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Stealing ebooks

by TheRussian
5 replies
What could an author of an ebook do if his work was taken by someone else and translated into a different language for sale on his site, but had the wording changed to make it look different?
#ebooks #stealing
  • Profile picture of the author writeaway
    That is still bad news, bro. Derivative works are protected under US copyright law. Translating and rewording produce a derivative version. You MIGHT still have a legal right you can enforce under US law. At the very least, if you can prove ownership, you can hit his host with a DMCA notice.
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  • Profile picture of the author Alexa Smith
    Banned
    Originally Posted by TheRussian View Post

    What could an author of an ebook do if his work was taken by someone else and translated into a different language for sale on his site, but had the wording changed to make it look different?
    He could have the site taken down, the domain-name forfeited, the site de-indexed (possibly), and of course he could commence legal proceedings for damages for breach of copyright because of the production of a "derivative work" based on his intellectual property. And of course that's without thinking about the damage to the reputation of the person who's done it.

    Don't worry too much about someone doing this to you: you'll have plenty of remedies available, and lots of people instinctively "on your side" about it. The regulatory climate and culture are growing stronger all the time. As long as you can find out about it, you can correct it.
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  • Profile picture of the author TheRussian
    But would any of these DMCA or derivative work be of any effect in Russia? I've asked this question on Russian forums and they said I'm screwed pretty much and that I won't be able to do anything about it.
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    • Profile picture of the author Alexa Smith
      Banned
      Originally Posted by TheRussian View Post

      But would any of these DMCA or derivative work be of any effect in Russia?
      Whether the DMCA's will work depends on the hosting company and whether they care about their own reputation. I'm sure there are hosting companies there where it won't work, though, because I think it doesn't have legal power outside the US. However, I've served plenty of DMCA take-down notices myself, by email, to hosts in other countries and it often does the trick anyway. (And I've seen other Warriors saying this, as well).

      The other remedies will probably work, anyway.

      The FTC has both jurisdiction and power over all TLD's, wherever they're registered and hosted (as we saw from all those ".com" poker sites suddenly being taken offline in 2010).

      Regarding lawsuits for breach of copyright, I think you'll need to ask a Russian lawyer how easy/difficult that is. There are certainly plenty of big law-firms in Western countries who have standing reciprocal arrangements with correspondent law-firms in Moscow and other places regarding service of documents, and so on. It may be easier to take action than you expect?

      Originally Posted by TheRussian View Post

      I've asked this question on Russian forums and they said I'm screwed pretty much and that I won't be able to do anything about it.
      I doubt that very much, myself.

      Has this actually happened to you, or are you just concerned, for some strange reason, that it might in future? If it's happened, in which country is the offender? If you're in Russia, yourself, it shouldn't be impossible to resolve if he's also hosting in Russia? (But why would that be, if he's translated it into another language?). It's an unusual concern, I think?
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  • Profile picture of the author TheRussian
    Sent you a PM with details.
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