Appendix B: Committee WorkflowThe committee would endorse a clear set of steps for members dealing with infringement to use, a possible example of which follows: Course of a SFWA response to
a member complaint of copyright infringement 1. Member notifies SFWA of an infringement and requests help. (Member supplies specific url and nameof copyrighted material.) Member has either already contacted individual uploader or does not feel comfortable doing so. (proceed to step 2) Variation: member is notified by SFWA that during the course of an infringement investigation, a possible infringement has been discovered.) A. Member says it is not an infringement. RESOLVED. B. Member confirms infringement—decides to resolve it himself. SFWA ceases involvement. (member may later request involvement.) C. Member
confirms infringement—requests SFWA act on his behalf. 2. SFWA suggests member contact publisher. A. Publisher responds actively. SFWA withdraws UNLESS author requests that SFWA also proceed. B. Publisher ignores or declines to respond. Author
informs SFWA,
SFWA proceeds to step 3. 3. SFWA contacts individual who uploaded the material —notifies him that a member has complained of infringement-- (most likely) reminds poster that posting of copyrighted material without permission is a violation of the site's Terms of Service—requests that poster remove infringing material. A. Poster complies. RESOLVED B. Poster
ignores or defies. Go to step 4. 4. SFWA checks site for other possible infringements, looking ONLY for the works of members who have requested that SFWA be proactive in copyright protection. A. If
other infringements are discovered, individual members are notified, given URL
and requested to confirm as infringement or as
legitimate usage. (Loop through steps 1 and 2 again.) 5. SFWA notifies site of infringement. Gives URL, evidence of copyright infringement(s), evidence of authority to act on copyright holder's behalf. Asks that infringing material be removed. A. Site complies RESOLVED B. Site refuses or ignores. SFWA asks individual copyright holders to confirm that they wish a DMCA notice be sent. i. Copyright holder declines to send DMCA notice—SFWA ends action ii. Copyright holder confirms desire to send DMCA
notice—SFWA
proceeds. (Infringed author to provide evidence of copyright required for
DMCA.) 6. SFWA advises author(s) to notify publisher(s) that DMCA(s) will be filed. SFWA files DMCA notice(s) on behalf of the copyright holder(s) that SFWA is authorized to represent in this matter. A. Site complies, removes material. RESOLVED B. Site ignores or defies. Individual writers notified. SFWA asks individual copyright holders if they wish to proceed with legal action. SFWA lawyer consulted. i. Authors decline. SFWA takes no further action. ii. Authors wish to proceed. Committee passes
the matter on to the
SFWA lawyer and the Grievance committee. Matter is treated as a grievance,
i.e. offender is given a chance to resolve the matter privately. (remove material,
make an offer to pay for material,
whatever.) Publisher is invited to be a party to the
action. If there is no satisfaction, then legal action proceeds to legal
resolution. (The committee thanks Megan Lindholm for her work on this sample committee workflow) |
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