Re: Client misunderstanding of public domain

["Raj Machhan" <raj -dot- machhan -at- gmail -dot- com>]

Pro TechWriter is right. I assume you are a freelancer  (serving a client).
If so, you need to be doubly careful about copyright infringement. TWs in
a company generally work in teams and in case of issues like copyright
violation, individual staff members do not face the music personally.
As a freelancer, it does not matter what position your client may take, but
you have to watch your own interests. For you will be held directly
responsible for your actions and will have to take the rap personally in
case of a irregularity.
It is better you watch out and seek professional help before taking this
further.

Raj


On 7/12/07, Pro TechWriter <pro -dot- techwriter -at- gmail -dot- com> wrote:
>
> Aargh is right. I can't tell you how many times this has happened to me
> too.
>
>
> On 7/11/07, Traci Pearson < pearsontechcomm -at- comcast -dot- net> wrote:
> >
> > Aargh!
> > I've got a client who insists that I use content
> > that is posted on the Web in a manual I'm doing
> > for them.
>
>
> Other people have addressed the "public domain" statement. Even if you
> *thought* so, I'd be darned careful about using any material that could be
> copyrighted. My reference, "A Practical Guide to Copyrights and
> Trademarks"
> says this about copyright infringement:
>
> (From page 25) "Infringement of copyright 'willfully and for purposes of
> commercial advantage or private financial gain' is a federal crime.
> Persons
> * guilty of infringement of copyright for most types of works are subject
> to
> a fine of not more than $10,000 or imprisonment (!) for up to one year."
> (Note that I think the fine is $15,000 now--my book is old.)
>
> *Now, about Persons.
>
> (From page 45) "Lack of knowledge on the part of subsequent sellers or
> users
> that the original copier copied is not a defense to an action for
> infringement."  (Ignorance is no excuse!)
>
> The author goes on to list an example about using a copyrighted magazine
> article, and says all of the following could be liable for the
> infringement:
>
> The person who made copies of the material
> The publishing company who distributes it
> The printer who printed it in a collection of articles for the magazine
> The store that sells the collection
>
> Pretty scary, huh?
>
> <snip>The writer of the content on the Web is someone
> > they know and, apparently, he said they could use
> > his manual (what he has posted on the web) to
> > give to their (my client's) customers if they wanted.
>
>
> If the person to will allow you to use the copyrighted material and
> provide
> the permission to you in writing, that would be great. Even then, they may
> not allow you to edit it. That's a separate issue that you probably should
>
> also get permission for.
>
> Some free advice (and it's free, so take it for what's it worth) It would
> be
> a very good idea have your attorney draw up a simple release form and have
> the company sign it to release you of any indemification for using the
> mateiral. I do this on a regular basis when in situations like this. If
> you
> don't have an attorney you can call for things like this, please find one
> :-) It's worth the money, trust me.
>
> I told my client they'd better get express
> > permission, preferably in writing, to actually
> > use that content
> >
> Absolutely. Get the writer's permission in writing, preferably in an
> e-mail
> (easiest) or certified mail so you have a date stamp. Keep a copy of the
> permission letter in your own files in case this comes back to bite you.
>
> HTH,
> --PT
>
> --
> PT
> pro -dot- techwriter -at- gmail -dot- com
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