Who Is Responsible When The Newbie Goes Wrong?
First, some background...
I have been on record many times suggesting that taking content without permission or claiming someone else's written works as your own, would be a violation of copyright law and a practice that people should avoid.
But, were you aware that no one can get a copyright on article titles, book titles, etc.? Or, pen names?
From the U.S. Copyright Office website:
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. -- Source |
If I were to suggest to someone that they could copy a title or create a title that is very similar to the first, then I would not be doing anything wrong.
This morning, someone suggested that if I tell "newbies" that they can use an existing title for their written works and/or use a similar pen name to an existing author, that I could be potentially responsible for causing the "newbie" to get in trouble, if that newbie also copies the contents of an article or book...
I responded by saying this:
Newbies or not, people know it is wrong to steal content. People also know it is wrong to copy someone else's work and take credit for it. I believe that most people are honest and will do the right thing. Those who are dishonest will do the wrong thing, no matter what you and I tell them they should do or not do. |
I received this response:
When newbies see someone who professes to be an expert, the newbies unfortunately believe that the method recommended is a valid method. And if guys like you and others endorse the methods, then who will stop the newbie from making the mistakes in the first place? If we're all adults and we know it's wrong to steal content, I don't see how it makes it acceptable for you to promote a method that advises others to steal content? |
I re-read the document in question.
The document DID NOT advise that it was okay to steal someone's content, but it did suggest that writers could model a new title on a previous title and use a pen name similar to that of another author.
Again, the U.S. Copyright Office says that names and titles are not copyrightable.
So, my question...
If it is suggested that a newbie writer can use an existing title and pen name for their products, then that newbie runs off and copies the entire product, who is responsible for that happening? The teacher, or the student?
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Publish Coloring Books for Profit (WSOTD 7-30-2015)
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I've spent the last 59 months building 412 MFA sites. Each site averages 8 cents per day...I said average, some make up to 17 cents per day, PASSIVE INCOME! This income allows me to live comfortably and buy ANY flavor Jolly Rancher or Skittles I desire. Don't give in to fear, it CAN be done!
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