<The Rise of Copyright Issues: A Writer's Perspective on Plagiarism>
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In the realm of writing, receiving recognition through imitation is hardly a compliment, and you shouldn’t view it as such. Would you feel honored if someone admired your taste in vehicles so much that they decided to take yours?
Occasionally, any writing platform can see a surge of those who replicate the work of others. These individuals often look for the easy route, unable to even draft a simple grocery list without assistance from someone more skilled.
Medium is no exception to this trend. However, they at least take action when they encounter such issues.
For further details on situations where you might discover your own work misused, and what steps you can take, [UPDATED as of 8/4/2020 — thanks to Medium’s own tireless efforts, AmazonAWS, and all the writers who separately filed their own complaints — the offending site is no longer operational!]:
The Upsurge of Plagiarism
Don't Ignore It
medium.com
Distinguishing Plagiarism from Copyright Violation
Plagiarism constitutes a form of copyright infringement. Nevertheless, it’s essential to grasp that it isn’t the only kind.
In simple terms, plagiarism occurs when someone takes another's words and either claims them as their own, neglects to credit the original author, or attributes them to “Anonymous.”
Copyright infringement arises when someone utilizes intellectual property without respecting the rights of the original creator. Merely lifting someone’s poem, posting it on your site, and giving them credit is not sufficient; you must seek permission first. Let’s be honest: If an author is inclined to feel “flattered” by someone taking their work, how much more honored would they feel if you took the respectful step of asking for their consent? Most writers would likely grant permission for a small excerpt of their self-published work, provided they receive appropriate attribution.
Attribution Alone Isn't Enough
The first instance I encountered where someone violated my copyright led me to reach out to them, asking merely for a link back to my site where the original poem could be found. Yes, it was theft. Despite them crediting me, I hadn’t consented to the use of my work in a context that included stolen images from Marvel Comics. I received no reply.
Months later, upon checking their site, I noticed it had been updated. I contacted them again, this time demanding compensation for the use of my poem without my permission. Still, there was no response. That’s when I decided to take a firmer stance. I contacted their web host (AOL) and Marvel Comics. Marvel's legal team expressed gratitude for my alert. Within three days, the thief's site was no longer active.
Ownership Isn't Always Enough
Did you know that as a copyright holder, you can also infringe on your own copyright? For instance, when you publish on Medium, you grant certain rights to the platform to display and promote your work. You cannot sue Medium for fulfilling your request. Now, imagine you submit that same piece to Scintillating Magazine of the Ether, which expresses interest in purchasing First North American print rights and exclusive electronic rights for $500. You’re eager to sign the deal.
Hold on! Medium’s terms are surprisingly friendly towards authors, but there's a crucial point to note:
> You maintain ownership of the rights to the content you create and share on Medium.
> By posting content to Medium, you provide a nonexclusive license for them to publish it on their services, including any necessary actions related to this, like storing, displaying, reformatting, and distributing it.
Also, pay attention to clauses like:
> You can delete any of your posts or your account at any time. The processing of deletion may take some time, but we will handle it as quickly as possible. Backup copies of your deleted post or account may remain on our servers for up to 14 days after deletion.
While Medium's terms are author-friendly, many other platforms (including your own web host, if applicable) might state:
> Therefore, you hereby grant [your web host] the below-listed worldwide, royalty-free, and non-exclusive licenses, as applicable:
> The content submitted for inclusion in publicly accessible areas of [your web host’s] sites, with the license allowing the use, distribution, reproduction, modification, adaptation, public performance, and/or public display of said content for the sole purpose of promoting the specific area where this content is placed and/or made available for viewing. This license remains as long as you are a customer of [your web host’s] sites and will terminate when you discontinue your customer relationship.
Some may claim these rights forever. This is meant to protect them in case they restore a backup and inadvertently include one of your older deleted works. It's not a strategy to create derivative works but a general precaution. The Wayback Machine or cached search engine results might go further back. Therefore, never attempt to sell “exclusive electronic rights” to anything you've posted online (even on your own site) without informing the buyer of when and where your work has previously appeared.
Even as the author and copyright holder, you may inadvertently violate someone else's rights in your work. This is also why only the copyright owner(s) have the standing to file a copyright infringement complaint, and why you must sign an affidavit affirming that you have a good faith belief that you own the rights you claim. This is a serious matter.
Returning to the issue of simple content theft…
Writers, Value Yourselves!
Dear Writers: Don’t be misled by imitation writers. If you identify a plagiarist, show no mercy. Don’t tell me you're secretly “flattered” by someone taking your valuable words and claiming them as their own. If your words are worth taking, they deserve compensation. They deserve proper citation and a link back to acknowledge your efforts in crafting them. What do thieves usually take? They take valuables—money, jewelry, electronics. They never bother with trash. Your work holds more value than you realize, and so do you.
It’s perfectly acceptable if you choose to share your work freely or earn a small amount each time someone reads it long enough for Medium to consider it “read.” You have the authority to decide where to publish and whether to charge for it, as well as how much. None of this automatically places your work into the public domain and invites small-time criminals to take it. Only you and the publisher or platform possess the rights to utilize your work in ways that you explicitly permit. Posting online does not negate your copyright ownership.
Do not let imitation writers deceive you. If you see someone attempting to spin another's words and disseminate them as their own, offer no leniency. Automated tools can warp your text enough to evade immediate detection by plagiarism checkers. However, a discerning human eye can usually recognize the original.
Why Do They Resort to This?
It’s because it's quick and easy. Don’t be “flattered”—most are using automated scraping tools. Those words you painstakingly crafted? They’re not even taking the time to read them. The value they see in your work is merely “content.” A plethora of keyword-rich text. Here are some tactics employed by those who pilfer your carefully curated words:
- Create a website or social media account, optimize it for keywords, and then sell it to an unsuspecting buyer.
- Build a following, then pivot to sell products to naive customers.
- Present themselves as creative professionals, using your work to bolster their “extensive portfolio” of freelance efforts.
- Sell your articles to unsuspecting purchasers seeking content to enhance their own platforms.
I’ve encountered numerous copycats here on Medium, and it feels like an uphill battle. I theorize that as the pandemic drags on, people are becoming desperate. Unemployment rates are rising; food insecurity affects 1 in 6 households in the USA, with worse conditions in less developed countries.
Individuals struggling to survive, lacking skills beyond knowing how to access a computer, often disregard others’ “intellectual property rights,” if they even comprehend what those entail. While I can’t entirely blame them, it’s essential to consider: If they can access the internet to steal from you—if they can afford to rent server space for their stolen goods, and are savvy enough to copy and paste or use an article spinner—they can secure a legitimate job. Such employment would provide steadier income and help them put food on the table. Though it’s easy to feel sympathy, show no mercy.
These individuals are the “bums” of the internet, trying to achieve wealth quickly through the efforts of others. They may be clever, but it’s ironic to realize that cheating others can be more labor-intensive than earning a living as a fry cook or trash collector—both of which are essential, honorable professions.
What Should I Do If Someone Is Stealing My Work?
I must give credit to my friend Jonathan Bailey, who educated me on how to handle the Ivans of the internet:
The Story of Ivan Mor Smirnoff
#### The passive-aggressive take-down of an unrepentant plagiarist
My first course of action nowadays is to contact the hosting provider. Losing their website tends to deter the wise.
For fellow writers, it’s beneficial to reach out to the copyright lawyers of any other sites being scraped or robbed (like Medium), as they are typically eager to assist and have more resources at their disposal.
If you notice another writer's work being misused, notify them—this is both kind and professional. Remember, everyone must file their own complaints, but standing united is advantageous.
Nothing in this article should be interpreted as legal advice. For inquiries regarding your ownership of content or how to address it, please consult an attorney. **I am not one!**
Holly Jahangiri is the author of Trockle; A Puppy, Not a Guppy; and A New Leaf for Lyle. She draws inspiration from her family, childhood adventures (some of which exist only in her vivid imagination), and from readers of all ages. She resides in Houston, Texas, with her husband, J.J., whose support makes writing books a double delight.
If you are accessing this on any site other than Medium or jahangiri.us, the content may have been misappropriated.