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Just wondering how some of the fine folk on here think about this.

As you know, i fish a lot. I post our adventures on a fishing site. Been going on for years.

A buddy just emailed me, congradulating me on my fine article in the latest Muskie Magazine...

I said i had no idea what he's talking about....as i didn't do anything. Apparently, this magazine has taken my online post ('apparently' pictures and all) and printed it in their magazine....

Now, i'm not saying i wanted anything in return, as i would have gladly allowed them to use it...but....they didn't even ask?!

I emailed them, and they simply said they'd send us two free copies for our own enjoyment....

I'm thinking I should get a free subscription or something....i'm going to wait and see when the issue comes, and see if they used my photo's in colour, and what text they used (paraphrased or simply copied what i wrote...)

Any thoughts on this?

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Check the site on which you posted the stuff originally, and see what copyright, if any, it gives you. It may be that, in posting to the site, you've given up any rights you had. If that's the case, you may not be entitled to anything.

If it's the case that you do retain copyright on what you posted, then the magazine has infringed on your copyright, and you have a case. At the very least, they should have asked you if you were OK with them publishing what you posted.

Aloha,

Brad

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With respect, Shain, I disagree.

Unless you agreed to assign your copyright in the article to them by posting it on their site, you retain copyright in the work. Copyright arises automatically when you write the work. As the copyright holder, you have the right to control that work.

The problem, however, is that you would have to take some serious legal action to police your copyright, but I doubt there is much financial value in that to the point that you'd actually pursue it.

Here's a link to an article on the topic. Read the sections on copyright, and it should provide some useful information for you.

Oh, and sorry to be so uptight, but I must also write ... DISCLAIMER: I'M NOT A LICENSED LAWYER IN YOUR PROVINCE, AND THIS IS NOT INTENDED TO BE LEGAL ADVICE OR TO CREATE A SOLICITOR/CLIENT RELATIONSHIP.

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It nay not be worth your while to pursue it legally, secondtube, but when you receive the publication if you are not acknowledged and thanked as being the author/photographer, i would be sending them a strongly worded letter letting them know that this "oversight" is to be corrected publicly in their next edition. As StnMtn points out what they did is wrong from both an ethical and a leagl perspective.

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it wasn't even a muskie of mine that made it in...

they posted a fantastic walleye trip i did during the end of DECEMBER of last year....it was crazy. we were crazy. i had a writer approach me about publishing it as a small story....

the magazine apparently used it to show not only muskie anglers are crazy, but Walleye anglers as well...

Here's two answers from two writer friends of mine.

Holy crap! As an artist and writer I am amazed at that! Forget the free issues. I would demand appropriate payment for your intellectual property, and an additional fee for publishing without your consent.

That is illegal what they did, especially if they are aware who the author of the article is. HEck. PM me and I'll call them for you! That unbelieveable and disgusting!

Steve,

No one has the right to do this, it is copyright infringement and you should not allow it. As a minimum they need your signed release to publish or quote your article or thoughts...same for the images.

The only way around this is if you posted the information on a site they own and operate, in most cases during the sign-up or within the site use instructions they will have a clause where they own the information you publicly post on the site.

Now if you did not post on one of their sites, I would not allow this organization to use any of your intellectual property with out a previous agreement in the form of written consent, contract for payment or hire. If you can afford a lawyer I would definitely get legal advise.

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you want to see our report where were fishing January 2nd (this month)?

tons of fun!

http://forums.quintefishing.com/phpBB2/viewtopic.php?t=3116

And finally, here's our report from a Week Ago Today.

http://fish-hawk.net/hawktalk/viewtopic.php?t=17461&sid=d6037342f969f713fa7ada46e2326673

Lots of open water fishing available right now...

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