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Posts: 3111
Location: Nashville TN. | Newspaper makes a slight corrections but still uses the quote and still cites back to web site
that is engaging copyright infringement.
Does not acknowledge the actual copyright holder.
Newspaper doesn’t want seem to be willing to make a correction.
So my question
First is ethical behavior by the newspaper?
Next is this a case of plagiarism by the newspaper? |
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Joined:
July 2003
Posts: 3111
Location: Nashville TN. | opps
I do not copy it all
So opinions needed............
A newspaper reporter goes to a web site and takes a quote from it.
The web site is actually engaging in copyright infringement.
They do not own the material.
The newspaper informed of the actual source of the material.
Furthermore, they are informed copyright applies and quote they are using is from a registered copyright.
Newspaper makes a slight corrections but still uses the quote and still cites back to web site
that is engaging copyright infringement. Does not acknowledge the actual copyright holder.
Newspaper doesn’t want seem to be willing to make a correction.
So my question
First is ethical behavior by the newspaper?
Next is this a case of plagiarism by the newspaper? |
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September 2006
Posts: 10777
Location: Keepin' It Weird in Portland, OR | Uh... So how could you quote anything without it being plagiarism or infringement?
If I am a newspaper I must quote Something in the course of writing a story, or else how do I allow my readers to know what I am talking about?
As to the material... The website doesn't own it.
And the writer doesn't own it.
I don't own this piece of prose that I am typing now.
As soon as it hits the internet it is open source material.
Otherwise... Isn't hitting the quote button on this thread copyright infringement.
If I don't want people quoting my material, I shouldn't be putting it on the internet.
This applies to newspapers and magazines also.
But as to your question... I don't know the correct legal answer. :confused: |
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December 2001
Posts: 7247
Location: The Great Pacific Northwest | And just to bring this around to a music related topic... cause it is loosely related... The "protection" of a Copyright or Trademark is the responsibility of the owner. But as OMA stated, if it's in the public domain, it's in the public domain. |
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Posts: 3111
Location: Nashville TN. | Here of overview of copyright
http://en.wikipedia.org/wiki/Wikipedia:Public_domain
I own the copyright told the paper and paper ignored it. The blogger said tough.
I likily sueing.
But wondering of the ethics of paper doing this.
3/4 way down on the pages addresses public record and public domain. |
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April 2008
Posts: 2985
Location: Sydney, Australia | Most copyright law contains "fair use" provisions, usually 10% or one chapter (whichever is less?). It only becomes plagarism if they are claiming it as their own work.
Hence I can breach copyright without committing plagarism, because I reference the orginal author. |
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Posts: 3111
Location: Nashville TN. | Fair used has to have citiation to the owner. |
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September 2008
Posts: 1281
Location: Ohio | My understanding as a photogrpher is that for journalistic use, no copyright need be stated., If you are usning it to seel a product or service, the copyright has to be there. |
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May 2003
Posts: 4389
Location: Capital District, NY, USA Minor Outlying Islands | Most newspaper reporters outside of big cities are underpaid shlubs, probably working part time.
That said, once there's been a mistake, at least in the old days when I edited a computer magazine, we'd publish a "beg pardon" in the next issue once we learned of an error. This was in the days before the internet (1983 - 85).
Sounds like what's going on is that one of your songs was plagerized and posted on someone else's website, unbeknownst to the reporter and now he's in a pickle. I'd write to the reporter, and tell him I'm not satisfied with their response, and that they should remove the link, and replace it with a link to your website as you are the original author of the song. I'd also notify the plagerizer to remove the song from his webiste. As to what leverage you have, I have no idea. Good luck. |
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October 2005
Posts: 4081
Location: Utah | This does seem unethical on the part of the newspaper. They should properly credit the original author. My guess is that they are hiding behind the weak argument of "we say it comes from xyz.com, and it really does appear on that website". Factually it can be found there. But that is not the original source or copyright holder. The paper is probably hoping the issue goes away.
It is not plagiarism if the newspaper is not claiming that they created the material. Since you state it is a registered copyright, I'll assume the material is lyrics to a song. The paper quotes the lyrics and states a website, so they are not claiming the newspaper wrote the lyrics.
The other website is definitely in violation of copyright.
I would have a lawyer send a letter to the other website. Alternatively, you could send a REGISTERED letter with delivery receipt so you know that the owner of the website received it. Demand that they fix their website within a short time, maybe 3 days, or you will take legal action. My experience is that DIY legal work isn't effective because the other person doesn't take anything seriously until lawyers get involved.
If the website is making any money, you have a good case for damages, and your registered copyright is in your favor because it now specifically allows for recovery of legal fees. That is one of the very best reasons for filing the copyright paperwork. Without it, legal fees are not automatically paid by the loser, so lawyers are less likely to want to take your case. |
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Location: Campbell River, British Columbia | Give him ten bucks and Mark might have an opinion...
;-) |
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March 2005
Posts: 12761
Location: Boise, Idaho | Originally posted by fillhixx:
Give him ten bucks and Mark might have an opinion...
;-) Nope. It would take a lot more for me to learn as much copyright law as you guys already know. I hope I didn't break any laws by quoting Phil. |
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OT anyone ever work in the media or for a newspaper
