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Make Magazine: Copyright infringement? Or just bad manners? Answered

I just got my copy of Make magazine through the door, issue 11.

I had a quick flick through, and I saw something remarkably familiar on page 141 - a spherical speaker array based on a pair of red Ikea salad bowls. Just like this Instructable, posted here over four months ago and a finalist in the laser-cutter contest. In fact, it's the same thing.

Is there any mention of Instructables? Not a jot. I'm assuming that the author of the article, Michael F. Zbyyszynski, is our own mzed, but wouldn't it have been nice to mention that the make isn't a Make magazine original? That we had it first?

I'm not getting at mzed here, I place the blame firmly on the editors of Make.

But, without shelling out for eight back copies of Make, how many other articles in Make have been lifted directly from this site, without credit to the site?

Comments

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canida
canida

13 years ago

The project's author owns the copyright on the project, and can license or sublicense it to whomever they please. (This is in addition to the default license included in the Instructable.) Instructables does not maintain any sort of exclusive hold- in fact, we encourage our authors to get their projects out to a wider audience.

While of course we'd love to have a mention or a link back to Instructables where possible, that's again up to the authors. If someone asks to republish your project, you're definitely within your rights to request (or require) them to mention or link back to Instructables, or your page on Instructables- it's simply a question of how you want the attribution handled, and most sites are happy to comply. The problem comes in if you ask and they don't comply- then they're not abiding by the terms of your agreement.

In this case, I presume mzed simply didn't request a link back, so no worries.

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Kiteman
Kiteman

Reply 13 years ago

Still, it would have been nice...

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gmoon
gmoon

13 years ago

Given the obvious close ties between Make and instructables.com, I've assumed for some time that both are parts of a single larger business venture.

I've no real evidence of this, however. The folks here at instructables might be able to shed some light on this.

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fungus amungus
fungus amungus

Reply 13 years ago

More like friendly relations. The two are not directly related, but are both part of the same community.

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gmoon
gmoon

Reply 13 years ago

That's enlightening, thanks.

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lemonie
lemonie

13 years ago

If the work belongs to Michael F. Zbyyszynski surely he can publish it wherever he likes without acknowledegment? The licence doesn't seem to contradict this. L

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zachninme
zachninme

13 years ago

Just by showing it, even if it was given a link, is infringement. The licence on the instructable is "by-nc-sa", so they can't use it commercially. Who's hiring the lawyer!

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Tool Using Animal
Tool Using Animal

13 years ago

mzed is zbyyszynski. I don't think there's any blame here, I'll admit I've not read the TOS recently, but I don't think we grant exclusive rights to instructables (if we do, that'sbad). I get asked occasionally by bloggers if they can use my material, I almost always say yes, as long as it's attributed to me and links to the original. But asking them to link to the original is my choice.

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Kiteman
Kiteman

Reply 13 years ago

We don't grant rights, but the most likely way Make found out about the project is if they read it here. Leaving that fact out seems, for want of a better word, ungrateful.

Let me explain:

Instructables has given me a lot - inspiration, encouragement, ideas and an audience. If it wasn't for this site, my shed would be an entirely unknown place. Thanks to this site, some of my projects have been read by thousands of people and copied all around the planet.

So, if one of my projects was picked up by the media - press or TV say - I would do my best to make sure they credited not just me as creator, but the site as enabler. It seems only fair to do so.

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ll.13
ll.13

13 years ago

I think they do have a link with Instructables, they do take Instructables to feature on their website, but that's about all I know....