Yesterday, I discussed how to find out if you’ve been plagiarized, or at least had your stuff used without permission, but with your byline intact.
When that happens, it’s not uncommon to feel both flattered and angry at the same time. Jason Offutt called the feeling “flangry.” On the one hand, you’re pissed that your stuff was stolen. On the other, you’re flattered that it was good enough to steal.
Regardless of how you feel, it was wrong of the other person to take it, and you have rights. Here are the steps to take if you’ve been stolen from, especially if they removed your byline, and tried to pass it off as their own.
(Remember, plagiarism is when someone passes your work off as their own; copyright violations are when they use your work without permission, but may leave your name intact.)
1) Immediately create a PDF or screenshot of the page.
On a Mac, select Print, and then set the output to be a PDF instead of a printed page. On Windows, if this option isn’t available, download CutePDF and output the page to a PDF. Next, save an html copy of the page. And if you have it, save it to Evernote. If you’re a designer or photographer, and one of your images is being used, take a screenshot. You need to do this, because as soon as the plagiarist gets a hint of what’s going on, all stolen content will disappear, and you’ll want proof of what happened.
If they have already removed the content, do a search for the original phrase that brought you there, and then hover over the Google results. A preview window should pop up in the side bar, as well as the word Cached. Click Cached, and you’ll see the older version of what Google has in their index. Print that to a PDF or take a screenshot.
2) Start researching their other content.
The only reason I heard about the two instances where I had been ripped off this month is because the person who first found he had been ripped off that that other stuff might be stolen too. In both cases, they researched all available columns they could find and discovered the original authors. They also saved copies of every stolen piece they found, as per #1.
3) Contact other victims.
If you find that other writers have been stolen from, contact them and let them know what’s going on. You can do it as a group email, or you can do it as a one-to-one email. Explain the situation clearly and without a lot of preamble, but recognize that some writers may ignore your email. One author in this most recent case of plagiarism thought the initial email was spam, so he ignored it. It wasn’t until he got a call from a reporter for a newspaper story that he realized it was real.
4) Present a unified plan of action, and adopt the role as leader.
This may seem a bit unusual, but it’s important if you discover that several people have been stolen from. If you’re the only victim, then you need to lay out a plan of action before you do anything. If there’s more than one of you, there should be one point of contact between the publisher and/or editor, and the group whose work was stolen. If the editor is being bombarded by 5 or 10 different people, then they may be less likely to be helpful. Be patient and cooperative, and the publisher is more likely to help you.
In the Jon Flatland situation, one of the writers went off-script and contacted the plagiarist directly. As a result, Flatland realized he’d been caught, and tendered his resignation via email admitting to a single act of theft, before his publisher ever got to the office. As a result, we (and the publisher) missed out on the chance to hear the plagiarist’s excuses, get an apology, and to royally ream the guy out.
This also means you need to hold off on putting the word out on social media and your own blogs until you’ve gotten some answers from the publisher. Trust me, this is so heinous a crime that a media publisher will drop everything to deal with it, because they know they’re facing some serious problems. You shouldn’t have to wait that long. Be patient, contact the publisher, and start writing your summary of the situation for your blog. Publish it when you get a final resolution from the publisher or editor.
5) Don’t start screaming about lawyers.
Chances are, if your stuff was stolen by someone in the traditional media, they have a boss and/or peers who all know it’s wrong. Journalists are trained not to steal. It’s the number one sin they could commit, so there are mechanisms in traditional media settings to bring them to justice. Instead, rat them out to their bosses, and they’ll take care of the rest. Ask to be updated on a regular basis, and pass that information on to your fellow victims. Chances are, the publisher will recognize the legal ramifications of someone on their staff stealing their stuff, and they will be eager to make everything right, just so you won’t sue them.
Instead, be patient, and wait for nature to take its course. If cooperation from the publisher is not forthcoming, or they refuse to cooperate, that’s when you pull out the big guns. Get a lawyer to write a nasty letter for you, and see what happens.
6) Use takedown notices and invoices for one-person operations.
Occasionally you’ll see your stuff used in someone else’s one-person operation. Whether they swiped your stuff without attribution, or your find it with your name and website included, there are times you need to defend your property and your copyright.
- If they included your byline, ask them to take it down by including what it would cost to normally run your piece. Most people will comply if they think you’re going to charge them $150 just to run a single piece they copy-pasted; more if they took more than one piece.
- On the other hand, there is some benefit to having a link out there that leads back to your website. If the site is not a spammy site, or it links to a lot of unrelated garbage, leave it up. You’re getting a little SEO (search engine optimization) juice out of it.
- If they stole your stuff outright, let them know that you know. Give them 48 hours to remove it fully. If they don’t comply, get a lawyer to send a letter. Be sure to save a copy of that letter so you can use it later for future instances. (Get the lawyer’s permission to reuse it, of course!)
- Also send a note to their ISP and/or web host. Let them know that one of their customers has posted unauthorized, copyrighted material on their site. Include the name, site name, and exact URL of the material, as well as URLs or copies of your original material. While SOPA may have died, most ISPs are still concerned about hosting stolen material, and will help the content owner. If they don’t, get the lawyer to write you another letter.
7) Suing for this stuff is hard
While you may think that a lawsuit for major theft is a good idea, keep in mind that it’s expensive and very difficult. And in most cases, it’s going after the wrong person. While the publisher is often responsible for the content of the newspaper, it’s the writer who did all the stealing, and tricked the publisher. You can sue the publisher, but they’re usually on your side (at least insofar as they don’t want to get sued and will cooperate with you to avoid it). So you’ll look like a real d-bag if you sue someone who tried to help you out.
Plus, there aren’t many lawyers who are willing to take these cases on contingency, so that means you have to come up with a few thousand dollar retainer to hire them. If you’ve only had a couple pieces stolen, it’s not worth it. If you didn’t actually lose anything monetarily or opportunity-wise, it’s not worth it. But if someone ripped off an entire book that went on to become a NY Times best seller and made the author fabulously wealthy — and you can prove your entire manuscript was stolen, because you registered it with the US Copyright Office (also read Wikihow’s “How to Copyright a Book“) — then, by all means, find an attorney and pursue it.
For the most part, people are honest. If they took something without permission, it’s because they don’t have a basic understanding of copyright laws (Tip: Just because you found it on the Internet doesn’t mean it’s free.) If you address it with someone — be polite, at least the first time — they’re probably going to be willing to do as you ask.
But occasionally you’ll find someone who knows it’s wrong, like a trained journalist, and they stole from you anyway. Follow these steps once you , and the action you think you should take. Hopefully you’ll never need it.