Liability & Legality

**Mikhail Simkin** · 10-15-2009, 12:12 AM

and printed it in 600, 000 copies.

I wonder what can I use to prove my authorship in court?

Before it was stolen the material was viewed by over 6000 people and discussed in some 70+ blogs and forums, which linked to my webpage. Is it a good proof?

Can a dated backup file from my hosting provider serve as a proof?

**webwest** · 10-15-2009, 02:19 AM

Ask an attorney since it's a legal matter

**legallink** · 10-27-2009, 11:54 AM

If you can prove you published it first, well, the DMCA is the first step, as they are probably continually publishing it on their website.

To prove you published it first, it would be all about records of print publication, and the comments and dates associated with the discussion of the article. If they are all after the newspaper then you are SOL (Because I, like a reasonable person would assume that you are not the original author.) However, if you did publish it first, and then can demonstrate people discussing your article prior to publication, well, then you have to go after them for copyright infringement.

Jeff

**Clarence_82** · 10-27-2009, 01:30 PM

Maybe you could ask them to just reference you in another release and get some publicity from it. Could be a blessing in disguise, if you can get a hold of the big dogs that didn't realize their journalist stole it from you. It will take less to prove it to them then to a court.

**Mikhail Simkin** · 12-02-2009, 11:53 PM

Quote:

Originally Posted by legallink

To prove you published it first, it would be all about records of print publication, and the comments and dates associated with the discussion of the article.

Not sure what you mean. The first print publication was obviously theirs.
The first publication on internet was mine and was five month prior to theirs. Prior to their publication there appeared 70 blogs and forum threads (large fraction of them four month before) which did link to my webpage. In several of them in addition to a link to my website the complete material was reposted. Many of them are livejournal blogs. As much as I understand the dates in such blogs can not be set arbitrary by bloggers, so they can serve as proof.

**MoForce** · 12-23-2009, 02:25 AM

Quote:

Originally Posted by Clarence_82

Maybe you could ask them to just reference you in another release and get some publicity from it. Could be a blessing in disguise, if you can get a hold of the big dogs that didn't realize their journalist stole it from you. It will take less to prove it to them then to a court.

I'd go for this route... imagine... 600,000+ people learning about you

**Brian07002** · 05:11 AM

I only wish something like that could've happened to me when I had my site years ago, maybe it would've took off...Well, like a rocket, cause I did make some sales, but not quite as much as I needed at the time. Sheesh, 600,000+ people learning about me wouldn't have been too shabby at all! I would go all the way on this route.

**Mikhail Simkin** · 02-02-2010, 02:53 AM

Quote:

Originally Posted by Clarence_82

Maybe you could ask them to just reference you in another release and get some publicity from it. Could be a blessing in disguise, if you can get a hold of the big dogs that didn't realize their journalist stole it from you. It will take less to prove it to them then to a court.

Apparently they take into consideration only what it takes to prove it in court. If one can't, why would they care?

**willcode4beer** · 02-18-2010, 05:25 PM

Quote:

Originally Posted by Mikhail Simkin

Not sure what you mean. The first print publication was obviously theirs.
The first publication on internet was mine and was five month prior to theirs. Prior to their publication there appeared 70 blogs and forum threads (large fraction of them four month before) which did link to my webpage. In several of them in addition to a link to my website the complete material was reposted. Many of them are livejournal blogs. As much as I understand the dates in such blogs can not be set arbitrary by bloggers, so they can serve as proof.

First, collect as much evidence as possible.

Next, write the editor of the paper, explaining the situation, and what you want.

If you can not come to an agreeable resolution with the editor, then pursue legal action. The editor will want to avoid this at all costs because competing newspapers would tear him apart over plagiarism.

**legallink** · 03-18-2010, 08:07 AM

willcode has the right approach....you should write a letter explaining that they lifted it, and then go from there. If you can easily prove that you published it first, you have a direct copyright violation and can sue, and the paper knows this.

**ThailandForum** · 03-18-2010, 09:25 AM

Quote:

Originally Posted by Mikhail Simkin

Not sure what you mean. The first print publication was obviously theirs.
The first publication on internet was mine and was five month prior to theirs. Prior to their publication there appeared 70 blogs and forum threads (large fraction of them four month before) which did link to my webpage. In several of them in addition to a link to my website the complete material was reposted. Many of them are livejournal blogs. As much as I understand the dates in such blogs can not be set arbitrary by bloggers, so they can serve as proof.

You stole it from them and put it on the net? If you did you are the thief.

You can have a look in the waybackmachine to get proof of first posting if it is listed. archive.org

**frih** · 03-18-2010, 11:05 AM

You can use Google dmca. Google will automatically take an account of this.
They will check their search result for this.

**Sierra Charlie** · 03-19-2010, 04:10 AM

Finding all the information and resolve to negotiation is the best way. After all, if you can find enough evidence, you can push them to give you some publicity in their paper or if they ask you to take a hike, you can then do an article on your site regarding the and create a lot of buzz.

**saramedows** · 03-27-2010, 10:56 AM

Charlie's suggestion seems to be appropriate. you can resolve the issue by negotiating. this will save your time as well as money.