• Intro
  
• Feedback regarding plagiarism
  • Roz Fruchtman
    
  • Sandra Smith
    
  • Bob McElwain
    
  • Katherine McCrimmon
    
  • Jackie Eastwick
    
• Grammar questions by Malissa Richards
  • Response by Judy Vorfeld
    
• Feedback regarding Janet Attard's "The Home Office and Small Business Answer Book"
  • Steve Uzick
    
  
  

This is a special edition of Communication Expressway, and with it comes the promise that the regular edition will be published within the next few days. Stand by: it's jam-packed with tips, and also features feedback from our subscribers.

In our April issue, we presented the plight of Jackie Eastwick, who, over a period of time, discovered many people plagarizing her site, particularly some bulleted items relating to becoming a VA (Virtual Assistant). She agreed to let us publish her situation in order to see if any of our subscribers had concrete recommendations.

In the last issue, I said, "What if this had happened to you, after you'd struggled to get the words just right? Or has it happened to you? What would you do? Or what did you do? Ideas welcome! We'll publish them."

I'm publishing this special edition because the comments are lengthy but worth considering...JUDY

from Roz Fruchtman

RE: Paying money for copyright infringement case in advance.

Judy, I attended a seminar two weeks ago at the Stationery Show in NYC on Internet Copyright Infringement. I found out something I had never known... Copyright lawyers -- not sure if all -- DO take CONTINGENCY cases. IF the case does not pan out to be worth it the SUER ONLY has to pay for any charges for services -- like photocopying, phone calls, etc. NOT regular services rendered. I believe the lawyer said it was a law. I would have to check for specifics if you were really interested. I will be writing a review on the seminar as I thought this guy was FANTASTIC!!!

I don't fully agree with just letting people get away with copying ones work. I do original artwork and it sometimes takes me hours to come up with something that *I* like. I would NOT be happy to see it on someone elses site. The law is not the only effective way to get it off the web. There are other IMMEDIATE ways like having someone's site closed down. Most -- I would hope all -- ISP's/hosts will NOT let copyright infringement be done on their servers.

There was a nut that put up a hate site about me -- one of my X-Haven list members. True I spent a little bit of time, but I could not allow that sort of stuff about me. I wrote to the person who was listed on the domain info at Whois.org, and to his HOST. The site was CLOSED down in a couple of hours. It was true it opened the next day but WITHOUT any reference to me or my moderator. We were both targeted but the site was called *WeHateRoz.* If that is NOT a HATE site then I am not sure what is. So things can get done with a bit of perseverance.

Take care and thanks for the expressway extra.

Roz Fruchtman roz@designsbydaybreak.com
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from Sandra Smith

As a freelance writer who has spent some time researching copyright law, I couldn't let the following go with no comment. First I would recommend that anybody go to the source before publishing legal information. And I recommend that you don't take my word for it, either. Go online to the U.S. Copyright office. We cannot afford to be so naive in the wide open Internet universe.

The first fallacy is that anybody would win money taking a copyright violator to court. Sentimental or potential values or "but it's mine" moral or ethical reasoning has no value for damages in a court of law. In order to even win damages, the work MUST be registered with the U.S. Copyright office. Yes, the work is copyrighted the moment you write it, but, again, to receive money in a lawsuit, you must prove copyright registration. In addition to that, you have to prove an actual cash value for the work. Good luck when freelance writers struggle to get meager pennies per word.

Sending yourself a letter DOES NOT allow you to sue for damages, only registration does. You could prove that you wrote it "first" but that gains you no monetary value.

It makes sense to ask word thieves to cease using your words - send a snail mail letter to violators. You can get real names and addresses by doing a "whois" search at http://www.netsol.com/cgi-bin/whois/whois to find mailing addresses.

But let it go is the best advice if that doesn't succeed.

Sandra Smith
Freelance Writer & Graphic Designer
Pagesmith
http://www.pagesmith.net

RESPONSE FROM BOB McELWAIN

The first time this happened to me, I checked out of curiosity. Like how come my stuff is so great you copied it, dummy.

Since then, a dozen or more folks have informed me of a site using my content. I don't even bother to check. And never waste time trying to contact them. Or anybody else. Here's two reasons.

First, to enforce copyright law means Federal court. You'll need to pay a lawyer considerable bucks just to walk into the building. Then, the only way in which one can profit from such action, is to grab assets at the end of the battle. These jerkos who steal whatever they like, don't have assets. So this approach is a waste of time.

Second, why should I care? They are not going to make significant bucks off my work. And before they get around to really understanding what I did, I'll be further ahead of them again.

As an aside, dates on disk files can be changed with ease. So I don't see how they could be helpful in court.

If you are determined to protect your copyright, be prepared for court action. Which means filing all pages formally for copyright protection.

Or do as writers have been doing for years. Mail yourself a copy that requires your signature upon receipt. I think "certified" gets this done. Then label the content and tuck it away. This is admissible in court. And it's irrefutable if dates are the issue.

For myself, though, I'd rather convert the emotional energy generated by such things, into more and better results. Something positive that takes me closer to my goals. So I suggest letting these clowns go hang. Or whatever.

Bob McElwain
http://www.sitetipsandtricks.com

FROM KATHERINE MCCRIMMON

I am a big fan of Jackie's. Her site is one of the best VA Sites I've seen and I know she has worked very hard to get that way. The plagiarism you have described is so frustrating. On the one hand you want 'justice', but on the other hand, and especially as a busy VA and mother, the fight against it is time-consuming and often not cost-effective, as well as debilitating emotionally.

Maybe this would work toward feeling that 'justice has been done': On her site, under 'testimonials' Jackie could put something about how many VAs think so highly of her work that they have used her original words. Add something about realizing that imitation is the highest form of flattery, and a testimonial is a testimonial! Now, I know Jackie has a fine way with words! In addition, I would put an link, either surrounding the whole of the lists in question, or to a statement at the end of the lists: 'See Testimonials'.

Oh, and Jackie and anyone else on this list, you have permission to use any, all, or part of these words!

Katherine McCrimmon
e-McCrimmon Enterprises
"Serving Virtually the Internationl Community"

FINALE (WE THINK!!) JACKIE EASTWICK

Judy, I couldn't believe it! Out of the blue, I decided to check that one site that refused to remove my text and actually challenged whether I had written it. She was the one who stated that she'd been on the Internet for seven years, so...?

The text has been removed...sorta. It's been revised enough where it's not verbatim mine, and probably no one (besides myself) will recognize it. This happened after your newsletter!!!

I really wonder if she read it or all of my griping got back to her...or maybe she checked it with the designer who wrote her text.

Either way, this battle is done. Also, I have printed my text and sent it to myself. I'm also going to be offering a new service to VAs and this time I will be sending myself a few certified letters!

Jackie Eastwick, IVAA CVA
Allison Lane Business Solutions
Out of Sight Administrative Assistance
www.allisonlane.com

FROM MALISSA RICHARDS
In the #3 example about years experience, what if you say "over 17 years of experience"? (I include the word "of".) Is that correct? Which is better? When I include any details about a person's length of experience in the field, I have always written, "more than 17 years of experience."

According to AP Style, "over" usually refers to spatial relationships. "More than" is usually better when referring to numbers. I know everyone has their own preferences, but I just wanted to let you know!

JUDY RESPONDS:
The word "of" is often considered superfluous, so omit it if it adds nothing to the meaning. It's not wrong to use it, but it's not necessary in this instance. [Gregg Reference Manual, Ninth Edition]

The AP Stylebook says that "over" generally refers to spatial relationships, but it can, at times, be used with numerals. I would use "over," since it's clean and neat. [AP Stylebook]

Judy, I am sorry that I have not communicated with you earlier. I wanted to read this book in its entirety and then reread it again. I must say this book is going to be a valuable asset in my resource library. I found it to be a resource for a beginner, like myself, and I hope to avoid some major pitfalls beginners have starting their e-commerce business. I guess the best way to describe this book is a "guide book" that will get you off to a good start and will guide you as you progress. It asks the type of questions one would have, and then gives you real practical answers. Pretty neat!

Thank you again for sending this book to me.

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