Thursday, February 18, 2016
Editing And Emailing
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:
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.
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!