secondtube Posted January 29, 2006 Report Share Posted January 29, 2006 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? Link to comment Share on other sites More sharing options...
bradm Posted January 29, 2006 Report Share Posted January 29, 2006 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 Link to comment Share on other sites More sharing options...
secondtube Posted January 29, 2006 Author Report Share Posted January 29, 2006 i dont even know what site they pulled it from?!i only posted it on two sites....i'm assuming from one of them.i'll check out the sites, and see what i can find...i'm not really pissed, more just surprised/annoyed that they didn't even 'ask' if they could use any pictures or text. Link to comment Share on other sites More sharing options...
bouche Posted January 29, 2006 Report Share Posted January 29, 2006 Ask for a free subscription and say that you'll provide more content for their magazine. If not, tell them you'll stop supporting their site by not contributing anymore. Link to comment Share on other sites More sharing options...
shainhouse Posted January 29, 2006 Report Share Posted January 29, 2006 What they did ain't exactly ethical, but it's legal. Link to comment Share on other sites More sharing options...
Blane Posted January 29, 2006 Report Share Posted January 29, 2006 or ask for the usual payment that they provide writers for their mag. Link to comment Share on other sites More sharing options...
secondtube Posted January 29, 2006 Author Report Share Posted January 29, 2006 it wasn't their site....the site the info was posted on has nothing to do with the magazine....as a matter of fact, its a Canadian site, and an American magazine.if it was the magazine's OWN site, i'd understand a bit more...but the magazine and the site(s) posted on have nothing to do with one another. Link to comment Share on other sites More sharing options...
Dr. J Posted January 29, 2006 Report Share Posted January 29, 2006 Did the magazine acknowledge the rightful author and photographer? They are selling someone else's property for the sole purpose of financial gain. I don't see how that can be deemed legal. Link to comment Share on other sites More sharing options...
secondtube Posted January 29, 2006 Author Report Share Posted January 29, 2006 dont know....i'll see when it arrives...its actually a strange magazine...its not sold in stores. its a monthly 'review' for members of Muskies Inc. Its basically a full magazine, sent to members each month, as part of their membership fee. Link to comment Share on other sites More sharing options...
Dr. J Posted January 29, 2006 Report Share Posted January 29, 2006 It's still being sold. The price is simply included in the membership fee. Link to comment Share on other sites More sharing options...
secondtube Posted January 29, 2006 Author Report Share Posted January 29, 2006 that is correct. Link to comment Share on other sites More sharing options...
StoneMtn Posted January 29, 2006 Report Share Posted January 29, 2006 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. Link to comment Share on other sites More sharing options...
secondtube Posted January 29, 2006 Author Report Share Posted January 29, 2006 thanks for the info, and remember, the post 'wasn't' on the magazines site....but a site totally unaffiliated with the said publication. Link to comment Share on other sites More sharing options...
bradm Posted January 29, 2006 Report Share Posted January 29, 2006 Right, but you may have given that site the copyright to your post (as part of the terms of service for you using the site); if you did, and if that site agreed to allow the magazine to publish it, there isn't a lot you can do.Aloha,Brad Link to comment Share on other sites More sharing options...
secondtube Posted January 29, 2006 Author Report Share Posted January 29, 2006 that is also correct. thanks, i'm going to look into it further when i receive the article, and see how much of my writing/pictures they used. Link to comment Share on other sites More sharing options...
Dr. J Posted January 29, 2006 Report Share Posted January 29, 2006 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. Link to comment Share on other sites More sharing options...
bouche Posted January 29, 2006 Report Share Posted January 29, 2006 Does that magazine feature a "Muskie O' the Month" ?? Link to comment Share on other sites More sharing options...
secondtube Posted January 29, 2006 Author Report Share Posted January 29, 2006 (edited) 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. Edited January 29, 2006 by Guest Link to comment Share on other sites More sharing options...
secondtube Posted January 29, 2006 Author Report Share Posted January 29, 2006 Finally, i guess i'll give a link to the report itself, to see what they had access to taking... Stolen Report Here Link to comment Share on other sites More sharing options...
shainhouse Posted January 29, 2006 Report Share Posted January 29, 2006 Corey,You are right if the magazine charges for copies. Then they are legally obliged to give every writer an assignment form, with an assigned kill fee and a pay arrangement. Steve, you were ripped off, in theory. I'd ask for some compensation. Link to comment Share on other sites More sharing options...
YearsAlongTheSea Posted January 29, 2006 Report Share Posted January 29, 2006 In my eyes you've got them by the balls but Relix still owes me $20 and I'm not doing much about it so who am I to say. But, you should find out what else they've been publishing of yours. This paper trail might be longer than you think. Link to comment Share on other sites More sharing options...
bouche Posted January 29, 2006 Report Share Posted January 29, 2006 It's official.... 2nd Tube is a fish fan. Also, I think he MUST be insane to be fishing in DECEMBER! Hats off to you and, but YOU CRAZY! You should have your own TV show, or better yet, just make a fishing podcast! Link to comment Share on other sites More sharing options...
secondtube Posted January 29, 2006 Author Report Share Posted January 29, 2006 (edited) you want to see our report where were fishing January 2nd (this month)?tons of fun!http://forums.quintefishing.com/phpBB2/viewtopic.php?t=3116And finally, here's our report from a Week Ago Today. http://fish-hawk.net/hawktalk/viewtopic.php?t=17461&sid=d6037342f969f713fa7ada46e2326673Lots of open water fishing available right now... Edited January 29, 2006 by Guest Link to comment Share on other sites More sharing options...
c-towns Posted January 29, 2006 Report Share Posted January 29, 2006 dude, you should be a guide. Link to comment Share on other sites More sharing options...
Lazlo Posted January 29, 2006 Report Share Posted January 29, 2006 Steve,Fuck all this legal mumbo-jumbo, get some addresses. Link to comment Share on other sites More sharing options...
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