Is it copyright infringement if they include your name?

[AmySueN]

Sorry if this is a dumb question... I'm new to all this.

I've come across a couple of blogs that reprinted an article I'd written and submitted to Ezine. They did list my name as author of the article, so that's OK, right?

[bogs]

Its fine if you're the author of the article.. but if you copy the article and you claim that you wrote it...and thats not right... much better if you quote the article..

[Cricket]

See if this information helps.
http://www.templetons.com/brad/copymyths.html

[Bernard]

In the USA, people can use small portions of a published document under certain fair use conditions. Republishing an entire article without permission is an infringement - whether they credited the source or not:

Could I be sued for using somebody else's work? How about quotes or samples?
If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission. However, in cases of doubt, the Copyright Office recommends that permission be obtained.

http://www.copyright.gov/help/faq/faq-fairuse.html#sued

[GeekRack]

Great point Bernard, I also want to point out that you do have to have a actualy copyright on file in the US before you can actually file suit. Thats the one thing that many people dont seem to understand

[Bernard]

That's not my understanding. A copyright on file makes it easier to prove your ownership of a copyright and may entitle you to greater compensation for infringement claims, but you do *not* have to register a copyright in order to defend it.

[GeekRack]

If the work isnt registered then how can you possibly show valid ownership in a court of law? You cant. It has to be registered before you can go parading around screaming infringement. Otherwise i would be able to take any file i wanted and say that i created it with no proof and bring litigation against other parties without real ownership to the file and or files.

[Bernard]

No. All works are inherently copyrighted the moment they are published. There are ways to establish/authenticate publication dates for most published works (including electronic documents, web pages).

Not having a copyright registered does make the burden of proof more difficult in court, but not impossible.

[Natural Elements]

I know it is an old post but if I may give my opinion that would be great.

I agree with Bernard's explanations.

If you've got the original electronic files you are good.

I am not very happy when people steal contents from my site, but I am always trying to solve that without going to court and sending only DMCA, so far it is working.

Thanks

[Arenlor]

Alright people need to do some input. Everything you make/say/write/do IS copyrighted to you. That doesn't mean it's a registered copyright which allows you to use the (C), but it is copyrighted (this is the US law). The only reason to register is because a registered copyright has no confusion as to ownership and it's longer (I believe it's about 10 times longer but can not remember). Just like for me the word Arenlor is my trademark, which I can use the TM symbol with. The (R) symbol stands for registered trademark (gives more protection just like registering a copyright). So yes it is copyright infringement if they site you as the source, even if they don't claim it. Claiming it would make it plagiarism. That's why torrents have copyright issues attached. So be careful what you do.

[selfhelpebooks]

If it is for a published work, the person would have to give that particular author the credit. However, unless that author is big, they could probably get away with most things.

[Cricket]

The misinformation on this topic blows my mind. Take the time to research the information.

[corneo]

Go here and read all about it.

http://www4.law.cornell.edu/uscode/17/