Any copyright attorneys here?

[WanderingSpectator]

I had someone steal one of my true crime posts and make a two-episode podcast out of it. They literally read my post verbatim and claimed it as their own. They said they found all of the documents and were going to post them on Patreon for their highest paying subscribers. Not a single mention of my site.

If they asked, I probably would have given them permission as long as I got credit. Now, I’m considering other options.

Would appreciate some guidance.

DM me if you prefer to remain anonymous.

 

[SleepyLion]

I had someone steal one of my true crime posts and make a two-episode podcast out of it. They literally read my post verbatim and claimed it as their own. They said they found all of the documents and were going to post them on Patreon for their highest paying subscribers. Not a single mention of my site.

If they asked, I probably would have given them permission as long as I got credit. Now, I’m considering other options.

Would appreciate some guidance.

DM me if you prefer to remain anonymous.

I hope you at least get a few hundred dollars so they know this is a A$$hole move.
Hopefully you can settle and get a NDA so they don't have a podcast disparaging you.

 

[kgilbert78]

One point people should be aware of, and this has been true for some years. The US accepted the Berne Convention a fair number of years ago. That means that copyright is now automatic. You used to have to put a copyright notice in your stuff. It's not a bad idea, but is no longer needed. However, posting in some places does give the site a license to use your material (needed, as bulletin boards would not work otherwise). Some can go further, claiming that a post transfers copyright to them (if you are an author, this is actually part of the process, as you could not sell magazines otherwise, for example). The TOS is important. Even there, you do retain a lot of rights.

I am not a copyright attorney, but I worked in the field of scientific publishing for 40 years.

 

[WanderingSpectator]

I ran their transcript and my post through Grok to see how much was used. My post was 1082 words.

“The episodes copied ~920 words (~85%) verbatim, relying on your research for 60%–70% of their content, proving its value to podcasters. Their use of your documents as Patreon rewards further highlights demand for your curated materials.”

 

[Mr. Potter]

What are your damages? I understand the intellectual property part.
I ask because any attorney is going to know what the $$ loss is, outside of the credit for creation.

Shalom.

If you give an email and I'll shoot you my phone number if you would like to speak.

 

[WanderingSpectator]

What are your damages? I understand the intellectual property part.
I ask because any attorney is going to know what the $$ loss is, outside of the credit for creation.

Shalom.

If you give an email and I'll shoot you my phone number if you would like to speak.

Sent you a message. Click on the envelope next to your profile pic on the top right of your screen.

 

[WanderingSpectator]

What are your damages? I understand the intellectual property part.
I ask because any attorney is going to know what the $$ loss is, outside of the credit for creation.

Shalom.

If you give an email and I'll shoot you my phone number if you would like to speak.

I think there are three things at play here.

1) My lost revenue.
2) Their revenue earned that is attributed to my content
3) Their willful negligence in plagiarism

 

[saturdaysarebetter]

I think there are three things at play here.

1) My lost revenue.
2) Their revenue earned that is attributed to my content
3) Their willful negligence in plagiarism

You can still be elected President of the United States even if you are a plagarist. Just sayin.

 

[Midnighter]

I had someone steal one of my true crime posts and make a two-episode podcast out of it. They literally read my post verbatim and claimed it as their own. They said they found all of the documents and were going to post them on Patreon for their highest paying subscribers. Not a single mention of my site.

If they asked, I probably would have given them permission as long as I got credit. Now, I’m considering other options.

Would appreciate some guidance.

DM me if you prefer to remain anonymous.

I know people who know people. What outcome are you looking for?

Edit: Friend says he’s willing to chat (gratis). He’s an IP attorney in DC. Very successful. Let me know if you’re interested….

 

[Mr. Potter]

I think there are three things at play here.

1) My lost revenue.
2) Their revenue earned that is attributed to my content
3) Their willful negligence in plagiarism

Sent you a message. Click on the envelope next to your profile pic on the top right of your screen.

Emailed you

 

[WanderingSpectator]

I know people who know people. What outcome are you looking for?

Edit: Friend says he’s willing to chat (gratis). He’s an IP attorney in DC. Very successful. Let me know if you’re interested….

Good question. I'm not sure just yet. The way I see it, I have multiple options:

1) Get them to take down the posts/content.​

2) Leave it up, but issue an apology and give proper credit​

3) Ask for a small stipend for the content​

4) Go all-in, hire a lawyer, and go for the max​

5) Do nothing​

I'm sure if I asked them to remove it, they would. They know they're wrong. I get nothing and they've already profited from it.
If an apology/proper credit, they can continue to profit from the post and I may see a slight boost in traffic (but I don't monetize my site.
If I ask for a small stipend, they may ignore the initial ask, thinking they can blow it off. I get a few bucks, but they may use it for other purposes.
If I go all-in, I did some digging and believe there could be a case for up to $30,000 in damages based on a lot of factors. And more if I register and go for statutory damages if they continue to keep the podcast and document live. Case could be up to $150k or more in that case.
If I do nothing, they will continue to steal others' content.

Happy to get any opinions, including your friend's.

Messaged you.

 

[Midnighter]

Good question. I'm not sure just yet. The way I see it, I have multiple options:

1) Get them to take down the posts/content.​

2) Leave it up, but issue an apology and give proper credit​

3) Ask for a small stipend for the content​

4) Go all-in, hire a lawyer, and go for the max​

5) Do nothing​

I'm sure if I asked them to remove it, they would. They know they're wrong. I get nothing and they've already profited from it.
If an apology/proper credit, they can continue to profit from the post and I may see a slight boost in traffic (but I don't monetize my site.
If I ask for a small stipend, they may ignore the initial ask, thinking they can blow it off. I get a few bucks, but they may use it for other purposes.
If I go all-in, I did some digging and believe there could be a case for up to $30,000 in damages based on a lot of factors. And more if I register and go for statutory damages if they continue to keep the podcast and document live. Case could be up to $150k or more in that case.
If I do nothing, they will continue to steal others' content.

Happy to get any opinions, including your friend's.

Messaged you.

Got your DM. I’ll send his email address.

 

[rudedude]

something like this?

 

[Nittering Nabob]

Threads like this are what make this board so great. Well connected posters helping fellow posters.

Sure we might periodically disagree, but in the end we're all PSU friends.

 

[WanderingSpectator]

Couldn’t agree more. Great collection of wisdom - most days

 

[LionJim]

Threads like this are what make this board so great. Well connected posters helping fellow posters.

Sure we might periodically disagree, but in the end we're all PSU friends.

This is true. This is my only social media, don’t need or want another.

 

[WanderingSpectator]

I'm also considering creating a win/win. Pay me a reasonable amount, plus a penalty, for the last episode. And then license a couple of additional posts I've already written.