Log in

View Full Version : How do I get a person to take down a web site with my work?


tiggerella
Mar 27, 2013, 07:03 PM
I'm a writer with a book that's available in ebook and paperback form, copyrighted since 1998 under my name and with certain rights awarded by contract only to my publisher, copyrighted to them for the ebook rights for 1999 and paperback rights for 2008. I recently found a web site that has my entire book in HTML form "for free" on the internet. I emailed them asking who gave them the right to publish my copyrighted material and also emailed my publisher, who also pointed out the material is copyrighted and told them to take it down IMMEDIATELY.

It's been almost a month now and no one has responded to my email, no one has responded to my publisher, and the page is still up. Since the publishing company is fairly small and neither of us is making huge amounts of money from the book sales (possibly because of this jerk putting it up for free reading so that people don't buy it from Amazon), neither of us can afford to pay a lawyer. Since this is an internet issue, is it a federal offense? Does anyone know how to pursue this without having to take out loans to pay for lawyers?

By the way, I'm from Maine, the publisher is from Maryland, and we don't know where this person is from who posted the book. Suffice to say, I suspect a lot of the other books on AGhostwriter's Nest (http://aghostwriter.com/) are also stolen copyrighted material.

cdad
Mar 27, 2013, 07:44 PM
You can try here and also at their ISP to get them to stop. This information was obtained using a IP look up service and who is for the website listed.




Registrant:
Ledbetter, Karen
ATTN STORIESRUS.COM
Care of Network Solutions
PO Box 459
Drums, PA. US 18222

ScottGem
Mar 28, 2013, 03:26 AM
Even more contact info:
Registrant:
Ledbetter, Karen
ATTN AGHOSTWRITER.COM
Care of Network Solutions
PO Box 459
Drums, PA. US 18222


Domain Name: AGHOSTWRITER.COM



Administrative Contact:
Ledbetter, Karen [email protected] m
ATTN AGHOSTWRITER.COM
Care of Network Solutions
PO Box 459
Drums, PA 18222
US
570-708-8780

Technical Contact:
Morris, Ray B [email protected] m
ATTN AGHOSTWRITER.COM
Care of Network Solutions
PO Box 459
Drums, PA 18222
US
570-708-8780

I'm sure your publisher has an attorney. I would have them send a cease and desist order with copies to Via e-mail and snail mail.
Network Solutions
Network Solutions, LLC. [email protected]
13861 Sunrise Valley Drive
Herndon, VA 20171
US
1-888-642-9675 fax: 571-434-4620

Network Solutions can suspend the domain so it can't be reached.

I would also contact some attorneys to see if any will take the case on contingency. This is clear copyright infringement and you can sue for lost revenues.

Good luck and keep us posted. As a published author myself, this kind of thing makes my blood boil

tiggerella
Mar 28, 2013, 04:13 AM
Thank you so much for all the info. I'll bring this info to my publisher, and if she doesn't want to pursue it, I'll bring it to a lawyer. And I will most definitely let you know what happens. (I'm always grateful for those who have the skills I lack for looking this stuff up. Bless you for looking!)

ScottGem
Mar 28, 2013, 08:26 AM
You can go to godaddy.com and use their WhoIs link to get info about the owner of any domain.

tiggerella
Mar 30, 2013, 03:49 AM
The publisher had been working with a lawyer to get the "cease and desist" letter written and has sent it to the email and snail mail addresses you mentioned. She's confirmed that my book wasn't the only one from her site that had been compromised, but it wasn't only her authors who appeared at the site, so these people are in deep do-do... *grin*

Thanks again for your help, and I'll keep that info on how to do this myself next time (if there is one). In the meantime, on my own website, I'm making sure that I'm still properly connected to the people who've allowed me to "creatively borrow" their work. I'm also making sure, since I initially had the web site under a nickname, that I'm posting on all my personal work that I AM the author, and that the people who have given me permission to use their work have noted "used with written permission from author" on their work.

Thanks yet again!

ScottGem
Mar 30, 2013, 04:14 AM
Do you have any idea how long the site has had it up? Can you look at your sales and note a drop off? If you can show that this affected your sales, there is a law suit there. Including recovery of legal fees.

tiggerella
Jun 12, 2013, 05:20 AM
One last post before I leave this site forever (and not because of anyone on this thread, but because of an obnoxious moderator on another thread who thinks he owns the site):

The page did get taken down, my publisher is happy with it at that, and I have a new book that's due for release in November. Hopefully, with more diligent monitoring, I'll be able to prevent this from happening again.

Thank you to all who have responded to my posts over the years and appreciated my feedback on their posts. See you in the funny papers!

odinn7
Jun 12, 2013, 07:19 AM
Don't leave because of a simple disagreement... things happen and you forget about them.

Good luck with your new book.

tiggerella
Jun 12, 2013, 05:26 PM
Don't leave because of a simple disagreement....things happen and you forget about them.

Good luck with your new book.


Thank you, odinn7. It's been a rough couple of weeks with delays on the book, miscommunications/lost emails between myself and the publisher because of a hacker issue, and the situation on the other post in which I've been accused of things I never intended when I simply put my two cents worth in (as you just did here). It makes me feel much better to have your kind words to greet me here when I came in in response to the email telling me that you had posted to this thread.

Thank you for helping me to cool off and feel better about this group.

odinn7
Jun 12, 2013, 05:31 PM
Thank you, odinn7. It's been a rough couple of weeks with delays on the book, miscommunications/lost emails between myself and the publisher because of a hacker issue, and the situation on the other post in which I've been accused of things I never intended when I simply put my two cents worth in (as you just did here). It makes me feel much better to have your kind words to greet me here when I came in in response to the email telling me that you had posted to this thread.

Thank you for helping me to cool off and feel better about this group.

Really, the long time members here are a good group of people and that is why I stayed. The biggest problem that I see (and it happens everywhere really) is that sometimes people may not fully understand what you were trying to say as writing something out doesn't always translate as well as if you were speaking in person. People sometimes misunderstand what you were saying or maybe the way you were saying it... just let it go and forget it. Not a big deal.

Take care.

Alty
Jun 12, 2013, 06:23 PM
Don't judge the whole site by one person. You're an author, would you recommend judging the book by it's cover, or one review?

I've been here a long time, a long long time. There are times when you don't agree with someone, and things can get heated. We're all human, we all think we're right, we all defend ourselves when we think we're right. It's harder when you're doing everything with the written word, the worst possible form of communication, so much room for misunderstanding.

If you're having an issue, report the person causing an issue. Do remember that there are only a handful of actual moderators. The experts on this site aren't mods, and really have no power at all, they just get a fancy green title under their names. The mods on this site are very fair. If you're having an issue with a mod on a thread, report it. That specific mod will not be in charge of any action taken, it will go to the other mods, just to ensure that any action is fair.

Stick around, we really are a pretty great group of people. Heck, that's how they reeled me in. I came here to ask a question, then leave. I've been here for... OMG! Has it been that long? Um... nothing to see here. ;)

Hope you decide to give it a try.

tiggerella
Jun 12, 2013, 08:30 PM
Don't judge the whole site by one person. You're an author, would you recommend judging the book by it's cover, or one review?

I've been here a long time, a long long time. There are times when you don't agree with someone, and things can get heated. We're all human, we all think we're right, we all defend ourselves when we think we're right. It's harder when you're doing everything with the written word, the worst possible form of communication, so much room for misunderstanding.

If you're having an issue, report the person causing an issue. Do remember that there are only a handful of actual moderators. The experts on this site aren't mods, and really have no power at all, they just get a fancy green title under their names. The mods on this site are very fair. If you're having an issue with a mod on a thread, report it. That specific mod will not be in charge of any action taken, it will go to the other mods, just to ensure that any action is fair.

Stick around, we really are a pretty great group of people. Heck, that's how they reeled me in. I came here to ask a question, then leave. I've been here for....OMG! Has it been that long? Um.....nothing to see here. ;)

Hope you decide to give it a try.


Thanks for your two cents worth, too! :)

I did report it and have been helped - while you and odinn7 were also helping - and feel less like a golf ball in a big tournament. Turns out the reports on the posts I'd made just hadn't been investigated yet and the obnoxious one had delusions of grandeur as to position on this forum...

BTW, I got reeled in the same way you did. I've asked many questions and had wonderful help from both expert and novice people here. I've also been able to help out some people who just needed that little boost that you just gave me. Thank you very much for that, and I think I will stick around a bit longer.

Alty
Jun 12, 2013, 10:32 PM
Glad you decided to stay. I will warn you though, the summer season is upon us, which means that school is out. If you can make it through the summer without wanting to reach through your monitor and throttle someone, you are a much better person than I am. :)

odinn7
Jun 12, 2013, 10:38 PM
Glad you decided to stay. I will warn you though, the summer season is upon us, which means that school is out. If you can make it through the summer without wanting to reach through your monitor and throttle someone, you are a much better person than I am. :)

Ha! That's what makes me feel alive!

Alty
Jun 12, 2013, 10:57 PM
Ha! That's what makes me feel alive!

Yes, but we all know you're a bit warped. ;)

tiggerella
Jun 13, 2013, 03:15 AM
Thanks for the smiles this morning, odinn7 and Alty.

Robert Valentin
Aug 23, 2013, 08:47 AM
Be very careful!! If the web site your complaining about, keeps records of old e-mails from 1998 and you gave them permission to publish your work back then by e-mail, you might be at fault here? Can you remember for sure? You've been complaining all over the internet that the site in question is stealing your work. If that's not the case... you my friend, are open to "SLANDER". Good luck!

ScottGem
Aug 23, 2013, 09:35 AM
Be very careful!!! If the web site your complaining about, keeps records of old e-mails from 1998 and you gave them permission to publish your work back then by e-mail, you might be at fault here? Can you remember for sure? You've been complaining all over the internet that the site in question is stealing your work. If that's not the case.........you my friend, are open to "SLANDER". Good luck!

First, did you bother to read the thread before posting this response? The OP never gave permission and the page WAS taken down. In addition, the OP gave the site owner the chance to respond and explain and they didn't.

Finally, I have to ask who you are in this. You seem to be stalking the OP claiming she is complaining "all over the Internet". We don't appreciate people trying to intimidate our members.

Robert Valentin
Aug 23, 2013, 10:37 AM
I've seen this complaint on other Author's sites. I looked up her numerous posts on this site... You can judge for yourself!! I simply told her to be careful!!

And are you, "who ever you are" trying to intimidate me? I did read her complaint! Back fourteen years ago when she first wanted her work published, a lot of upcoming authors posted their work on reading sites.

Just because that site removed her story, does not make it guilty of wrong doings!

And by the way... I'm a member here also!

Alty
Aug 23, 2013, 12:00 PM
Just because that site removed her story, does not make it guilty of wrong doings!

It also doesn't make them innocent.

On this site we base our replies on what the OP tells us. According to this OP she did not give that particular site permission to use her work. All answers to her question should reflect what she posted. We can't start guessing, or making up our own scenarios.

In other words, unless you saw a post made by this OP, on this site, that states she gave that site permission to post her work, there really was no reason for what you posted.

ScottGem
Aug 23, 2013, 01:09 PM
I've seen this complaint on other Author's sites. I looked up her numerous posts on this site..................You can judge for yourself!!! I simply told her to be careful!!!!

And are you, "who ever you are" trying to intimidate me? I did read her complaint! Back fourteen years ago when she first wanted her work published, a lot of upcoming authors posted their work on reading sites.

Just because that site removed her story, does not make it guilty of wrong doings!

And by the way.............I'm a member here also!

Sorry, but I read your post as a veiled threat. You are making assumptions about what this author may have done over 15 years ago. Assumptions that have little if any merit.

And yes you are a member here, with 2 posts now. So clearly you joined this site for the purpose of posting to this thread.

Robert Valentin
Aug 23, 2013, 01:32 PM
I understand! If I was to post on this site I am Obama, you would believe me because I have posted here twice! Very professional indeed! I will post to this thread "no more"!

PS: "She asked how to get a person to take down a web site" Have a nice day my friend.

Alty
Aug 23, 2013, 01:40 PM
I understand! If I was to post on this site I am Obama, you would believe me because I have posted here twice! Very professional indeed! I will post to this thread "no more"!

PS: "She asked how to get a person to take down a web site" Have a nice day my friend.

Yes, that was her question.

If you had bothered to read the entire thread, you'd see that it was resolved.

What you did was post that she probably agreed to have her work posted on that site, and that she should be careful when complaining about what they did.

If you posted that you're Obama, we wouldn't believe you, because we're not stupid. But, we would answer your question accurately, and factually, and disregard the things that are obviously not true. If you proved to be a troll "someone that lies for attention", then your posts would be removed.

It's a very different situation that what you did here.

Good luck.

ScottGem
Aug 23, 2013, 01:45 PM
I understand! If I was to post on this site I am Obama, you would believe me because I have posted here twice! Very professional indeed! I will post to this thread "no more"!

PS: "She asked how to get a person to take down a web site" Have a nice day my friend.

No we wouldn't believe you, but we would give the benefit of the doubt to provide proof. Since this is a volunteer site I don't know what professional has to do with things.

And yes she did ask that, she was given helpful answers and the situation was resolved favorably. Then you come a long and try to warn her off based on nothing.

Alty
Aug 23, 2013, 01:56 PM
No we wouldn't believe you, but we would give the benefit of the doubt to provide proof. Since this is a volunteer site I don't know what professional has to do with things.

And yes she did ask that, she was given helpful answers and the situation was resolved favorably. Then you come a long and try to warn her off based on nothing.

Exactly!

tiggerella
Aug 24, 2013, 06:51 AM
I just got notified via my email about all of the activity on this post - and my thanks to ScottGem and Alty for defending me when I was at work and unable to speak for myself.

As to your comments, Robert, I'm not sure which author you think I am, but I posted about this here, notified my publisher (as was suggested here), who posted on her blog because I wasn't the only author she has a contract with whose full works appeared on that site - and I made sure to change my own web site to mention that the few chapters I've posted are my own work despite the fact that I originally was posting under an alias. On my personal site, I didn't mention anyone specific when I restated that the material on my web site is copyrighted - and that I have written permission from the copyright owners for all works that appear on my site. How is that slander?

Just for your own reference, this is the definition of this situation per the US Government: "Copyright infringement is the use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce, distribute, display or perform the copyrighted work, or to make derivative works, without permission from the copyright holder, which is typically a publisher or other business representing or assigned by the work's creator."

I have signed contracts from the original publisher of my work as well as the company that bought out the original publisher's business. Those contracts give very specific rights to my work. No one from A Ghostwriter's Nest ever contacted me or my publisher to request the right to publish my complete book on their site. If you want to consider it slander that my publisher and I went after someone for copyright infringement, more power to you - but copyright law is VERY specific.

Now, by the same token, this is the official definition of "slander": "the action or crime of making a false spoken statement damaging to a person's reputation." When the web site in question DID NOT have written permission to publish COPYRIGHTED material, there is no false statement, spoken or written, pertaining to their actions...

So, would you care to explain why you attacked me for telling the truth?

Robert Valentin
Aug 24, 2013, 07:15 AM
Sorry if you lost any sleep over this issue! (((RAISED BROWS))) I myself back in the 1990's have posted my work on various web sites, under a pen name! Today I can't remember, or have kept records of my e-mails to various web sites that showed my stories back in the glory days. I do believe what you say!! I simply said to be careful! I was only looking out for your interest, but mostly for others who might be reading this post! God bless you my friend!!

ScottGem
Aug 24, 2013, 08:51 AM
Robert,
Well, it appears I may have misjudged you. The tone of your post did appear to be threatening and an attempt to intimidate rather than being helpful and cautionary. I still believe that. But your subsequent posts mollify that first impression.

Robert Valentin
Aug 24, 2013, 09:35 AM
We are just minnows in a sea of corporate sharks! Been there done that! My only concern was using the sites name on the Internet! I was once threatened for "slander" when I made similar accusations and posted the site by name! I'm pleased to hear the issue has been resolved!

Thank you Scott for your understanding! God bless!

tiggerella
Aug 27, 2013, 06:05 AM
Sorry if you lost any sleep over this issue! (((RAISED BROWS))) I myself back in the 1990's have posted my work on various web sites, under a pen name! Today I can't remember, or have kept records of my e-mails to various web sites that showed my stories back in the glory days. I do believe what you say!!! I simply said to be careful! I was only looking out for your interest, but mostly for others who might be reading this post! God bless you my friend!!!!!


Thank you for sharing this bit of personal experience, Robert. I now understand your view in the earlier posts.

I've never been a particularly trusting soul, so I have two large (4 drawer - almost as tall as me) file cabinets with all kinds of things stashed in them. Among those things "stashed" are copies of the few emailed permission forms I got from the people whose works appear on my page, the snail mail permission forms, both from others and signed by me, works in progress, etc. When I was doing a random search (out of boredom) and came across the web site that had my entire book offered for free, the "two towers" were the first place I looked, just to make sure that I hadn't signed something off without realizing it, as I wrote my first book when I was home for two months restricted to "no bending, no lifting, no twisting" due to a back injury. Pain killers can cause memory lapses, so I confirmed that wasn't the case before asking for help through this forum...

The people here are very helpful, and I hope you stay with the group. Opening up about your own experiences is very cathartic, so I hope we haven't turned you away by misunderstanding where you were coming from.

Blessed be.