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  1. #1
    Join Date
    Apr 2009
    Posts
    2

    Default Submissions to a Website, Copyright and Fair Use

    Back in 2004 I submitted Three short paragraph to a website. I was not a poem but it was something that I wrote myself and posted with my first name. It was no more than 100 words.
    Since the beginning of this website which is geared for people to post their thoughts/ideas/comments/poetry it has stated on the bottom that All stories, articles, poems and comments on this site are owned by their respective authors

    In 2008 a book was published and little to my knowledge Part of the last paragraph of what I had submitted back in 2004 to that website was placed word for word in the book with a different name to the quote. This is not the focal point of the book it is simply added in and commented on.

    The book is geared to adults in the counseling field...I believe. this is what it says about the book::

    "In this timely and helpful book, youth workers, coaches, teachers, and others will get the information they need "

    Does this fall under the fair use ? I've been read through all of the laws governing intellectual property but there is just SO MUCh to read through I can't make sense of it all! I was going to write a letter to the publisher but decided I should do some research before having them come back at me for something like slander?
    Any help would be appriciated.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Submissions to a Website, Copyright and Fair Use

    Writing to a publisher to say "Hey, you misattributed that quote. Joe Schmoe didn't write that, I did, at [insert URL here], on [insert date here]. You might look to correcting that in future editions." ? NOT slander. Not even libel. Not even close.

    Libel is a deliberately false statement. Telling someone they made a mistake is factual and not actionable. So don't worry about that.

    With respect to whether quoting you - misattributed or not - falls under Fair Use is hard to say. How much was quoted? A few sentences? Probably Fair Use. The whole post? Probably not.

    What can you do about it, besides asking them to correct the attribution? Well, that depends. Have you suffered financial damages as a result of being quoted? Did your being quoted result in a loss of income or social standing for you?

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