I need a publishers or writers opinion on Copy right laws for the written word. My question is for those who write for a living. Say I post an article on a site. This article involves how to do a certain method that has not been mentioned on any site before or even written about as far as I know, but I have freely shared process over the internet and it has even been posted in a help section, with my permission. Now let say I would like to have it published in a magazine. Who now has the copy rights; the help site or the magazine? Both have my permission. In no way will I receive a gratuity An as far as I know no one else has written on this procedure. So I believe there is no plagiarism involved.

Good Wraps Bob

I assume the magazine since they're the ones who had to spellcheck everything.

Billy Nothing wrong with spelling or punctuations ether. Yes to your question. Let take a look at Thread Weaving how many articles have been written on this subject by different individuals and they all come up with the same results. Say the poster in the help section released all liability to ownership to the posted article. What say you then.

Good Wraps Bob

Bob,
Here is a place to start your research

[www.templetons.com]

Raymond Adams
Eventually, all things merge, and a river runs through it..

Thanks Ray This is what I need to check on. ( Facts and ideas can't be copyrighted, only expressions of creative effort). I owe you a cold one and a pizza when you come North
Good Wraps Bob

Good Wraps Bob

I'm no lawyer, but i think if you have some sorta new unique idea that had some value or benefit to you or yourbusiness, that it would be considered your 'trade secret' (which does enjoy some legal protection against theft); but since you took absolutely NO action to protect it, I dont think it's yours anymore, and anyone could take it, reshape it if they want, and make it theirs for whatever benefit they can find in it...its up for grabs.

This exact scenario happened to me. When published, the Editor or magazine owns the edited version. Before editing, you own the work and after editing, you still own the original words. So, once you write something out, its yours, your words, your style. Once edited, its the mags.
It would be nice if you could patent a process, but that will never happen.
Good Luck Bob.

Kevin



Edited 1 time(s). Last edit at 03/08/2009 07:58AM by kevin knox.

The article would belong to the magazine (or website), the information would belong to you. There is a difference between the two.

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Question is then if I changed the procedure, then could I have another magazine print it or can I use the same wording and have it printed print

Good Wraps Bob

Re-writing the document would make it a new document even if the content was the same.
Change a word here & there, use a different word or to describe the same process. Etc.

As you were the original author of the subject matter you have no worries regarding plagiarism.

Raymond Adams
Eventually, all things merge, and a river runs through it..

Thank you all for your help and suggestions.
Good Wraps Bob

Good Wraps Bob

When it was published, the magazine copy-writes and owns it whether it was edited or not. If you edit it by changing a few words and then re publish, it is plagiarism. You own the knowledge/idea but NOT the article. If you take from the article, you are plagiarizing it. You do not have to take the whole article for it to be plagiarism

Mike (Southgate, MI)
If I don't want to, I don't have to and nobody can make me (except my wife) cuz I'm RETIRED!!

Not entirely true Mike,

I do know that I was told by a publisher that an author of a published article could re-write and then
submit it to me for my website without worry of copyright infringement of the published work.

I guess a complete "re-write" as opposed to just editing would be where that line would be drawn
and what constitutes a rewrite and not just editing could be a grey area for an attorney to sort through.

Raymond Adams
Eventually, all things merge, and a river runs through it..

Mike how many aticales have you read on weaving by differnt rod builder on the same weave. These articals are found in different books and publication. These guys are using the same method. Is There is no mention of the other authors or publications. Is this not plagiarizing?

Good Wraps Bob

Hey guys I thank you for you input. Some where out there has to be a rod builder who is also a Lawyer, editor or publisher that can give us some insight. Case in point every time some one answers a question here, are they not in fact plagiarizing someone else's ideas or methods of doing some thing? Even tho they say this is “how I do it”. Someone of this type of knowledge please chime in.

Good Wraps Bob

Here is something to add.

Plagiarism is not copyright infringement. While both terms may apply to a particular act, they are different transgressions. Copyright infringement is a violation of the rights of a copyright holder, when material protected by copyright is used without consent. On the other hand, plagiarism is concerned with the unearned increment to the plagiarizing author's reputation that is achieved through false claims of authorship.

The above paragraph was copied from Wikipedia and due to "Fair Use" was not an infrigment on copyright.

Raymond Adams
Eventually, all things merge, and a river runs through it..

Bob,

An idea can not be copyrighted. Even though several people are writing about THEIR method of doing a particular weave, they are writing a different article describing THEIR method. If they were to use numerous paragraphs identical to another persons article, it would be a copyright infringement

Raymond, you are right on the use of the word plagarism, but changing/editing would be a copyright infringement while a whole new article on the same subject/method would not.

Mike (Southgate, MI)
If I don't want to, I don't have to and nobody can make me (except my wife) cuz I'm RETIRED!!

Agreed Mike.

To get to the meat of this discussion probably requires advice from a copyright attorney.

From what I been able to determine, copyright protection is bestowed upon the work at the time of creation by the author, is held long after their death, can be transfered, and posting the work on a website is the same as publication in a written magazine. What I didn't realize until recently is the similarity of a magazine and a website where copyright is concerned and that by owning the website, I as owner then has copyright protection for all content therein. I would assume that the author's copyright is still valid as well and was NOT transfered to me by allowing the work to be posted unless a written agreement to that effect was drafted & signed. Or was it?

Another question:
All of the author's allowed me to post their works knowing that said works would be distributed FREE without any cost to visiting rod builders. What would happen if I sold my website and the new owner decided to charge a fee per download or something. The original agreement between myself & the authors
would no longer be in effect. I assume the authors could use their copyright protection to either demand monetary compensation for the now "different" use of their work or at the very least sue for a "cease and desist injunction". Am I correct?

Raymond Adams
Eventually, all things merge, and a river runs through it..

This getting more interesting and involved by the minute. Tom chime in!! Does this mean you have the copy rights to every post sent here sense you own this site? From what I am reading. Every thing posted on any site is just the same as having it published in a magazine correct. Now what about false or inaccurate information. Who is responsible? Both you and Ralph corrected me when I made a miss-statement about Epoxies. At that point I corrected my statement and apologized to everyone. What happens to those who do not acknowledge they were giving out miss information. Thank you all for your help. If you wan to continue on with this topic, email me at balcomberods@aol.com I think I am off to my Abyss and absorb all these great comments.

Good Wraps Bob

Bob,

A forum is not quite the same thing as a magazine. What appears in RodMaker, regardless of who wrote it, belongs to me. The information is still the author's but the articles (text, photos, layout, etc.) as they appeared belong to me.

A forum isn't quite the same thing. Although you are using my medium to post or publish your thoughts, I do not own that. It is not something I have published.

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Raymond,

You're in a different spot - regardless of whether or not the copyright owners told you that you could publish their work for free, they did not, I assume, turn over their copyrights to you. Did they? I certainly didn't. So neither you nor any new owner of your site could sell, print, etc., those items. All you can do is host them on your website.

The instant somebody there decided to charge a fee for access to the articles, the copyright owners could legally have their works removed from your site.

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