Freelancer’s Question: I’d really appreciate some advice as my published piece appeared online, unpaid. To explain, I had a piece published in 2003; usual first British rights, which was paid, and all OK. I write under the name Sara Eliot. Then I forgot about it. But I have just discovered it word-for-word online at another publisher, dated 21 May 2009! Although the publisher has given the right by-line and picture credits, it has wrongly stated ‘copyright Sara Eliot 2008.’ The real copyright date was 2003. They have failed to cite where it was published first, so presumably they just lifted it. I’m fed up because I was just getting it ready to try to sell it a paper in the US, but I’m not sure if I can now. Any ideas on what I can do?
Expert’s Answer: First, you have to decide what you want - do you want your article removed, or do you want them to pay for it? Tailor your opening salvo accordingly. Next, get the details of the website owner. Under the ecommerce regulations 2002, the proprietor of a website is obliged to show the identity and contact details.
Then email, and copy by post, something which covers the following ground:
1.
State the facts
Tell them that you are the author (and indeed, here, that they correctly acknowledge this, even though the copyright date is 2003 and not 2008) and the owner of the copyright in it
2.
State what they have done wrong
Tell them that you have not granted them the rights to republish it
3.
State what the consequences have been
Tell them that they have made use of your property without paying for it; and that this may have interfered with your own ability to sell the article elsewhere
4.
State what you want them to do
For example, tell them that you require them to remove it, and how much you want them to pay you for its use whilst they did display it. And if you wish offer them the right to continue to display it; tell them at what cost
5.
Reserve your position
Tell them that at this stage you hope the matter can be resolved amicably, but if it cannot you reserve all your rights to take such legal action as you may be advised is appropriate.
Good luck!
Answer provided by Roger Sinclair, a legal consultant at Egos Consultancy Ltd, a freelance contract specialist.
Editorial image: MikeBlogs
Jun 8, 2009
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