Internet plagiarism

[Cariadlawn]

What is the name of your state? NY


Hi,

I'm new to this forum, and would like some legal advice. It was recently brought to my attention that an online company has been selling (at least) two essays that I wrote at $15-$20 per page The essays were originally included on a website that I put together in order to aid students. I clearly stated on my website that any information "borrowed" from my work must be cited properly, and included an example of the proper citation format.

A college student who paid for an essay from the online company somehow figured out that she hadn't received the non-plagiarized work she had been promised. The website even states that any essays sold are the sole property of the person who purchases them! The student sent me copies of the essays she received from this company. The first essay was a word-for-word combination of two essays that I had posted on my site...whoever compiled the essay didn't even bother to fix a typo I had made on my site. The second essay includes the same text, as well as paragraphs stolen from another source to make the paper longer. There is a very insufficient citation page listing my name and the names of my essays, but failing to state where they were actually found.

I understand the risk involved with putting information on the internet, but it is clearly wrong for this company to be making a profit from my work. I never obtained official copyrights for my essays, but I am fairly certain I still have the original copies of my work. Do I have any rights in this case, and if so, what should my next step be? It is believed that this company is located in Canada - would that complicate the matter further?

I hope someone can offer advice!

 

[divgradcurl]

"Do I have any rights in this case"

Of course -- even without a registered copyright, you still own a copyright in the works.

"It is believed that this company is located in Canada - would that complicate the matter further"

Well, before you do anything, you need to find out where the company actually is located. And yes, if it is in another country, it complicates matters. A lot.

"what should my next step be"

What do you want to do? You could find out the location of the company, and send a cease-and-desist letter. Maybe that will work. If it doesn't, you would have to sue them. What damages have you suffered? Since the works aren't registered witht he copyright office, all you can recover is "actual damages" -- actual out-of-pocket money that you would have if the other company wasn't using your work without permission. If your actual damages are a lot (although I don't see how it could be -- you apparently put the work on the internet for others to read for free, so there probably aren't any damages anyway) then maybe (but just maybe) it would be worth your while to talk with a lawyer.