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Original works and plagiarism

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Amatuer Writer

Junior Member
What is the name of your state (only U.S. law)? Ohio

Hello, I have a question about content like original creative works (stories, poems) and even general posts submitted to an online forum.

I participated on this forum for a couple years. Accumulated thousands of posts, and even became a moderator. A major misunderstanding with admin ended in my ban. I set it straight, but only through a long process, not all pleasant. They reinstated my regular membership, but the events prior led to some resentment by some admin, and through harsh tensions, an argument, and another ban. It is what it is.

The problem arose when the admin started infighting, and right before one was banned himself, he managed to merge my account with another admin. Meant to be insulting, I guess. Not being too clever, they didn't stop, and restore a recent backup, as that would be the only way their vB software would "undo" a merge. Instead, time went on, and posts filled up quickly.

What this did was basically have this admin take over "ownership" of every one of my posts, including original works I had shared there. They often said by posting, the site became owners of the post, and was free to do as they wished with it. I don't have a great grasp of law, but don't think that's how it works. When I asked what was being done to remedy the merge, they simply said there was no way to correct it.

Is this infringing, or plagiarism? And if so, what is available to me to rightfully request them to rectify this? And, can I reuse my posts there somewhere else without risking any issues?

Thanks in advance for any help. If any additional info would be needed, I would be happy to provide if possible. :)
 


FlyingRon

Senior Member
Note that plagiarism isn't a legal principal but an academic integrity thing. The legal principal is copyright.

Anyhow, it's not plagiarism if the posts are properly attributed to who wrote them
It's not copyright infringement if there is an agreement that your posts are usable by the site in perpetuity. For example this site has these terms:


You agree that all material you post becomes the property of FreeAdvice, and FreeAdvice has the right to remove, edit, move or close any posting or thread at any time for any reason, at its discretion.

Now, note, that your contributions are typically non-exclusive which means while you gave the forums rights to use your words, you have right to use them elsewhere yourself.
 

Silverplum

Senior Member
What is the name of your state (only U.S. law)? Ohio

Hello, I have a question about content like original creative works (stories, poems) and even general posts submitted to an online forum.

I participated on this forum for a couple years. Accumulated thousands of posts, and even became a moderator. A major misunderstanding with admin ended in my ban. I set it straight, but only through a long process, not all pleasant. They reinstated my regular membership, but the events prior led to some resentment by some admin, and through harsh tensions, an argument, and another ban. It is what it is.

The problem arose when the admin started infighting, and right before one was banned himself, he managed to merge my account with another admin. Meant to be insulting, I guess. Not being too clever, they didn't stop, and restore a recent backup, as that would be the only way their vB software would "undo" a merge. Instead, time went on, and posts filled up quickly.

What this did was basically have this admin take over "ownership" of every one of my posts, including original works I had shared there. They often said by posting, the site became owners of the post, and was free to do as they wished with it. I don't have a great grasp of law, but don't think that's how it works. When I asked what was being done to remedy the merge, they simply said there was no way to correct it.

Is this infringing, or plagiarism? And if so, what is available to me to rightfully request them to rectify this? And, can I reuse my posts there somewhere else without risking any issues?

Thanks in advance for any help. If any additional info would be needed, I would be happy to provide if possible. :)
It's "amateur."

:cool:
 

Amatuer Writer

Junior Member
Truth is, I did misspell it at first. But my odd "amatuer" humor found it kind of funny with the name, so I left it. :D
With spell correct on browsers, there's really no good reason for spelling errors. Good to see people still have a sense of humor.

I wrote a longer response, but it went to moderation queue. Not for too long, hopefully. But definitely thanks for the response FlyingRon.
 

FlyingRon

Senior Member
It went to the moderator because you put a link in it. Post it without the link and it won't be a problem.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Ohio

Hello, I have a question about content like original creative works (stories, poems) and even general posts submitted to an online forum ...

... What this did was basically have this admin take over "ownership" of every one of my posts, including original works I had shared there. They often said by posting, the site became owners of the post, and was free to do as they wished with it ...

... Is this infringing, or plagiarism? And if so, what is available to me to rightfully request them to rectify this? And, can I reuse my posts there somewhere else without risking any issues? ...
What you need to do is read the terms and conditions of the website. What the website owner is allowed to do with any original and creative content submitted to the site should be detailed there.

Rarely would a website owner become the new copyright owner of content that is submitted to the site. A website owner would be more likely to "share" the copyrights in any content submitted, through a non-exclusive perpetual license granted the owner by the copyright holder as a condition of using and submitting material to the site.

The non-exclusive license means that the copyright holder retains all of his original copyrights in the works he created and submitted (the right to reproduce, display, distribute, make derivatives) but is allowing the website owner the same rights in the work (the right to reproduce, display, distribute, make derivatives). What a non-exclusive license will NOT do is allow the website owner to take credit for the work - the credit for creating the work remains with the creator of the work.

A transfer of all exclusive rights in a copyrighted work, on the other hand, transferring ownership from the creator of the work to another, MUST be in writing and personally signed by the original copyright holder. The transfer is not valid otherwise.

For more information on a transfer of copyrights, changing the ownership of the work from the creator to another, you can go to the Copyright Office website (http://www.copyright.gov) and see Section 201(d) and (e) of the Copyright Act (Ownership of copyright) and Section 204 of the Copyright Act (Execution of transfers of copyright ownership).

I understand you have a post awaiting moderation approval/editing. Both FlyingRon and I will keep an eye out for it.
 
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Amatuer Writer

Junior Member
Thank you Quincy. Yes, that was exactly where my thoughts were going. Not so much that they can edit or alter my content, but absorb it into another's account and pass it off as their own.
Even when contacted, post ban, about this very issue, it was just brushed off as "too busy, too complicated, tough luck". Not to mention opening up my PMs to the merged account, which seems a little invasion of privacy to me.

The moderated post is left in limbo, so I have tried to re-post that info without the link. Here's some snippets from the ToS (link removed) that cover exactly what you speak of Quincy. Hope this can shed some further light.


You must immediately notify "website".com of any unauthorized uses of your account, your account or any other breaches of security.
By submitting Content to "website".com for inclusion on your Website, you grant "website".com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. This includes, but is not limited to, adapting popular forum posts into articles. If you delete Content, "website".com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Odd wording on that one, "By submitting Content to "website".com for inclusion on your Website"? Must have meant "our website"?

As "website".com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by "website".com violates your copyright, you are encouraged to notify "website".com. In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at -link removed-), "website".com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
This Agreement does not transfer from "website".com to you any "website".com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with "website".com.
 

quincy

Senior Member
Thank you Quincy. Yes, that was exactly where my thoughts were going. Not so much that they can edit or alter my content, but absorb it into another's account and pass it off as their own.
Even when contacted, post ban, about this very issue, it was just brushed off as "too busy, too complicated, tough luck". Not to mention opening up my PMs to the merged account, which seems a little invasion of privacy to me.

The moderated post is left in limbo, so I have tried to re-post that info without the link. Here's some snippets from the ToS (link removed) that cover exactly what you speak of Quincy. Hope this can shed some further light ...

... Odd wording on that one, "By submitting Content to "website".com for inclusion on your Website"? Must have meant "our website"?
Okay. So you have retained all copyrights to your written words but you have granted the website equal rights to the content. You have not transferred any exclusive rights. This means you can take what you have written and re-use your words elsewhere, and this means the website can take what you have written and re-use your words elsewhere.

This does not mean that you are allowed to copy and paste the website page that contains your words because that infringes on the rights of the website. The website owns the webpage (the content that comes before and after yours and how the words appear on webpage). You are allowed your words only.

No one can take another author's words and pass them off as their own without the author's express handwritten transfer of exclusive rights to the words, even if these words are in the public domain (like the works of Shakespeare). To do so is plagiarism if the words are not credited to the original author or, at its worst, copyright infringement.

With that said, and despite the fact that the website has taken your words and are using them as their own, there is really very little you can do about it. Even though we all think are words have value, realistically very few of our words actually do. For example, if FreeAdvice were to take all of my posts to this forum over the years and replace my "quincy" with their "FreeAdvice" or even with a "John Doe" name, I have no legal action to pursue that is worth the cost of pursuing. It would be best for me to say "so be it" and move on.

And that is what I am seeing in your case. It appears to be a "so be it and move on" type of situation. It might suck, but it is what it is.

As to the Private Messages: I have never held any illusion that the private messages I send on this site are actually private. I not only assume that FreeAdvice can access and read them if they choose to, I have given them permission to do just that at times.
 

Amatuer Writer

Junior Member
Excellent! (Well, the advice and confirmation. Not the situation so much.) Greatly appreciated Quincy.

I kind of felt that's what the case was. I'd rather them just attribute it, but oh well. As long as I can happily take my works somewhere more positive, avoiding any further issues with them, then I'd say that's well enough.
Wrestling with pigs just gets everyone covered in...well, mud. ;)

The PM's were more for users that had asked/shared private concerns seeking advice. I understand what you mean, and just hope they have the common decency to delete them.

Thanks again, and have a great day.
 

quincy

Senior Member
Excellent! (Well, the advice and confirmation. Not the situation so much.) Greatly appreciated Quincy.

I kind of felt that's what the case was. I'd rather them just attribute it, but oh well. As long as I can happily take my works somewhere more positive, avoiding any further issues with them, then I'd say that's well enough.
Wrestling with pigs just gets everyone covered in...well, mud. ;)

The PM's were more for users that had asked/shared private concerns seeking advice. I understand what you mean, and just hope they have the common decency to delete them.

Thanks again, and have a great day.
You're welcome, Amateur Writer. Thanks for the thanks.

You have a great day, too.
 

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