your opinions re: solen from the Web

**J* L* <h*@yahoo.com>**

I don't know the particulars of your case, Doreen, but the Old Farmer's Almanac often sends out articles from its issues to other publications for free use in return for a mention of their magazine. I get several a year and might use one or two -- with their blessing -- on our website.

This is a slightly different situation than something that was published on the Web and then pilfered. 

I'm sure this isn't the case with you, but lots of writers don't realize that their sold work can end up elsewhere legally, depending on the contract they signed. I'm a senior editor at The Christian Science Monitor newspaper and we're a nonprofit that self-syndicates. Writers often turn up reprints of their articles/essays elsewhere (through Google alerts) and query me if it was a legal reprint or not. I don't usually know for sure (unless it's to a newspaper), but can often tell them if it looks questionable so they can follow up.

I always recommend that they keep up with legal reprints and add them to their resumes. It may not add any money to the coffers but to say that the Washington Post picked up your piece never hurts. 

Anyway, I'm not sure this applies to this situation directly, but it's one more thing to think about.

Judy Lowe

From: "Doreen Howard" <gardendiva@charter.net>
Subject: Re: [GWL] your opinions re: stolen from the web
To: "Garden Writers -- GWL -- The Garden Writers Forum"
    <gardenwriters@lists.ibiblio.org>
Message-ID: <003801c8fe4d$3a1068f0$0902a8c0@Doreen>
Content-Type: text/plain; format=flowed; charset="iso-8859-1";
    reply-type=original

A large commercial real estate company in Dallas took an article I wrote for 
Old Farmer's Almanac and put it on their website with my byline.  I 
routinely Google myself to find out who is saying what and found it.  I sent 
them a bill also, and a pithy letter about copyright infringement, etc.  All 
I got was the article taken off their website.  I guess I could file in 
Small Claims Court in Dallas, TX, but I live in IL.  The travel expenses 
would eat up any award by the court.  Same with hiring a lawyer.  I guess 
the best we can hope for is that they take down our work.

BTW, another commercial real estate company put up the same article on their 
website a year later.

We have to be vigilant to protect what worth intellectual property has any 
more.
Doreen Howard 

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