Whole Handbook Copied!!!

I need some opinions here please. I just found out my whole handbook has been copied by another state provider. The licensor loved some of my entires so much she wanted to share it with some other providers that may need help getting ideas for their own handbook. She gave me a copy of another providers handook to show me how my work helped and said I should be proud my work has helped others. I read it and it is exactly MY handbook word for word!!! MY WHOLE HANDBOOK!!! Like 10 pages!! A sentence or 2 has been changed here and there but the whole book is mine in my own wording style even! I am so mad! I assume the licensor read it. Is this even legal? I do not have a copyright on it so I assume there is nothing I can do but I am no longer proud I feel ripped off! Now others may think I stole her handbook. What would you do? Even the basic introduction about myself and my family has been copied and applied to her own family! I want to complain to the licensor but I don't want to rock the boat as they decide my fate. I just wonder how many other people have been given copies of my ENTIRE handbook to copy word for word! I am so... LIVID!!!

[Blackcat31]

Originally Posted by registered

I need some opinions here please. I just found out my whole handbook has been copied by another state provider. The licensor loved some of my entires so much she wanted to share it with some other providers that may need help getting ideas for their own handbook. She gave me a copy of another providers handook to show me how my work helped and said I should be proud my work has helped others. I read it and it is exactly MY handbook word for word!!! MY WHOLE HANDBOOK!!! Like 10 pages!! A sentence or 2 has been changed here and there but the whole book is mine in my own wording style even! I am so mad! I assume the licensor read it. Is this even legal? I do not have a copyright on it so I assume there is nothing I can do but I am no longer proud I feel ripped off! Now others may think I stole her handbook. What would you do? Even the basic introduction about myself and my family has been copied and applied to her own family! I want to complain to the licensor but I don't want to rock the boat as they decide my fate. I just wonder how many other people have been given copies of my ENTIRE handbook to copy word for word! I am so... LIVID!!!

So your licensor liked your handbook so SHE shared it with others? And now she is saying you should feel proud that someone else copied it? Did your licensor not realize this handbook was yours word for word? Yeah, not really cool on your licensor's part. I assume when you gave it to your licensor it was in confidence without the idea that she would be sharing it with other provider's. I think that she should have asked for permission from you before sharing it and before she gave others permission to use it. I ean it is one thing if YOU gave other providers your handbook but if you didn't and the licensor did, I would be MAD too!!

Do you know this other provider? Maybe you should call her and say to her that you don't mind her using your ideas for rules and policies but that she needs to put them in her own words. I would be LIVID about the family part! Maybe if you call her out on it she will change it? I don't know what the laws and rules are for this kind of thing in your area so maybe looking in to that might give you some insight too as to what you should do.

I guess we have all shared our handbooks on here enough that I know my handbook is a total mish-mash of stuff from other providers. I did try to word stuff in my handbook/contract "in my own words" as much as possible so it reads like I would speak but I know my ideas/concepts/thoughts etc. in certain areas are definitely not 100% mine. I have even shared my handbook with others here and told them to feel free to use whatever works for them. But again, different concept as we willingly shared with others.

I would, however, feel really badly and probably pretty angry if a provider from my own area used my handbook word for word as the people I told to use mine aren't from my immediate region so I can totally understand how that would be awful!

If I were you, I would atleast express to my licensor that you ARE proud of your work but would prefer to have others use it not only with permission but in their own words. I wouldn't mind sharing my concepts but not my exact sentences. I would think your licensor would think you are a stand-up person to feel this way and not think badly that you are upset.

(((hugs))) to you and I am sorry this happened to you.

Originally Posted by Blackcat31

So your licensor liked your handbook so SHE shared it with others? And now she is saying you should feel proud that someone else copied it? Did your licensor not realize this handbook was yours word for word? Yeah, not really cool on your licensor's part.

Do you know this other provider? Maybe you should call her and say to her that you don't mind her using your ideas for rules and policies but that she needs to put them in her own words. I would be LIVID about the family part! Maybe if you call her out on it she will change it? I don't know what the laws and rules are for this kind of thing in your area so maybe looking in to that might give you some insight too as to what you should do.

I guess we have all shared our handbooks on here enough that I know my handbook is a total mish-mash of phrases and paragraphs from other providers. I did try to word stuff in my contract "in my own words" as much as possible so it reads like I would speak but I know my ideas/concepts/thoughts etc. in certain areas are definitely not 100% mine. I have even shared my handbook with others here and told them to feel free to use whatever works for them.

I would, however, feel really badly and probably pretty angry if a provider from my own area used my handbook word for word as the people I told to use mine aren't from my immediate region so I can totally understand how that would be awful!

If I were you, I would atleast express to my licensor that you ARE proud of your work but would prefer to have others use it not only with permission but in their own words. I wouldn't mind sharing my concepts but not my exact sentences. I would think your licensor would think you are a stand-up person to feel this way and not think badly that you are upset.

(((hugs))) to you and I am sorry this happened to you.

Thanks Blackcat. Yes the licensor asked first and I said ok thinking it would be used as an example ONLY. I don't mind sharing it and I wouldn't even mind people copying SOME things word for word but not the whole handbook cover to cover. Mine is a mix up too from many many ideas I found all over the net and then my own spin on it and of course my own ideas as well. I have even used some ideas from here so I am all for sharing. I don't think the licensor bothered to read that providers whole handbook. I didn't either at 1st. I don't know the provider. It has a cover page the same as mine but instead of my daycare name she put her own. Then her introduction is the same as mine except the schooling names etc are changed, that's it! Even wording about family vacation was word for word. A section I titled "final thoughts" was copied word for word. My philosopy was word for word... etc .

I can't wait til Monday to call the licensor. I just hope she agrees with me and makes her change it. An apology would be nice too because I feel it's partially her fault for not even reading it!

I have been wondering now how many others have done the same. It will look like a state issued handbook if many people copy it. That hanbook was years in the making always tweaking. Anyway thanks for letting me vent.

[Blackcat31]

Originally Posted by registered

Thanks Blackcat. Yes the licensor asked first and I said ok thinking it would be used as an example ONLY. I don't mind sharing it and I wouldn't even mind people copying SOME things word for word but not the whole handbook cover to cover. Mine is a mix up too from many many ideas I found all over the net and then my own spin on it and of course my own ideas as well. I have even used some ideas from here so I am all for sharing. I don't think the licensor bothered to read that providers whole handbook. I didn't either at 1st. I don't know the provider. It has a cover page the same as mine but instead of my daycare name she put her own. Then her introduction is the same as mine except the schooling names etc are changed, that's it! Even wording about family vacation was word for word. A section I titled "final thoughts" was copied word for word. My philosopy was word for word... etc .

I can't wait til Monday to call the licensor. I just hope she agrees with me and makes her change it. An apology would be nice too because I feel it's partially her fault for not even reading it!

I have been wondering now how many others have done the same. It will look like a state issued handbook if many people copy it. That hanbook was years in the making always tweaking. Anyway thanks for letting me vent.

Aw, I still feel so sad for you.... I think it is a good idea to call your licensor and voice your concerns. It is nice to have providers all on the same page but totally not fair to have them use your ideas and philosophy's. When I was in college, a HUGE part of our degree was to write a paper about our own personal philosophy's as the instructor said it is our philosophy that literally defines us as who we are for teachers/caregivers.

Since you have some time before Monday and you can call your licensor, I would sit down and make a list of the points you want to make to her and why Let her know that there is a HUGE point to selling yourself and your philosophies in this business and setting ourselves apart form other providers is what gives us our reputations and creates selling points that keep us in business. If evey provider had the same philosophies and "families" then there would be no way for clients to find the perfect fit for them.

Your licensor probably didn't read it all and probably doesn't fully understand how important our words are if she has neverbeen a provider herself. Good luck and keep me posted as I am interested in hearing how this turns out.
Hang in there and I will be sending you good thoughts.....

[MyAngels]

I do think your licensor should have asked your permission to use it first, as well as the other provider, but honestly I would be just a tiny bit flattered as well, that someone thinks so highly of my work that they didn't need to change anything .

My original contract was based on another provider's, since at the time I didn't have a single clue as to what to put into a contract. She actually gave it to me and told me to feel free to copy it, since she had been given it by yet another provider as well.

OP said:
I do not have a copyright on it so I assume there is nothing I can do...

The moment you write anything you own the copyright to it. If you have dated copies or computer files dated, you could sue for copyright damage if you wanted to go that far.

[MarinaVanessa]

Originally Posted by Unregistered

OP said:
I do not have a copyright on it so I assume there is nothing I can do...

The moment you write anything you own the copyright to it. If you have dated copies or computer files dated, you could sue for copyright damage if you wanted to go that far.

Yes this. You don't have to officially register your written work with anyone in order for it to be protected. At any time that you write something it's automatically copyright protected. Can you maybe even ask the provider to give you credit for the handbook? She probably doesn't even know that she did anything wrong or that it has upset you, maybe just talking to her about and offering for her to be able to keep using your handbook as long as she gives you credit where it's due (your name and title etc).

[Sprouts]

I would be pretty upset too if someone copied my work word for word, but at the same time if I did agree for it to be shown to new providers I wouldn't be surprised if someone copied it word for word...so I know this is probably not what you wanted to hear but I guess try to look at it as a compliment, you work was so good she didn't even have to add anything to it.

legalzoom.com is a good and inexpensive place if you want to have something copywrighted

[cheerfuldom]

I think you need to decide if the licensor can use this as an example in the future or not. If you agree, assume that it will be copied in some form by providers for years to come. Here is what I would do

1. Call the licensor, voice your concern, ask that your contract no longer be used for examples to new providers in your area (there are plenty of examples online and elsewhere that she can drum up for new providers)

2. Ask that the other provider be contacted and given a time limit in order to put her contract in her own words, even if she does use your general ideas

[Sprouts]

okay i found this on the US copyright office website...so if the work is "original" it is automatically protected...i think it also states something about registering it with in the 5 years of being created it can be used in the court if need be. Although it does say it does not protect "methods of operation" but it does protect how it is expressed. So yeah if she has copied it word for word i would ask youre lisencor to contact her and express that she can not copy something word for word...and just dont give your contract out for an example.

http://www.copyright.gov/help/faq/fa...l.html#protect

Copyright in General


What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

Is my copyright good in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States.