Jonathan Maberry, did he violate copyright?
This guy totally ripped off my web page, stole my photos off my web page, then publishes my copy and photos in his book
Ultimate Sparring Principles and Practices. THen the book has no references to my web site where he got all of his pakua information, AND lists some guy I have never heard of as the photographer. And, the book is 'all rights reserved'.
Has this happened to anyone else? What can I do about this?
pissed off in Virginia
Last edited by simo; 12/16/2008 11:51am at .
1) Where is this guy located?
2) talk to lawyer, and establish that you own the pictures in question as copyrighted materials.
3) Have lawyer contact Maburry and demand that he stop using such materials.
If you have indeed been ripped off, then consult a lawyer, get him or her to send a letter to the publisher detailing your grievances point-by-point, and asking either for the book to be withdrawn, or for all subsequent editions to correct errors of attribution. Ask for redress and threaten consequences. A friend of mine did it in the academic sphere and won.
Presumably your case can be supported with files and photos that pre-date this guy's publication. A reputable publisher will hate to be associated with the merest whiff of copyright infringement.
EDIT: Beaten to it by Ninja Claus!
Incidently, just because he mentions your school, or name does not give you the ability to successfully sue him. He needs to have used copyrighted material without permission. A short quote of your website may be defended under the doctrine of fair use. The photographs are probably a stronger claim.
Having not seen the copied material, I cannot tell you how strong your case is, and whether you should pursue it legally.
A search for "Luba" shows the relevant pages on the amazon source.
Can I get the URL of the OP's website in order to compare.
I'm not a laywer, but I am a writer and editor and am quite well-versed on issues of fair use and infringement, as I deal with them every day.
Last edited by Rivington; 12/14/2008 1:06pm at .
It's important to think about what your ideal endgame scenario is. If you imagine that you are going to sue him and get rich you should pretty much get that out of your head. If its just to have future copies of the book to not be published with your material it should be fairly easily done, but a lawyer will cost money and there's no assurance that the courts will force the defendant to cover your exspenses. In short, just because you have a viable claim doesn't mean its wise to pursue it. Good luck.
Buh, you don't sue the author, you sue the publisher who then turns around and points to the indemnification clause in the contract signed with the author.
At any rate, statutory damages for willful copyright infringement can be very large, even if actual damages are minimal. It is a different animal than the usual run of minor lawsuits one might get involved in for cutting the bushes on the neighbor's side of the fence.
Given that Amazon.com gives the initial publication date as December 1, 2002, you may run into some Statute-of-Limitations problems. However; I am NOT a lawyer. Talk to one before initiating any contact or action, please.
Also, before we take your side, you need to demonstrate the validity of your own claims. Not doubting your story, but it would help if you posted some verifiable examples.
Link to your website please.
I've seen that book and remember having the impression that the author had quoted a number of my internet posts pretty much verbatim, without any credit. It might squeak in under fair use, but it seemed pretty shabby at the time.