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Breaches of copyright and people charging for copies of other people's resources

Discussion in 'Tes Authors' Group' started by rosaespanola, Oct 11, 2018.

  1. rosaespanola

    rosaespanola New commenter

    I'm astounded and very disappointed by the number of times I and other teachers I know have found exact copies of resources we've made available for free on TES being sold by other people. I know TES will take them down if you report them, but do they make the person refund the money they've made from it? Or take any action to prevent them from doing this in future? I've just found yet another copy for sale of a resource I'd uploaded a couple of years previously, and all it has is a few questions on a powerpoint, some song lyrics, a link to a video with a transcript that I wrote (with a disclaimer that I might not have heard it correctly!) but the person is charging 4 quid for it! Plus it's a clear breach of copyright for the lyrics and video. I've reported it, but how many more are out there? I've uploaded hundreds of resources, I can't go through all of them checking to see if they've been copied.
    I took part in the initial trial of paid resources on TES and was put off uploading any more chargeable resources, partly because I would rather everyone shared their resources freely, but also because it was incredibly onerous having to meet the copyright demands that TES (rightly) made which hugely restricted the pictures that could be included, ideas that could be used, etc. It seems that now though, nobody at TES actually looks at the chargeable resources to make sure they aren't breaching copyright - I've seen numerous resources which include video clips, pictures, song lyrics and all kinds of things which will be under copyright.
    TES really needs to sort out this issue - as far as I can tell, there are fewer and fewer free resources being added, and so many of them seem to breach copyright. It's a very sad state of affairs when teachers spending their own money on resources that are not even original and may be available for free elsewhere. I know there are lots of good resources for sale on TES, that people have spent large amounts of time on and are thoroughly worth the money the author is charging, but it's looking more and more difficult to weed them out of the rest of the rubbish people are selling.
    Dodros, kghaye and mathsmutt like this.
  2. dunnocks

    dunnocks Star commenter


    Thank you

    for your free resources, everybody, without which I wouldn't be a functioning teacher...

    secondly, it sounds like fraud, can you report it to the police?
    Dodros, MosaiK, mathsmutt and 2 others like this.
  3. newromantic

    newromantic Occasional commenter

    I’ve noticed that some resources which definitely breach copyright (images of famous people, published book covers, song lyrics) on the cover pages have been selected as a “tes recommended” resource. Not impressed.
  4. blowswind

    blowswind Occasional commenter

    This may change things:

    Article 13 is part of European copyright legislation created with the intent to better protect creativity and find effective ways for copyright holders to protect their content online.


    1. What changes with Article 13?
      • The proposed version of Article 13 would eliminate the existing notice-and-takedown system currently in place to protect rightsholders and platforms. This would make platforms such as YouTube, Facebook, Instagram, Soundcloud, Dailymotion, Reddit and Snapchat liable - at the moment of upload - for any copyright infringement in uploads from users, creators and artists.
      • This in turn would mean that platforms including YouTube would be forced to block the vast majority of uploads from Europe and views in Europe for content uploaded elsewhere given the uncertainty and complexity of copyright ownership.

    Platforms like TES would finally have a clear responsibility to stop their users from breaching copyright...
    mathsmutt likes this.
  5. JosieWhitehead

    JosieWhitehead Star commenter

    I do state clearly at the end of the poems I've written that there is copyright on all my work. I give it freely to the teachers of the world, not for others to use it to make money for themselves without my permission.
  6. vcurrie19

    vcurrie19 New commenter

    Can someone explain this to me? If it has been covered in another thread, then I apologize!
    I recently contacted TES Helpdesk as I spotted a free resource, but then saw it in the SAME user's shop for £1. I linked the free resource as well as the paid-for resource, in hopes that they'd remove the one priced at £1. They replied, saying they'd removed the infringement, but turns out they've removed the free version, and the paid-for version is still up: https://www.tes.com/teaching-resource/australia-a-language-across-the-curriculum-theme-10001530
    Their response when I told them this was that they've removed the free one, and let the author know?
    Is this normal?? Anyone have any insight into this?

    Attached Files:

  7. vcurrie19

    vcurrie19 New commenter

    Update: Received a response from TES, stating "my manager told me to remove the free one", with no explanation as to why it was the free (original) resource removed and not the paid-for resource (the violation). This leads me to think that TES value the money coming in, as opposed to doing the right thing, which would be to remove the paid-for resource. Beyond frustrated is an understatement.
  8. TheGingerTeacher

    TheGingerTeacher Established commenter Forum guide and community helper

    If both were created by the same author why would they be in violation?
    mathsmutt likes this.
  9. vcurrie19

    vcurrie19 New commenter

    After reading the fine-print I've realized I've made the mistake!! Ah, now I feel awful. No issues, just me misreading and going off the deep end :oops:
    MosaiK likes this.
  10. planmylesson

    planmylesson New commenter

    What's more concerning is that TES penalised the author for breeching copyright law when all they did was upload their own material in two formats. If true, this is really bad from TES to remove without validating the complaint.
  11. vcurrie19

    vcurrie19 New commenter

    Luckily they didn't penalize anyone; only informed the author of the fact that there were two resources up!
  12. nwilkin

    nwilkin Occasional commenter

    How do you know the free one was not a shortened version of the full one? That is perfectly allowable.

    They have been penalised if they have lost any nice reviews they may have had and their number of views and downloads would be reduced. It should have been investigated properly and not just removed on the say so of somebody else.
    mathsmutt and TheGingerTeacher like this.
  13. MissEHoney

    MissEHoney New commenter

    Those copyright demands apply for free resources as well as paid for ones.
  14. nwilkin

    nwilkin Occasional commenter

    I agree and am more than a little surprised that people think copyright does not apply if it is a free resource.
    MosaiK and mathsmutt like this.
  15. MosaiK

    MosaiK Occasional commenter

    Personally I feel strongly about the fact that resources which are in clear breech of copyright laws and TES rules are often in direct competition with my own resources. I spend much time researching images which do not infringe on copyright. I fully understand and agree that it is our responsibility as authors to respect copyright and only publish for free or for a price what does not break copyright laws.
    The part I don't understand is :confused:, where do TES stand legally, when they benefit financially from all sales of fraud resources o_O, yet do not actively seek out such resources for removal :oops: ... and expect their members to report copyright-infringement instead? (I must say though that so far they have acted swiftly when I have reported a resource.)
    englbee, mathsmutt and vcurrie19 like this.

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