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[personal profile] bunnyjadwiga
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*laugh*
This happens All. The. Time.
Generally, I contact the publisher and author and explain to them that they've plagiarized my work, and I would like to be credited (assuming they have lifted off my name) or my entire work used. They usually haven't gotten any gains from it, so I don't bother asking for damages-- and it's usually semi-'innocent infringement' in that they're too butt-ignorant of copyright and/or plagiarism to understand the problem.

In only a few cases have I demanded that my work be removed from their website.
Generally, I explain copyright to them and usually they back down. Persistence works, though I imagine someday I'll have to invoke a lawyer.

Remember kids: everything written published after 1976 is copyrighted to the creator, and many things from before then back to 1923. Fair use is determined by the four-factor test:
"1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
2. The nature of the copyrighted work
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole
4. The effect of the use upon the potential market for, or value of, the copyrighted work"
as the U.S. Copyright office summarizes.
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bunnyjadwiga

April 2011

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