Sunday, June 10, 2012

Stealing My Books


Then you also have the nerve to put your picture out there! Wonderful! Take my book down! This really pisses me off. I give away so much FREE information and I never ask for anything from anyone! This is so uncalled for; hell I've given books away to folks who couldn't afford to buy them. I'm pissed and hurt! BTW all of my writings are held under U.S. copyright and everyone of them have been  Registered with the U.S. copyright office.

This is what the Copyright office has to say about it.

 504. Remedies for infringement: Damages and profits3

(a) In General. — Except as otherwise provided by this title, an infringer of copyright is liable for either —

(1) the copyright owner's actual damages and any additional profits of the infringer, as provided by subsection (b); or

(2) statutory damages, as provided by subsection (c).

(b) Actual Damages and Profits. — The copyright owner is entitled to recover the actual damages suffered by him or her as a result of the infringement, and any profits of the infringer that are attributable to the infringement and are not taken into account in computing the actual damages. In establishing the infringer's profits, the copyright owner is required to present proof only of the infringer's gross revenue, and the infringer is required to prove his or her deductible expenses and the elements of profit attributable to factors other than the copyrighted work.

(c) Statutory Damages.

(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.

(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or (ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in subsection (g) of section 118) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work.

(3) (A) In a case of infringement, it shall be a rebuttable presumption that the infringement was committed willfully for purposes of determining relief if the violator, or a person acting in concert with the violator, knowingly provided or knowingly caused to be provided materially false contact information to a domain name registrar, domain name registry, or other domain name registration authority in registering, maintaining, or renewing a domain name used in connection with the infringement.

(B) Nothing in this paragraph limits what may be considered willful infringement under this subsection.

(C) For purposes of this paragraph, the term “domain name” has the meaning given that term in section 45 of the Act entitled “An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes” approved July 5, 1946 (commonly referred to as the “Trademark Act of 1946”; 15 U.S.C. 1127).

(d) Additional Damages in Certain Cases. — In any case in which the court finds that a defendant proprietor of an establishment who claims as a defense that its activities were exempt under section 110(5) did not have reasonable grounds to believe that its use of a copyrighted work was exempt under such section, the plaintiff shall be entitled to, in addition to any award of damages under this section, an additional award of two times the amount of the license fee that the proprietor of the establishment concerned should have paid the plaintiff for such use during the preceding period of up to 3 years.

§ 505. Remedies for infringement: Costs and attorney's fees

In any civil action under this title, the court in its discretion may allow the recovery of full costs by or against any party other than the United States or an officer thereof. Except as otherwise provided by this title, the court may also award a reasonable attorney's fee to the prevailing party as part of the costs.

§ 506. Criminal offenses4

(a) Criminal Infringement.

(1) In general. — Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed —

(A) for purposes of commercial advantage or private financial gain;

(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

(2) Evidence. — For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.

(3) Definition. — In this subsection, the term “work being prepared for commercial distribution” means —

(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution —

(i) the copyright owner has a reasonable expectation of commercial distribution; and

(ii) the copies or phonorecords of the work have not been commercially distributed; or

(B) a motion picture, if, at the time of unauthorized distribution, the motion picture —

(i) has been made available for viewing in a motion picture exhibition facility; and

(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.

(b) Forfeiture and Destruction. — When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all infringing copies or phonorecords and all implements, devices, or equipment used in the manufacture of such infringing copies or phonorecords.

(c) Fraudulent Copyright Notice. — Any person who, with fraudulent intent, places on any article a notice of copyright or words of the same purport that such person knows to be false, or who, with fraudulent intent, publicly distributes or imports for public distribution any article bearing such notice or words that such person knows to be false, shall be fined not more than $2,500.

(d) Fraudulent Removal of Copyright Notice. — Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500.

(e) False Representation. — Any person who knowingly makes a false representation of a material fact in the application for copyright registration provided for by section 409, or in any written statement filed in connection with the application, shall be fined not more than $2,500.

(f) Rights of Attribution and Integrity. — Nothing in this section applies to infringement of the rights conferred by section 106A(a).
Momma Starr


  1. Momma Starr, I will tell you a few things...

    Some months back I found that someone had put your candle burning book available online as a download. I chose not to say anything to you because it would upset you and because there's nothing you can do about it, save for petitioning the spirits. Plus I didn't want you to get made and stop writing.

    The mind frame of the people who do this is that people are making beaucoup bucks off of stuff and people who are not so blessed in life are being left out. Then there are people who are just plain ignorant and don't realize this isn't acceptable. Piracy, the stealing and disimination of copyrighted material, is not going to stop.

    Now, I'm going to let you know this. I've noticed that you take pictures and put them on your site. I'm talking about the pictures that don't belong to you. That's piracy as well, Momma Starr. By posting it on your site you are making the claim that you are the owner of that picture. Don't feel bad, I've done it too. I just thought I would point that out. Anyone who takes a picture of the web, a picture they themself did not take, then it's piracy. People have done it to me all the time. Did you know that I used to have blog where I posted images from various hoodoo catalogs? Well, one day while googling I discovered a website on hoodoo where the person stole all of my pics and claimed they were pictures of his/her collection of catalogs! I know they were not because I know my pics. Well, I sent him/her a nasty email and they were taken down.

    So anyway, don't sweat it. It happens to every author and we are all guilty of piracy.

    1. Oh, and I forgot to tell you how several authors have written books based on material stolen on by me. I've seen three books now which use the material that I wrote, almost word for word, without any aknowledgement that I was the author and owner of the material. It's a long story and I blame a certain website online. I won't go into it here but It really pisses me off to have people MAKE MONEY off of something they stole from me. If that's not bad enough, one of the authors even followed my old blog. I was like, the nerve! LOL I guess he was searching for more info to steal.

    2. What pictures are on my website that don't belong to me? And you are wrong I can and will sue for copyright infrigment. Momma Starr

    3. Show me what pictures you are talking about. Momma Starr

    4. Momma Starr,

      Please don't be upset. I'm just pointing this out. I'm guilty of it as well. Nearly everyone is.

      You posted his picture in this blog entry. Unless you have his permission to post it then it's piracy.

    5. Yes I did and I will remove it when he takes down my book he bootleged. Momma Starr

  2. There is not one picture on my website that does belong to me except the ones used in my labels someone else made those for me and I paid for them. I'm calling the copyright office Monday and we will see what I can and cannot do. Each of my books have a copyright number given to them and I have the copyright Certificate for each one of them. Laws were made for a reason. I'm sorry your stuff got stolen and if you didn't have it Registered with the copyright office then I'm sure you couldnt do anything, that is not the case with my writings. They are ALL copyrighted. Momma Starr

    1. I wasn't referring to your website. I am referring to this blog. On a couple of occasions you have taken pics off of the web, pics that don't belong to you, and have posted them. You even got mad at another person when they stole one of your pics. That's all I'm saying. Hands olive branch...peace :)

  3. @Doc Conjure. Doc I have been through my whole website, I've checked every link and the only pictures I see that I didn't take or pay for the label to be made is the picture of the Bible that is animated. Everything else I either took with my camera or paid for it as a label. I don't take other folk's stuff because I have no need too and I can't stand for someone to steal from me period! He just needs to take my book down asap. The more I stew about it the madder I will get. Just take the damn book down thats all he has to do or I will turn him and anyone else who steals my copyright into the copyright office. Momma Starr

    1. Momma Starr, I wrote in the comment above I was not talking about your website. I'm talking about this blog. On a couple of occassions you have posted pictures that belong to someone else. Unless you have permission to do so then it's stealing, a.k.a. piracy. You did it in this blog by using that guy's picture.

      You know I love you Momma Starr. Don't sweat it. I've been a victim of it and I know lots of other people have been too. Do what you need to do to take care of the matter but don't let it burn your head up.

  4. I'm gonna say this then I am not going to sy any more. If anyone needs my book bad enough to steal it then please let me know and I will just give you a copy. That's the safest way to go about it. Momma Starr

  5. I can only imagine your anger.
    There is an option at the bottom of the download area where you can report him.
    Actually they are 2 separate individuals, so just report it with your proof of authorship.
    Because it is still up and will just keep spreading if you let more days go by.
    Hope this helps.

    1. Thank you, it's ok it is being taken care of. I have a wonderful Lawyer working on it. Momma Starr

  6. Dear Momma Starr,
    I back you 100%. People should not be stealing your intellectual property. I personally feel, stealing someone's ideas is far worse than stealing their property. Most crooks are lazy and don't want to bother with the hard work of writing books. I say go after the theif - full force.

    Best wishes,

    1. Thank you. The sad thing is that some folks don't see anything wrong with it. Folks think there is nothing that can be done about it. Momma Starr

  7. I'm so sorry about your stuff getting stolen. I absolutely love your books. I hope you've gotten somewhere on this by now(I"ve been busy as of late and missed some of your posts and others that I'm catching up on now so sorry this is late.)

    1. Oh yes they were taken down asap with proof of copyright. Momma Starr

    2. I'm glad to hear it was taken down.

  8. It was 2 of my "whole" books not just pictures but the whole books.