A Publisher's Conversation with Authors: Someone stole my work! What do I do?

 


It is Tuesday. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side. 

This week's conversation continues to look at copyright issues. Last week, the conversation was about what can and cannot be copyrighted. This week looks at the next, sad, step -- what if someone steals your work, anyway. Can you do anything about it? Yes, you can. Here are some ways to deal with this, from inexpensive to expensive.

The Author of the Stolen Work

If your words appear verbatim, without citation in the work of someone else, then that person is in violation of copyright law. Are more than 100 words or lines cited, even with credit, then perhaps you or your publisher should be receiving payment? Graphics, too, must be credited -- and, sometimes, paid.

Contact the author-thief and let him/her know what you want. Do you want errata printed and put in each book for sale? Do you want the book republished without your words? Are you okay with your words being in the book/article as long as you are credited? (This is probably the best solution, a win-win.) Do you want payment for your words or graphics? (That would best be negotiated publisher to publisher and not author to author.)

Do you want to conk the thief over the head with a frying pan? Read on. 

Will the thief not selfcorrect? Read on. 

The Publisher

While authors can be arrogant, most publishers are not. They are very sensitive to issues of copyright. After all, they are protective of their own publications. 

If you meet a recalcitrant author, contact the publisher. The author will very likely get that frying pan banged against his head -- and the publisher will very likely take action.

Formal request

Sometimes, your work appears somewhere online, and it is not the fault of any particular author or publisher. In these cases, you can submit a Digital Millenium Copyright Act (DMCA) take-down notice. Here is more information about how to do that: Digital Millennium Copyright Act (DMCA) 101.

Seek professional help

There are intellectual property rights lawyers who can bring lawsuits. There are professional publishing organizations that can bring pressure. Your publisher will likely make the decision on whether to seek help. If you are self-published, you will need to follow up on these venues of assistance yourself.

And a final note: make sure your work is always DRM protected in the physical publication process. (Your publisher will be on top of this, but if you are self-publishing that may not be the case.) And do register your copyright within 90 days of your work appearing in published form in public with the Library of Congress: Register Your Work: Registration Portal | U.S. Copyright Office. It is inexpensive and fairly straightforward, and the LOC staff will help you if you get stuck. Don't be fooled into paying for services from some of the companies out there that will just do what you can do anyway and charge you five times the LOC fee!

Bottom line: Start easy and informal -- it is faster and cheaper. Move to formal and then seek professional help if you get nowhere.

See more copyright topics HERE.

See more Publisher Conversations with Authors HERE.



 Learn more about publishing from an acquisitions editor -- how to get your book proposal accepted, why proposals are turned down/accepted, and how to find the right publisher for your book. On special sale for $5 while inventory lasts at MSI Press webstore. Also available as an e-book and an audiobook.



The Tuesday talks reflect real discussions between the management of MSI Press LLC and our own authors or those would-be authors who come through our doors but don't make the cut--yet. If you have a topic that you would like addressed, leave the question in the comment section. Chances are, in our 18 years of publishing first-time and experiences authors, we have had a conversation with one of our authors that we can share with you.

                             

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