Topic Plagiarism alert
15 Jul 2014 12:54
I get plagiarized often, and have filled out dozens and dozens of DMCAs over the years. I've literally lost count. I have also gone after plagiarists directly and make no apologies for it.
In this case, if you haven't already filed a formal DMCA with GoodReads, I would strongly suggest it, as it will possibly lead to the termination of the entire catalog of stories this person has published if they are a repeat infringer (which it seems they are). I've posted details about GoodReads DMCA procedure below, as well as for Google and Amazon (the ones I use most often).
Smashwords, iTunes, and assorted bookstores and story sites all have their individual takedown notice processes and will vary with time-to-respond as well as procedure. Some will take things down instantly once you offer proof (eg. Amazon, Google), others will contact the plagiarist to get their response, so this can drag things out a bit. Just be persistent.
The thing about plagiarists is that they tend to steal from multiple sources and once you're known around the writing community, people/fans and those you've networked with, will contact you and let you know when they see this happening and even fight the fight on your behalf. I am always grateful for that kind of support and regularly do the same for other writers when I see this happening as well.
Google has a drop-down menu style form for their DMCA. This covers Blogger/Blogspot as well. Follow the instructions carefully - if a longer story appears on multiple pages, you will need to fill out of those for 'page one, page two, page three' and so on, even though it's the same story. Turnaround time varies but expect it to take 2-8 weeks. I was dealing with a few take-downs two months ago that averaged around the 8 week timeframe. They do work though - I've never had one go ignored - so just fill out properly and be patient.
DMCA Form for Google
Amazon DMCAs - these get handled much more quickly - usually within 24 hrs, the book is pulled and you will be notified.
Reporting Copyright Infringement
This procedure is exclusively for notifying Amazon.com and its affiliates that your copyrighted material has been infringed.
If you believe your work has been copied in a way that constitutes copyright infringement, provide Amazon.com's copyright agent the following written information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where on the site the material you claim is infringing is located.
Your address, telephone number, and e-mail address.
A statement by you that:
You have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
Under penalty of perjury, the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Amazon.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached at:
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108-1226
Phone: (206) 266-4064
Fax: (206) 266-7010
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Goodreads's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit Goodreads to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Name: Otis Chandler
Attn: DMCA Notice
Company: Goodreads, Inc.
Address: 188 Spear Street, 3rd Floor, San Francisco, CA 94105
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Goodreads and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Goodreads's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Goodreads has adopted a policy of terminating, in appropriate circumstances and at Goodreads's sole discretion, members who are deemed to be repeat infringers. Goodreads may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.