Realism Has Been Eaten by Your Girlfriend's Vagina

Realism Has Been Eaten by Your Girlfriend's Vagina

Suddenly, airplanes were flying out of your beer. All of the rats fornicating in your walls are reciting extraterrestrial poetry at you. Your dreams are becoming your new reality. Your penis is now your new pen. Your imagination is becoming a new universe, and suddenly there are nearly 7,000,000,000 universes on the planet Earth – each one a different human mind.

Copyright 2014 by Wolf Larsen

By the way, in the United States, unless you plunked down your $35 and formally registered the copyright, since the United States signed the Berne Convention, it's actually against the law for you to slap a copyright statement on it. That now is only for works actually formally copyrighted.

sr71plt said:

By the way, in the United States, unless you plunked down your $35 and formally registered the copyright, since the United States signed the Berne Convention, it's actually against the law for you to slap a copyright statement on it. That now is only for works actually formally copyrighted.

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Does that mean that this site is breaking the law every time they put the copyright symbol next to the author's name on a story?

DirtyAllie said:

Does that mean that this site is breaking the law every time they put the copyright symbol next to the author's name on a story?

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Yep. But this site doesn't seem to know a whole lot about copyright--especially their own responsibility not to leave copyrighted material on their forum. People here moan and grown about other sites stealing their material, but material is constantly stolen and posted on this forum as well, and few people, including the Web site owners, seem to care much.

That said, I didn't realize that the Web site put a copyright symbol by anyone's name (which undoubtedly isn't the name the story is copyrighted in even if they did copyright it). I'll have to go look to see if that's true.

sr71plt said:

Yep. But this site doesn't seem to know a whole lot about copyright--especially their own responsibility not to leave copyrighted material on their forum. People here moan and grown about other sites stealing their material, but material is constantly stolen and posted on this forum as well, and few people, including the Web site owners, seem to care much.

That said, I didn't realize that the Web site put a copyright symbol by anyone's name (which undoubtedly isn't the name the story is copyrighted in even if they did copyright it). I'll have to go look to see if that's true.

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I just went down the new story list. Checked the first dozen they all have it. Its right next to author name under the title.

Here is one of yours

http://www.literotica.com/s/3-for-poe

I am thinking this is a "law" in the sense that you're not supposed to pull the tag off a mattress as in who is really going to enforce it, but you would think someone running a story site would be aware of it.

Then again it would not be the first 'game' I've seen here. I notice a lot of "pssst we say this, but..."

None of my business if they want to risk trouble down the line I just like to read stories and ghost the boards sometimes.

DirtyAllie said:

I just went down the new story list. Checked the first dozen they all have it. Its right next to author name under the title.

Here is one of yours

http://www.literotica.com/s/3-for-poe

I am thinking this is a "law" in the sense that you're not supposed to pull the tag off a mattress as in who is really going to enforce it, but you would think someone running a story site would be aware of it.

Then again it would not be the first 'game' I've seen here. I notice a lot of "pssst we say this, but..."

None of my business if they want to risk trouble down the line I just like to read stories and ghost the boards sometimes.

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Yes, I checked and saw that the symbols are there. They are meaningless, though, beyond no longer being legal, if you don't have a formal copyright. In the States, if you can't produce a formal copyright, you're not getting a court date, so any real redress is pie in the sky (and at your own expense).

You don't have to know anything about publishing to open up a story Web site, so assumptions that those who do so know the game are probably worth as much as slapping that copyright symbol on something you haven't formally registered (in the United States--the UK doesn't have formal registration).

I have spoken, recently and briefly, with a lawyer regarding copyright law. I also have spoken at length with my stepfather regarding copyright law, extensively. He too was a lawyer but died 20 years ago.

Any regulatory body may provide copyright rights. It is not solely the market of the US government to hand out copyright privileges.

The problem most people have is that they think a regulatory body must enforce and police copyright infringement.

That is not the case. There is no way humanly possible for a person or group of individuals to know all things copyrighted and thus exclude possible violations.
it is up to the individual to bring civil charges against someone they suspect is in violation of their copyright rights.

sr71plt said:

Yes, I checked and saw that the symbols are there. They are meaningless, though, beyond no longer being legal, if you don't have a formal copyright. In the States, if you can't produce a formal copyright, you're not getting a court date, so any real redress is pie in the sky (and at your own expense).

You don't have to know anything about publishing to open up a story Web site, so assumptions that those who do so know the game are probably worth as much as slapping that copyright symbol on something you haven't formally registered (in the United States--the UK doesn't have formal registration).

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Maybe not know anything about publishing, but maybe that pesky thing called....the law?

As I said it's not my ass in the sling on the off chance something was ever made of it.

I have some things published for sale-no erotica, in fact, maybe the opposite, and filed for a copyright for digital material. It's $35 a book (or you can put a series under one)

But I am well aware that if I caught someone stealing it, even with that, I would never see a courtroom. Only hope is when you produce the copyright the offending party gets nervous and deletes whatever they took.

LWulf said:

I have spoken, recently and briefly, with a lawyer regarding copyright law. I also have spoken at length with my stepfather regarding copyright law, extensively. He too was a lawyer but died 20 years ago.

Any regulatory body may provide copyright rights. It is not solely the market of the US government to hand out copyright privileges.

The problem most people have is that they think a regulatory body must enforce and police copyright infringement.

That is not the case. There is no way humanly possible for a person or group of individuals to know all things copyrighted and thus exclude possible violations.
it is up to the individual to bring civil charges against someone they suspect is in violation of their copyright rights.

Click to expand...

Not sure how this fits here. It doesn't take much to discover that the copyright symbol gives no protection in the United States without holding a formal copyright--or that, since the United States signed the Berne Convention, you weren't supposed to use the copyright symbol without holding a formal copyright.

And it also doesn't take much to discover that publishers who violate someone's copyright by republishing the material without permission are held equally responsible in law to the author they publish who has violated a copyright. Thus every time Literotica leaves a copyrighted image or news report on a forum post, Literotica is violating that copyright in equal proportion to whoever posted it on the forum to begin with.

Lit. posters seem to understand that in relationship to their stories being stolen from here and posted to an Web site, but they don't seem to understand--or care--when Literotica is doing the same thing and/or permitting it to be done.

US Copyright.gov FAQ

FAQ 5: 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.”

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Circular 1 US Copyright office.gov PDF

Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights
through the author can rightfully claim copyright.

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Mandatory Deposit for Works Published in the United States
Although a copyright registration is not required, the Copyright Act establishes a mandatory deposit requirement for works published in the United States. See the definition of “publication” on page 3. In general, the owner of copyright or the owner of the exclusive right of publication in the work
has a legal obligation to deposit in the Copyright Office, within three months of publication in the United States, two copies (or in the case of sound recordings, two phonorecords) for the use of the Library of Congress. Failure to make the deposit can result in fines and other penalties but does not affect copyright protection...

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I am entitled to reprint the above as defined by Fair Use:

wiki said:

Fair use is a doctrine that permits limited use of copyrighted material without acquiring permission from the rights holders.
...

17 U.S.C. § 107

Notwithstanding the provisions of sections 17 U.S.C. § 106 and 17 U.S.C. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.

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You were able to repost what you did from the U.S. government's copyright office Web page because U.S. government material can't be copyrighted. It belongs to everyone.

Rots of ruck to anyone trying to go to court to try to use Fair Use on postings to a porno Web site.

sr71plt said:

Not sure how this fits here. It doesn't take much to discover that the copyright symbol gives no protection in the United States without holding a formal copyright--or that, since the United States signed the Berne Convention, you weren't supposed to use the copyright symbol without holding a formal copyright.

And it also doesn't take much to discover that publishers who violate someone's copyright by republishing the material without permission are held equally responsible in law to the author they publish who has violated a copyright. Thus every time Literotica leaves a copyrighted image or news report on a forum post, Literotica is violating that copyright in equal proportion to whoever posted it on the forum to begin with.

Lit. posters seem to understand that in relationship to their stories being stolen from here and posted to an Web site, but they don't seem to understand--or care--when Literotica is doing the same thing and/or permitting it to be done.

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First, the Berne Convention was ratified by the US government back in 1988, not within the last 2 or 5 years.
Second, though France has been part of the Berne Convention since it's inception, France has been thumbing it's nose at recognizing foreign claims as preceding any created in France thereafter. Right there, France isn't honoring the Berne Convention. So, claiming someone doesn't abide by the Berne Convention isn't new. Getting a court to set a precedent supporting a claim using the Berne Convention would be an uphill battle, BUT completely legitimate IF someone has the time and (mostly) money to support legal pursuit of that action.

The trouble that everyone thinks is that legal action is automatic. The individual has to apply and sue to enforce their rights.

The © simply designates that something has copyright protection. That is why I posted

LWulf said:

Who Can Claim Copyright?
Copyright protection subsists from the time the work is created in fixed form...

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ANY regulatory body can institute copyright protection. When something is created in "fixed form" like on this website, then it is copyright protected. Whether the © is used or not is immaterial. Displaying it thus is just out of courtesy to the ignorant who might try to break copyright protection by plagiarizing someone else's work.

To make a claim and go to court to, you have to register with the US copyright office and pay $35. BUT they will support and recognize a posting date for your copyrighted work here. Technically speaking, everyone's work here should have a posting date (year typically) next to the ©, yet go to their profile page and you can see when their work was posted. It's a little indirect and this MAY be a loophole that will allow some wiggle room for someone to try to make a weasel claim that their right supersedes the proper copyright holder.

sr71plt said:

You were able to repost what you did from the U.S. government's copyright office Web page because U.S. government material can't be copyrighted. It belongs to everyone.

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I find it's always safe to CYA.

That has been recently been going through arbitration. The reason is, nobody has ever thought to try to weasel a copyright claim from under a government until now. This is going through (slow, meticulous) review with the courts and copyright office. They want to set a precedent but they don't want to make the precedent to be false. Otherwise, I could claim copyright to The Declaration of Independence and thereafter state anybody who uses it is breaking my copyright rights.

Patent and copyright law has been going through reform recently (within the last 15 to 20 years) because of people trying to do just this. The patent office had set a precedent about 10 years ago by stating that while someone is employed at a company, if they invent something during their employment, even if that is what they are hired to do, they, and not the company, are entitled to patent protection and all applicable rights forthwith. A person doesn't give up those rights simply because they were employed and the employer doesn't gain the right simply because they were paying someone to invent something.

This applies to anything someone creates something while employed by the government too.

The mills of the gods grind exceedingly fine, but exceedingly slow.

sr71plt said:

Not sure how this fits here. It doesn't take much to discover that the copyright symbol gives no protection in the United States without holding a formal copyright--or that, since the United States signed the Berne Convention, you weren't supposed to use the copyright symbol without holding a formal copyright.

And it also doesn't take much to discover that publishers who violate someone's copyright by republishing the material without permission are held equally responsible in law to the author they publish who has violated a copyright. Thus every time Literotica leaves a copyrighted image or news report on a forum post, Literotica is violating that copyright in equal proportion to whoever posted it on the forum to begin with.

Lit. posters seem to understand that in relationship to their stories being stolen from here and posted to an Web site, but they don't seem to understand--or care--when Literotica is doing the same thing and/or permitting it to be done.

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There seems to be a miasma of confusion here. Firstly, international copyright laws are enforceable under US jurisdiction, as J K Rowling has proved in court under UK copyright laws. Lauren battles hard. I don't see the site accepting plagiarised erotic stories.

Ogg always posts a legal UK declaration that protects his copyright but understands, like most of us, that stealing free stories is not worth a court case.

'Hotwiring', which Lit tolerates, is not a breach of copyright as Google has successfully claimed in court.

I would challenge you, sr, to give positive evidence that Lit is ever knowingly breaching copyright on stories.

You're right, Elfin. You are as thoroughly confused about this as you about nearly everything else.