Intellectual Property Law

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Times of India published AND printed an answer I wrote on…

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Times of India published AND...
Times of India published AND printed an answer I wrote on Quora, without permission. Quora policy does my seem to cover them for print and distribution with no permission. They also changed the question, which misled the readers to feel it was a racist answer, rather than an answer based on a specific question.
I'm in the U.S., but they claim to follow international copywriter and plagiarism laws. I'm already in contact with them and they piously claim to be beyond reproach.
Do I have any legal recourse to have them 1-print a retraction and an apology and properly present btgecquestion and answer 2-pay for the work they printed and distributed without permission?
Submitted: 2 years ago.Category: Intellectual Property Law
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Answered in 21 minutes by:
2/23/2016
IP Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Intellectual Property Law
Satisfied Customers: 103,550
Experience: Licensed attorney in private practice.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Quora contributors retain ownership over content they contribute, but, someone in your situation will likely not be able to get a retraction. Or rather, it may not be practical. Allow me to explain why.

1) Despite what some people say, there is no international copyright law. There is copyright laws in each country, and then treaties and agreements between multiple countries to recognize and give credit and enforce copyright laws of each partner country. India and USA do have a copyright agreement to recognize and enforce each other's copyright, but -

2) The problem is India's legal system. You can sue in USA and then try to enforce the judgment as foreign judgment in India. OR, you can sue in India directly. Either way, India's legal system is notoriously slow and overwhelmed. It would literally take years and thousands of dollars to enforce this. Ergo, pursuing this in Court is not or may not be a practical step to take.

3) Someone in your situation can write a letter threatening to sue - or have a local Indian attorney do so - and perhaps the newspaper will be scared enough to retract this.

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IP Lawyer: Ely, Counselor at Law replied 2 years ago
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!
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Category: Intellectual Property Law
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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