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STOP - Stop Tolerating Online Plagiarism

Steps to take, if your copyright is violated.

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STOP - Stop Tolerating Online Plagiarism

  1. 1. STOP – Stop Tolerating Online Plagiarism Priyanka/Twilight Fairy
  2. 2. FACTS <ul><li>The Indian Copyright Act , 1957; Section 63 - states that copyright infringement, shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to three years and with fine which shall not be less than fifty thousand rupees but which may extend to two lakh rupees. </li></ul><ul><li>Only exception is “fair use” (subject to satisfying all points below) </li></ul><ul><ul><li>The work in question is used for illustration purpose, critical commentary, or parody </li></ul></ul><ul><ul><li>There is no existing free alternative </li></ul></ul><ul><ul><li>No free alternative can be created </li></ul></ul><ul><ul><li>The derivative work adds something new </li></ul></ul><ul><ul><li>The derivative work does its best to not adversely affect the original author’s right to sell the work (like using a low resolution version in case of work of art) </li></ul></ul><ul><li>Make sure that you tackle the “fair use” reasoning with text above. </li></ul><ul><li>Stealing from flickr (or any other portal) is DAYLIGHT ROBBERY not fair use. </li></ul><ul><li>Giving credit does NOT make the crime any less, all rights reserved means all rights reserved. </li></ul><ul><li>Such cases can be sued for copyright infringement, cyber crime, harassment (which ensues in most cases), forgery and much more. </li></ul>
  3. 3. Steps to be taken if your copyright is violated <ul><li>Take legal help. </li></ul><ul><li>Send the violators an invoice with fixed price under various headings, after careful assessment, and a timeline in which to act. </li></ul><ul><li>Charge them for damages, license correction fees, and for the actual image usage and not ONLY image usage. Actual compensation would be much higher than the cost of a simple image. Make sure copyright rests with you. </li></ul><ul><li>Send email to concerned editors, contact on phone as well. If it doesn’t work send FAX or registered post. Insist on written communication. Send mail to marketing heads as well. </li></ul><ul><li>Assuming they do not act, or are lax, publicise it in social media </li></ul><ul><li>File complaint with Press council of India </li></ul><ul><li>Send legal notice (takes abt 500INR) or take help from a lawyer </li></ul><ul><li>File a case in district court or high court, claim lawyer fees as compensation as well. </li></ul><ul><li>Try to involve main stream media at every step, even if they don’t publish at least they are made aware. </li></ul><ul><li>Do NOT give up. </li></ul>