
Last week, I froze in a moment of horror when I saw my very words show up (vitually unattributed, except for the teeny-tiny type at the bottom of the article) on someone else’s blog. After some schnuckling around, I learned that I was not the only person the “perpetrator” had done this to. Ultimately, there’s a happy ending. I didn’t have to stomp and snort and raise Cain because (as I found out after more schnuckling) the “perpetrator” is a legimitate content partner, with prior permission to use the work.
But let’s say the “perp” didn’t have prior permission. Why isn’t is fair to just use the article and give me attribution?
Under the copyright laws, fair use allows for some degree of use of a portion of a work if it’s in connection with news, reporting, education, commentary and the like. But in my case, the website used virtually the entire “work” (article). It was just scooped up–without prior permission–and plunked it onto the site. So the amount used isn’t strictly “fair use.”
In addition, many internet sites are not functioning out of the goodness of their hearts–they’re commercial enterprises, which means they’re trying to attract visitors (and ad revenue) to their site using the strength of someone else’s content. If they are purely educational institutions, there’s leeway given for that. But they’re not (see note about ad revenue), so wholesale copying and pasting of OPIP (other people’s intellectual property) isn’t kosher.
One appropriate way to handle OPIP is to write an original introduction to the subject and then link to the article. Or pick up a small snippet of the article and delve more deeply into a (original) discussion of the issue. Or have a conversation with the author of the work (gee, isn’t that what all this social media stuff is about–building community?) and ask for permission. Prior permission trumps all else.
Then I must ask permission 🙂
schnuckling
To schnuckle
I schnuckled
I love it!
Regards,
Elliot Ross
Good article and very true, but there are worse cases of there, were people steal huge chunks out of the lives of others!
Good article and very true, but there are worse cases out there, were people steal huge chunks out of the lives of others to profiteer out of!
If I file a petition to cancel a registered trademark on the ground that it’s been abandoned, how easy would it be for the trademark’s owner to challenge the petition even though he/she hasn’t been using the mark in any commercial capacity for 3+ years?
Thanks for reaching out, Zach. It’s not easy to rebut the presumption that a trademark has been abandoned after 3 years … but it can be done. The International Trademark Association has a fact sheet that talks about trademark abandonment. To make sure you don’t squander your money, also be sure to consult with a trademark attorney to ensure you have your own ducks in a row when it comes to bringing the application.