A
couple of weeks ago I was making the final round of edits to my new book when I
decided to do a quick search of my previous titles to see if they were still
available for sale. Given the fact that this new volume would incorporate
basically all of the previously published works I was going to pull the
printing of the previous collections…. Don’t want multiple versions in the
marketplace at the same time. Well, that was my original intent but it wasn’t
what I found.
As
it turns out, the publisher for my previous collection had gone under in the
decade since my chapbook was put into print. I guess you could say that this
issue was resolved much faster than expected. However, when I dug a little
deeper, I did find a couple of websites that had scanned the contents and
basically made the book available for digital download. This is not something
that I approved or appreciated so I did some research and found the people with
whom I needed to speak from the websites.
For
those of you who may run into this issue of copyright infringement, here is the DMCA Notice letter that I sent:
To Whom It May Concern,
My name is Sean and I am the author
of Kaddish Diary. Your website, SAMPLE.net is infringing on at least one
copyright owned by me.
A book was copied onto your servers without
permission. The original book and poems, to which I own the exclusive
copyrights, can be found at:
The unauthorized and infringing copy can be
found at:
http://SAMPLE.net/kaddish-diary
This letter is official notification under
Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the
removal of the aforementioned infringing material from your servers and
website. I request that you immediately notify the infringer of this notice and
inform them of their duty to remove the infringing material immediately, and
notify them to cease any further posting of infringing material to your server
in the future.
Please also be advised that law requires you, as
a service provider, to remove or disable access to the infringing materials
upon receiving this notice. Under US law a service provider, such as yourself,
enjoys immunity from a copyright lawsuit provided that you act with deliberate
speed to investigate and rectify ongoing copyright infringement. If service
providers do not investigate and remove or disable the infringing material this
immunity is lost. Therefore, in order for you to remain immune from a copyright
infringement action you will need to investigate and ultimately remove or
otherwise disable the infringing material from your servers with all due speed
should the direct infringer, your client, not comply immediately.
I am providing this notice in good faith and
with the reasonable belief that rights I own are being infringed.
Under penalty of perjury I certify that the information contained in the
notification is both true and accurate, and I have the authority to act on
behalf of the owner of the copyright(s) involved.
Should you wish to discuss this with me please
contact me directly.
Regards,
Sean
Unfortunately,
after sending off this request and continuing the search for some of the other
books in which my work has been included, I found that Charles Fishman’s anthology,
Blood to Remember: American Poets on the Holocaust, was also out of
print due to the publisher discontinuing operations at the end of last year. I
guess I chose the right time to work on the manuscripts that have been sitting
on my computer for the last ten years. Stay tuned for details about this and
other books that I am releasing to the masses this year!
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