If the camera hadn’t have been there, Bob would have bullied him out of the office. The camera was a smart move.
[...] is his story. Take notes if you blog or free lance. Bookmark this [...]
[...] your work is plagiarized or violates copyright laws. That’s why Lester took the time to write a blog detailing the differences between plagiarism and copyright laws. It’s a gray area that may confuse many [...]
[...] Er geht in der Redaktion vorbei, um die Frage um das Copyright zu klären. Siehe dazu auch “How to Assert Copyright Over Your Work When It’s Been Plagiarized” (allamericanblogger.com, Duane Lester, [...]
Who gives a shit if some small town hick paper copied your article? You didn’t have to be a dick about it. You’re not the NY Times. All of about 8 people read the damn thing. Total Prima donna. Plus it’s a “cheque.” It bugs me you got paid for being a righteous jerk.
We give a shit.
He wasn’t a dick about it, dick, he was actually very nice.
We’re very happy not to be the NY Times.
It was actually 9 people, including your mom.
Yes, it was vanity that brought all of this about – the copyright infringement was just a coincidence.
In America, it’s spelled “check”. In your country it’s “cheque”, eh?
Sorry it bugs you that he got paid, but it was for writing. The fact that he’s a righteous jerk doesn’t have anything to do with it..
Thanks for your deep and well thought out series of pointless insults.
your video is now linked at http://controversy.videosift.com/
I’m just left wondering whether the $500 you decided to ask for was a random amount, or one that really covered your expense and product (i.e., it was “an appropriate amount.”).
Way to go, Duane. I’m from Oregon, and this shows EXACTLY what kind of character Bob is. He and his mother have been plagiarizing, misspelling, reporting news as op-eds, using bullying tactics, and playing holier-than-thou for YEARS. This is likely the first time someone’s professionally called them out on it though, and I applaud you for doing so as calm and straightforward as you did. I hate that people on YouTube are saying “leave the poor old man and woman alone”. If you can’t tell that Bob is an asshole by the way he puffs up before he realizes there’s a camera, then you’re blind. These people are hateful, egotistical, and ignorant, and have been shaming my home town with their rag they call a paper for a long, long time. Someone needed to make a point out of them for at least one of the law they’ve broken, and I’m glad you did it with such thought and preparation. Keep up the good work!
A lot of people won’t get that, Sam. But small town folks understand that everybody knows everybody’s business and it’s no secret who the bad ones are.
I bet all these people who are bitching and calling Duane names over this would just have a stroke if they knew what happened up in Skidmore all those years ago. ;)
You know with mentioning Skidmore you’re opening up a whole new bag of worms there…but you’re right. Oregon and Skidmore are not from one another, and small town narrow-minded attitudes tend to be the same across the board. Except for a small circle of us who never got the memo. Thanks to my parents for encouraging me to think outside of the box. Growing up liberal in a 99% conservative town isn’t easy, but it’s possible.
[...] May 16, 2012 By Patrick. Culture LAYERS OF EDITORS AND FACT CHECKERS: Watch as a newspaper editor shoves Blogger Duane Lester when confronted over his paper's plagiarism of Lester's work. [...]
Duane, this is a great video. Nice work. You were incredibly professional and 100% in the right.
[...] American Blogger – How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
Had such a good laugh from your video this morning that I had to watch it again.
At about the 50 second mark, you can see REALIZATION come over Bobs face. It dawns on him: he knows EXACTLY who you are, what he’s done & that he’s been caught red-handed with the cookie jar. Did you notice how he qualified his apology with “IF we’ve stepped on your feet”?
His dear, sweet mother shows her knowledge of the theft at the point where she “guesses” that Duane is from Maryville. What a character she must be in real life!
I wonder how long of a conversation went on in deciding to steal your work? There is no by-line on the story, so I suppose they believed it was OK to do this…at least they NEVER THOUGHT it would come back on them like it did (refer back to the 50 second mark).
u r linked on the german website http://www.bildblog.de/
[...] Facts: American Blogger [...]
[...] How to Assert Copyright Over Your Work When It’s Been Plagiarized [All American Blogger] [...]
Duane, a small town newspaper printed my photo without permission or attribution. Would you come be my wingman? Heck, I’ll even split the $500.00 with you. Mama needs a new smart phone.
[...] in ArticlesDuane Lester is the blogger behind All American Blogger. Recently, he discovered that an article he had written about a Missouri sheriff was plagiarized verbatim, by a local newspaper, The Oregon Times Observer, and, after asking for [...]
Thank you for taking the time to write and document your entire experience around this. I teach business and look forward to sharing this with my class. I do copyright my images with the Copyright Office, which is a great step, but researching and understanding on how to follow up with an infringement can be scary and daunting.
[...] After consulting his lawyers and researching about copyright laws, Duane decided that he needed to either get paid or sue for copyright infringement. And he decided to bring a camera along to record the entire incident. You can read the story on his blog post on All American Blogger. [...]
Hey Duane,
Great article! As a working fashion & commercial photographer (www.fotosiamo.com), I totally get where you’re coming from and how it is important to protect your intellectual creations. Thank for approaching it professionally, also. Great example to all.
I also write for http://www.SLRLounge.com, and have wrote an article about your incident: http://www.slrlounge.com/how-a-blogger-confronted-a-newspaper-who-plagiarized-his-work
You should take a look at my other article on the same topic, “Social Media Takes Down a Wedding Photographer”: http://www.slrlounge.com/how-the-fury-of-social-media-took-down-a-wedding-photographer-faker-overnight
Cheers!
Joe Gunawan | fotosiamo.com
SLR Lounge Editor
http://www.slrlounge.com
[...] American Blogger – How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
You Americans – so full of contradictions. Isn’t the freedom of the press enshrined in your constitution ? Bob was just a little misguided in his interpretation – he thought it entitled him to take whatever he wanted from wherever he wanted and reprint it for free.
[...] and film his confrontation with the paper who plagiarized his work. You can read Duane’s full article on his site here. I’m all for upholding copyright and believe those who copy and paste (or print and sell) [...]
Way to go on standing up for your rights! However, are you sure Bob is real and not just a hidden second personality of your own self who you think stole the article? (Johnny Depp, Secret Window) No, that is impossible, especially since you have a video documenting the account…phew, I was freaked out for a second there.
So you got your $500 and humiliated the man in front of the entire Internet. Good job. You could’ve just sent him a letter or walked in without a camera. Anything for the traffic, huh? Plagiarism is bad. But does publicly humiliating a person who only needs to be educated make you any better? Not really, IMHO.
Duane could have given the guy a hand job and then bought him a happy meal too. Because all he really needed was a special hug and a rainbow colored unicorn.
It’s a real tragedy when a man has to live with the consequences of his criminal actions, isn’t it.
“a person who only needs to be educated”. Bob admits that he’s been in journalism since Noah was a lad. Do you seriously think that he doesn’t know that he was breaking the law ? Is it too much to expect a newspaper editor, whether it’s on a small town paper or not, to display some respect for the very rules that protect his own professional rights ? He needs more than educating.
Good for your for standing up for yourself. I cringe when people think just because work is online that it’s okay to steal it. A newspaper should be checking the source of all their articles, and I don’t feel any sympathy for Bob when he stole someone else’s work and then tried to bully Duane when fair payment was expected. I get that not everyone thinks the face to face confrontation was best, but under the circumstance I think Duane acted very professionally, and this method got much quicker results that going through a lawyer probably would have. Perhaps filming it could seem unnecessary, but had Bob refused to pay then Duane at least would have had actual proof that he had presented Bob with his claim, and the proper legal documentation. Bob got humiliated because of the actions he took. Bob acted like a bully, and had he apologized and offered a solution I’m sure people would have been a little more sympathetic to him.
Well done! Most of us who write anything halfway decent are too accustomed to seeing it scraped – and so begins the DMCA dance. I only wish my worst thief wasn’t in Germany.
Jerri, I’d argue that the thief’s nehaviour on camera – the attempted physical intimidation and the blustering with the suspicion that he knew he was caught – are good enough reason to show it on the internet. And I’ve seen far too many people try to argue “it was on Google” or other such naive tripe to have any sympathy with a defence of ignorance – though it would be amusing to see him try that in a courtroom.
[...] place *t* with 2/3 vote -All American Blogger –How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
[...] place *t* with 2/3 vote -All American Blogger –How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted byVA [...]
[...] Lester of AllAmericanBlogger recently wrote an excellent expose about some financial troubles in the Holt County, Missouri [...]
This is awesome. Well done on all counts!
[...] Lester of AllAmericanBlogger recently wrote an excellent expose about some financial troubles in the Holt County, Missouri [...]
[...] Lester of AllAmericanBlogger recently wrote an excellent expose about some financial troubles in the Holt County, Missouri [...]
I really chuckled at how puffed up the editor got, and how quickly he backed off when he saw the camera. And honestly, I don’t think I could have kept my cool the way you did. You were in the right, you handled it well, and you got paid. Good on ya.
I wish I could say that this will make me follow your blog, but we have very different political points of view. But that doesn’t matter in the slightest. You did solid work and handled yourself well, and I take off my hat to you.
Good luck in the new job!
Thanks for the comment.
I hope you’ll check us out once in a while and share your point of view with us.
Thanks John.
He certainly changed his tune when he was reminded of the camera. And I honestly believe he thinks I am some 20-something kid who he could scare out of his shop. Dude. I used to work with gang members. Unless Bob is a closet Crip, there’s not much he can do that I haven’t dealt with before.
Excellent! The reason he paid you is because he knew he was wrong. People in the publishing bussiness know the rules concerning copyright. They choose to ignore them out of convenience not out of lack of knowledge. And he was real quick with the check lol.
A number of years ago i photographed some sculptures for an artist. He was in an exhibition on which the newspaper did an article. They used the pictures i made without permission or credit. (This was before digital and all prints were always stamped with copyright, name and phone number on the back. Hard to overlook)
Pretty much the same thing happened. I called the editor, asked what their publication rates were. After he told me i gave him my bank account number and told him to transfer 4 times that amount to my account. (Those were the rules in Holland at the time). I got called a lot af names over the phone, but a couple of days later they had transfered the money.
These days it is worse. Images and words get copied off the internet by the boatload. Everybody knows it’s illegal, but since the chances of being sued or pursued by an individual are low they are willing to take the risk.
If, like in the case of this newspaper they use content for commercial purposes (selling newspapers) they should either get it themselves or pay for it period.
The argument of the “perpetrators” always seems to be: Oh come on. its just a picture/story etc. But “just” that story or picture seems valuable enough for them to want to use it.
So once again, nicely done.
I was told today that an editor of a small town newspaper told someone I know that, “You can take whatever you want off the Internet. It’s free to use.”
No, no it isn’t.
[...] corruption,Culture Of Corruption,Democrats,Media | Posted by Warner Todd HustonDuane Lester of AllAmericanBlogger recently wrote an excellent expose about some financial troubles in the Holt County, Missouri [...]
Wow. That was momma?!? She was something else. What was she inferring to about where you live? Was that supposed to make the theft less valid?
I don’t know. I thought at the time it was mere curiosity about me.
[...] place *t* with 2/3 vote – All American Blogger How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
[...] Lester of AllAmericanBlogger recently wrote an excellent expose about some financial troubles in the Holt County, Missouri [...]
Several years ago a national UK TV channel aired a comedy series which was ever so similar to a cartoon strip which I co-authored. At the time I was mighty peeved, but thought I could do nothing about it(their content was entirely different but the way in which they dealt with it was pretty much identical). Now, on reading descriptions here, I am wondering if my copyright has indeed been infringed. (PS it was an internationally published work of some standing, I am not like one of those people who drew a robot then Star Wars came out.)
Is there some way of consulting/seeking advice?
[...] place *t* with 2/3 vote -All American Blogger –How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
Great work.
The danish site journalisten.dk (the magazine for danish journalists) has also linked to your video:
http://journalisten.dk/kampen-ophavsretten
[...] place *t* with 2/3 vote -All American Blogger –How to Assert Copyright Over Your Work When It’s Been Plagiarized (Video) submitted by VA [...]
[...] [How to Assert Copyright Over Your Work When It’s Been Plagiarized via All American Blogger [...]
[...] his since written a step-by-step guide for other bloggers, describing how he went about securing payment for his [...]
First – you were completely in the right with regards to your work being lifted and being due compensation.
Second – you handled the situation horribly. A one time check for $500 is nothing. How about not ambushing Bob and maybe, oh I don’t know, selling him an article a month for a year. How about redesigning the newspaper’s website (if it even has one) and generating more business that way. Gets him more exposure, gets you more exposure – I think that is the definition of Win-Win. But you saw fit to take a great opportunity and flush it right down the drain. Maybe it is the political gotcha climate we live in that makes people behave like petulant children instead of creative and skilled business people. If you couldn’t work out some arrangement with the paper, then sure demand your money and do what you need to get it.
Third – What a bush league move it is to get paid and still put up the video to embarrass Bob. You think this gotcha is great, and sure you’ll get some additional page views, but ambushing an old guy is nothing to be proud about. If you ever want to be anything more than an entry level employee in some service industry (i.e. working the counter or fryer at McDonald’s) than I’d lose that youtube video and this blog post as fast as possible. I have to hire people and let me tell you the first thing I do with potential applicants is Google them. If I saw this little stunt of yours, you would never get through the door for an interview.
If this is how you talk to people, I really and truly feel pity for people who have to work for you.
[...] Blogger Duane Lester discovered that a Missouri newspaper had plagiarized one of his blog posts, he drafted a letter and visited the newspaper with a video [...]
Hurray for you! I just posted a link on the forum of the American Society of Journalists and Authors. We’re all cheering.
Reply to Rich: Duane didn’t “put up the video to embarrass Bob” and his intent wasn’t “ambushing an old guy.” He did this (as I, a freelancer and a blogger, understand it) to take a public and visible stand against the rampant copyright infringement and plagiarism that violate our right to make a living through our work. It’s easy to steal our work — it’s still illegal and just plain wrong. Duane did us all a service.
Congratulations for standing up for yourself and your rights and being professional–even when he was not. Way to go!
[...] story behind Duane’s “viral” video and why the environmental police are shutting down ice cream [...]