Plagiarism by grammarian247(m): 2:58pm
I really do not know how best to present this here on Nairaland; what I do know, however, is-I need help.

For over two years now, every day, I have been posting English lessons on my Facebook page. Straight to the point. As I was going through a monthly magazine by a big company in Nigeria, I saw one of the dramatic grammar posts I made published in the magazine without acknowledging me.

After some consultations, I hired a lawyer who wrote the company demanding compensation. One month has gone since the company was served, not a syllable from the company or its representative. What step should I take to have them pay for this intellectual theft?

Those who know how this works should please kindly advise me. I do not want to reveal the identity of the company for reasons we all know.
Lalastica and other moderators should please give this post a front page advantage

what you post on public forum and social media can be used as anyone sees fit....it is well known that: once you post something viewable by anyone else on Facebook, you have forfeited any privacy interest in it

Get your lawyer to write a follow up letter with an ultimatum of court action.

You will need money to sue however so consider crowdfunding.

budaatum:
Get your lawyer to write a follow up letter with an ultimatum of court action.

You will need money to sue however so consider crowdfunding.

Okay, thanks a lot. You are saying I have chances of winning.

MrBrownJay1:
what you post on public forum and social media can be used as anyone sees fit....it is well known that: once you post something viewable by anyone else on Facebook, you have forfeited any privacy interest in it

You mean even when the person uses it to promote his business or to make gains? Even when the original owner risks loosing his job as a result of the action? Even when the owner is an online teacher whose source of income comes very the number of people who subscribe to his online teaching on the basis of his regular posts?

Get a lawyer and Sue them

grammarian247:
You mean even when the person uses it to promote his business or to make gains? Even when the original owner risks loosing his job as a result of the action? Even when the owner is an online teacher whose source of income comes very the number of people who subscribe to his online teaching on the basis of his regular posts?

the minute you post anything on social media....you have given anyone the right to use that material. you cant post something on public spaces but claim it is a private material....unless it is copyrighted, anyone can use it as they please. if you feel so strongly about such material, why post it on a public space for all to see/use INSTEAD OF/BEFORE COPYRIGHTING IT?!

you cant prove that an English lesson is yours....

MrBrownJay1:


the minute you post anything on social media....you have given anyone the right to use that material. you cant post something on public spaces but claim it is a private material....unless it is copyrighted, anyone can use it as they please. if you feel so strongly about such material, why post it on a public space for all to see/use INSTEAD OF/BEFORE COPYRIGHTING IT?!

you cant prove that an English lesson is yours....

Well, if the case onus is to prove that the lesson is mine, then I might win. The same work was published in a recognised school yearly magazine with my permission.

grammarian247:


Well, if the case onus is to prove that the lesson is mine, then I might win. The same work was published in a recognised school yearly magazine with my permission.

nah, you dont get it.... a lesson is a lesson, everyone can do a lesson, and there are NO COPYRIGHT for such (unless you wrote a book about it and copyrighted it). furthermore, the minute you give a lesson to someone about any subject (publicly or privately) then that person can turn around and give that same lesson to someone else....you dont own the right to someone's teaching/learning.

grammarian247:


Okay, thanks a lot. You are saying I have chances of winning.

You should have, if you can prove they stole your property. In fact, pressure should make them settle rather than go to court especially if they are a big company, as the payment would be much less than their legal costs.

But be prepared for a long battle as Nigerian companies don't seem to care much about reputational damage. Or perhaps that's because Nigerians don't make them care, as you'd be doing here.

budaatum:


You should have, if you can prove they stole your property. In fact, pressure should make them settle rather than go to court especially if they are a big company, as the payment would be much less than their legal costs.

But be prepared for a long battle as Nigerian companies don't seem to care much about reputational damage. Or perhaps that's because Nigerians don't make them care, as you'd be doing here.

I think I can prove that the contested post is mine. Again, in the said magazine, the reference even works they got from google. My article was the only one without a reference whatsoever, meaning that the idea was that of the publisher which can be contested. I published the work on my page March, they did August, 2022.

grammarian247:


I think I can prove that the contested post is mine. Again, in the said magazine, the reference even works they got from google. My article was the only one without a reference whatsoever, meaning that the idea was that of the publisher which can be contested. I published the work on my page March, they did August, 2022.

Work on registering a copyright, though the case is still valid without it going by a previous supreme court verdict. Truly they used your intellectual property but it wont be that easy in front of a law court to prove. This is because here in Nigeria anything goes. Give the company time to comply.

MrBrownJay1:
what you post on public forum and social media can be used as anyone sees fit....it is well known that: once you post something viewable by anyone else on Facebook, you have forfeited any privacy interest in it

This is not true

MrBrownJay1:
what you post on public forum and social media can be used as anyone sees fit....it is well known that: once you post something viewable by anyone else on Facebook, you have forfeited any privacy interest in it

This is not true, why do you choose to comment when you know nothing about the topic

MrBrownJay1:


nah, you dont get it.... a lesson is a lesson, everyone can do a lesson, and there are NO COPYRIGHT for such (unless you wrote a book about it and copyrighted it). furthermore, the minute you give a lesson to someone about any subject (publicly or privately) then that person can turn around and give that same lesson to someone else....you dont own the right to someone's teaching/learning.

No be plagiarism be that
Making use of his material without reference

grammarian247:


I think I can prove that the contested post is mine. Again, in the said magazine, the reference even works they got from google. My article was the only one without a reference whatsoever, meaning that the idea was that of the publisher which can be contested. I published the work on my page March, they did August, 2022.

Don't mind what that guy says.
Your work is your work, whether posted in public or private forum.
You don't need to apply for copywrite for your work for you to sue someone who infringe on it.
They were supposed to contact you and ask permission if they can publish your work or not.
As long as you made your work public, it becomes your intellectual property, if your work is unique and no random person or persons can just come up with exactly thesame thing, you can sue.

you have a good case if you can hire a high profile lawyer

soundOsonic:

Don't mind what that guy says.
Your work is your work, whether posted in public or private forum.
You don't need to apply for copywrite for your work for you to sue someone who infringe on it.
They were supposed to contact you and ask permission if they can publish your work or not.
As long as you made your work public, it becomes your intellectual property, if your work is unique and no random person or persons can just come up with exactly thesame thing, you can sue.

Thanks, bro. Here is it. My post in question is one of 5 series of drama where I created characters whom I make use wrong expression and another character who corrects them. In the post, I am the character who corrects other characters who commit solecism. Now, my name in the post is my real name and also my Facebook identity. They published the work with my name all over, not a single word or even a punctuation mark was changed. It is highly impossible to argue that it was a coincidence, it can never be. Not even the title was changed, my first name, middle name and surname were used as the name of a character in the drama series, just the same way I published it.

Namkbank:
you have a good case if you can hire a high profile lawyer

Thanks, a few lawyers are suggesting we go into agreement so they finance it and we share the proceeds when all works out. I only needed to know if it's a case that will fly. This forum has very brilliant men's and women, this is why I brought it here for dissection

I doubt you can win in this instance. You need to go read the T&C of the platform where you made that post.

Beg lalastica to help you push your post to front page.

I hate intellectual fraud.

grammarian247:


Thanks, bro. Here is it. My post in question is one of 5 series of drama where I created characters whom I make use wrong expression and another character who corrects them. In the post, I am the character who corrects other characters who commit solecism. Now, my name in the post is my real name and also my Facebook identity. They published the work with my name all over, not a single word or even a punctuation mark was changed. It is highly impossible to argue that it was a coincidence, it can never be. Not even the title was changed, my first name, middle name and surname were used as the name of a character in the drama series, just the same way I published it.

You can sue, as long as you wrote it and posted it on the internet with your name.
Pursuing this will take time and resources.
Your lawyer should be ready to sue them with a huge fine that can affect the company.
Good luck. Nigeria doesn't take intellectual property seriously

Lordbinsmar:
Beg lalastica to help you push your post to front page.

I hate intellectual fraud.

I sincerely do not know how to go about that, could you help me?

MrBrownJay1:


nah, you dont get it.... a lesson is a lesson, everyone can do a lesson, and there are NO COPYRIGHT for such (unless you wrote a book about it and copyrighted it). furthermore, the minute you give a lesson to someone about any subject (publicly or privately) then that person can turn around and give that same lesson to someone else....you dont own the right to someone's teaching/learning.

Okay, I think you made a great point, Sir.

It's strange how people just fly ignorance blatantly. The moment you set down words or ideas,the copyright rests with you. In other words,you own the copyright. I think two mistakes u made was that ,one you didnt put the copyright symbol, (C) 2022 etc. And,the other one is that you didnt notify the Nigerian Copyright Commission. If you did,you would put them on notice in case of such scenarios. So,all those telling you that you don't own the copyright are just talking ignorantly.
It's not a must that you register with the NCC.You register your work in order to notify them. It's in the case of patents and trademarks that you're compelled by law to register with the NCC.
I've got two contents I would like to share with potential sponsors. I've notified my lawyers about it. So,he's in the know.

MrBrownJay1:
what you post on public forum and social media can be used as anyone sees fit....it is well known that: once you post something viewable by anyone else on Facebook, you have forfeited any privacy interest in it

Bro... You are ignorant as hell on copyright issues and intellectual property theft. Just sit this one out. Or do you have a relationship with the erring company?


OP... You have very valid grounds to start an intellectual theft lawsuit. Let the law firm fund the process and reach a percentage agreement with them.

It pisses me off when people who don't know shit start acting like authorities. Dude was confidently spreading misinformation. If I like, let me post my work on a billboard, no body has a right to use my materials without acknowledging me except I stated otherwise.

erad:


Bro... You are ignorant as hell on copyright issues and intellectual property theft. Just sit this one out. Or do you have a relationship with the erring company?


OP... You have very valid grounds to start an intellectual theft lawsuit. Let the law firm fund the process and reach a percentage agreement with them.

It pisses me off when people who don't know shit start acting like authorities. Dude was confidently spreading misinformation. If I like, let me post my work on a billboard, no body has a right to use my materials without acknowledging me except I stated otherwise.

This is heartwarming jooor. I will reveal the company to the surprise of many. My lawyers demanded 20m for damages, but they ignored the letter of complaint. The lawyers are warming up to file a case in court, and they are giving me so much hope. You know lawyers can give you hope in any case, I wanted to know if was fighting a loosing battle, hence my decision to hear from Nairalanders, thanks, bro.

MrBrownJay1:


the minute you post anything on social media....you have given anyone the right to use that material. you cant post something on public spaces but claim it is a private material....unless it is copyrighted, anyone can use it as they please. if you feel so strongly about such material, why post it on a public space for all to see/use INSTEAD OF/BEFORE COPYRIGHTING IT?!

you cant prove that an English lesson is yours....

This is wrong.

Intellectual property is automatically copyrighted whether you fill for a trademark or not.

If I create a design for an animation carton and post a pic of it on my Instagram, that doesn't give anyone the right to use it for commercial purposes. It is still and remains my Intellectual property until the moment I explicitly give it away.

To the op, one thing you must know qbout copyrights, it means nothing unless it is enforced. Which means if you feel someone stole your copyright, the burden is on you to enforce that copyright.

I will advice you write a follow up letter and give a deadline for them to get in contact with you, if they fail to do so, you should sue them and please use a good lawyer that should be able to match up with the calibre of lawyer the company can recruit

404Dev:

This is wrong.

Intellectual property is automatically copyrighted whether you fill for a trademark or not.

If I create a design for an animation carton and post a pic of it on my Instagram, that doesn't give anyone the right to use it for commercial purposes. It is still and remains my Intellectual property until the moment I explicitly give it away.

To the op, one thing you must know qbout copyrights, it means nothing unless it is enforced. Which means if you feel someone stole your copyright, the burden is on you to enforce that copyright.

I will advice you write a follow up letter and give a deadline for them to get in contact with you, if they fail to do so, you should sue them and please use a good lawyer that should be able to match up with the calibre of lawyer the company can recruit

Okay, Sir. In the first letter, the company was given a week to respond. The threat of law suit was also included in the latter of complaint. It is over a month now, no response. The lawyers are saying that the next step should be to take them to court as threatened. I am still processing this.

erad:


Bro... You are ignorant as hell on copyright issues and intellectual property theft. Just sit this one out. Or do you have a relationship with the erring company?


OP... You have very valid grounds to start an intellectual theft lawsuit. Let the law firm fund the process and reach a percentage agreement with them.

It pisses me off when people who don't know shit start acting like authorities. Dude was confidently spreading misinformation. If I like, let me post my work on a billboard, no body has a right to use my materials without acknowledging me except I stated otherwise.

404Dev:

This is wrong.
Intellectual property is automatically copyrighted whether you fill for a trademark or not.

If I create a design for an animation carton and post a pic of it on my Instagram, that doesn't give anyone the right to use it for commercial purposes. It is still and remains my Intellectual property until the moment I explicitly give it away.

To the op, one thing you must know qbout copyrights, it means nothing unless it is enforced. Which means if you feel someone stole your copyright, the burden is on you to enforce that copyright.

I will advice you write a follow up letter and give a deadline for them to get in contact with you, if they fail to do so, you should sue them and please use a good lawyer that should be able to match up with the calibre of lawyer the company can recruit

stop writing deluded nonsense online... what does an online English lesson got to do with a design?!?!?

let me put it up again, so you guys read it CAREFULLY...

MrBrownJay1:
nah, you dont get it.... a lesson is a lesson, everyone can do a lesson, and there are NO COPYRIGHT for such (unless you wrote a book about it and copyrighted it). furthermore, the minute you give a lesson to someone about any subject (publicly or privately) then that person can turn around and give that same lesson to someone else....you dont own the right to someone's teaching/learning.

grammarian247:
Plagiarism by grammarian247(m): 2:58pm
I really do not know how best to present this here on Nairaland; what I do know, however, is-I need help.

For over two years now, every day, I have been posting English lessons on my Facebook page. Straight to the point. As I was going through a monthly magazine by a big company in Nigeria, I saw one of the dramatic grammar posts I made published in the magazine without acknowledging me.

After some consultations, I hired a lawyer who wrote the company demanding compensation. One month has gone since the company was served, not a syllable from the company or its representative. What step should I take to have them pay for this intellectual theft?

Those who know how this works should please kindly advise me. I do not want to reveal the identity of the company for reasons we all know.
Lalastica and other moderators should please give this post a front page advantage

I can coonect you to my cousin thats a well known intellectual property Laywer if you want

MrBrownJay1:



stop writing deluded nonsense online... what does an online English lesson got to do with a design?!?!?

let me put it up again, so you guys read it CAREFULLY...

Bro, stop flogging a dead horse. You don't know about this thing, just shut the hell up and stop fanning the embers of your ignorance. Why don't you go carry an udemy class and put it on your site without linking back to the creator or udemy when the creator didn't signify it as free for use or distribution?

You are just saying nonsense and it's starting to get irritating.

Even Nairaland won't let you use another site's materials without acknowledging that site or the original creator.

You better pay attention and learn rather than arguing about what you don't know.