Copyrighting

[Takolot]

Every story now appears to have a copyright symbol. Perhaps I was to unobservant, but I never noticed that every story was copyrighted years ago.
I have at least eight stories that I am still working on. Should I get them copyrighted before submitting to this site? Often stories posted here do not exceed 4 webpages. That seems like a lot of time and money to copyright an word documents that are only eighteen pages.

 

[Hypoxia]

You'll get real answers on the Author's Hangout forum.

 

[about__aveage]

https://www.copyright.gov/help/faq/faq-general.html#mywork

 

[oggbashan]

This topic has been discussed many times on the Authors' Hangout.

The simple answer is that IF you want to protect your copyright in the US you have to register the work AND PAY FOR THE REGISTRATION.

Outside the US your copyright is usually protected by the terms of the Berne Convention from the time you create it.

BUT - in practice, whatever you do, unless you have unlimited funds and a team of lawyers you CANNOT protect your copyright once you have posted something on the internet including on Literotica. IT WILL BE STOLEN.

You have no redress except by issuing a DMCA notice:

http://www.dmca.com/FAQ/What-is-a-DMCA-Takedown

If the website ignores your DMCA notice, as many will particularly if the host is in SE Asia, there is nothing you can do.

Even if you have unlimited money and a team of lawyers there are many places in the world that just don't care about copyright. You still can't win.

Even if someone steals your story and posts it elsewhere as a paid-for story the website will make you jump through several hoops to prove that it IS your story.

Welcome to the Wild West of the internet.

 

[JohnnySavage]

This topic has been discussed many times on the Authors' Hangout.

The simple answer is that IF you want to protect your copyright in the US you have to register the work AND PAY FOR THE REGISTRATION.

...

Nonsense.

Any original work is automatically copyrighted in the US as soon as it's created. Registration merely establishes a date of first publication in the event of a dispute, and provides certain statutory damages (as opposed to common law damages for unauthorized use of non-registered works)

 

[oggbashan]

Nonsense.

Any original work is automatically copyrighted in the US as soon as it's created. Registration merely establishes a date of first publication in the event of a dispute, and provides certain statutory damages (as opposed to common law damages for unauthorized use of non-registered works)

Sorry. What you say is technically true. The US government by intention did not implement the full provisions of the Berne Convention. That means UNLESS you register it your automatic copyright has no effect whatever.

Any dispute about a work which has not been registered would not be considered by any US court.

Even if it has been registered your redress against most story thieves is useless. You have to identify them and bring them to court and then sue - if they have any assets. Your costs would be massive. The redress? Minimal.

Ask Disney Corporation or any movie company about illegal copying of their movies. They have the money and the lawyers but all they can do is issue threats. If the copier is outside the US? They can't do anything.

 

[MagnusRichard]

Nonsense.

Any original work is automatically copyrighted in the US as soon as it's created. Registration merely establishes a date of first publication in the event of a dispute, and provides certain statutory damages (as opposed to common law damages for unauthorized use of non-registered works)

How would a Literotica Author publishing under a fake name establish ownership?

 

[oggbashan]

How would a Literotica Author publishing under a fake name establish ownership?

He/She can establish priority by referring to the Lit publication date. But if you want to issue a DMCA notice you have to do it from your real name and address.

 

[pointless]

Nonsense.

Any original work is automatically copyrighted in the US as soon as it's created. Registration merely establishes a date of first publication in the event of a dispute, and provides certain statutory damages (as opposed to common law damages for unauthorized use of non-registered works)

this is just adorable.

 

[Liar]

How would a Literotica Author publishing under a fake name establish ownership?

Same way anyone writing anythng under a pseudonym or artist name would, I guess? It's not that tricky. There are established ways.

The real question is, why would a Literotica Author writing smut for free on the Internet bother?

 

[MagnusRichard]

Same way anyone writing anythng under a pseudonym or artist name would, I guess? It's not that tricky. There are established ways.

If Literotica has your real name and address for example?




Does Literotica.com own everything posted and published on the site?

All contents © Copyright literotica.com.
No part may be reproduced in any form without explicit written permission.

 

[Liar]

If Literotica has your real name and address for example?

Why would they need it? I don't register the copyright with Literotica just because that's the website it was published on.

Does Literotica.com own everything posted and published on the site?

That's probably for the framework, graphics and Literotica's own editorial content. Don't think there was anything in the EULA when I signed up that I would give up the copyright to anything. And I don't think a site like this would want to own the copyright anyway. Cause that would make them responsible for any and all infringments by it's hundreds of contributors. And that sounds like a pain in the arse without any real upside. Better choice is to be a DMCA Safe Harbor.

But eh, ask Laurel.

 

[MagnusRichard]

Oh, so you can just contact Amazon.com and say:

"Hi, I'm Liar from Lit, and John Smith is selling my incest stories as his. Give me the money, thanks."

 

[oggbashan]

Does Literotica.com own everything posted and published on the site?

You give Literotica non-exclusive permission to publish your work on the site. It does not give them any other rights, nor does it infringe your rights to publish elsewhere.

But if your work is available free on Literotica most pay for view sites will insist you delete it from Literotica before they will accept it.

From the submission guidelines:

By submitting a story to Literotica, you certify the following stipulations to be true:

You are the sole creator of the submission;
You are 18 years of age or older and legally able to write, submit and read erotic or pornographic material;
You grant Literotica the right to publish your submission as received by Literotica.com.
You grant Literotica the right to use all legal means available to protect your published work from unauthorized use by other parties.


The last part is meaningless. Literotica has no powers to protect your work from unauthorised work.

 

[MNGuy]

Bah, what I wrote for Lit isn't worth time and effort to copyright or enforce my copyright.

 

[oggbashan]

Bah, what I wrote for Lit isn't worth time and effort to copyright or enforce my copyright.

And money. Don't forget the money.

What damages would a court award for something you published on a free site? What financial loss have you suffered?

 

[MNGuy]

And money. Don't forget the money.

What damages would a court award for something you published on a free site? What financial loss have you suffered?

Money? Forgot about that. Doh, I see what you did there.

 

[Takolot]

Is it possible that everyone is now putting the copyright symbol on their work, and it may not actually be copyrighted?
I'm asking because I'm getting close to submitting stories and wondering what I should do.

 

[MagnusRichard]

You give Literotica non-exclusive permission to publish your work on the site. It does not give them any other rights, nor does it infringe your rights to publish elsewhere.

But if your work is available free on Literotica most pay for view sites will insist you delete it from Literotica before they will accept it.

From the submission guidelines:

By submitting a story to Literotica, you certify the following stipulations to be true:

You are the sole creator of the submission;
You are 18 years of age or older and legally able to write, submit and read erotic or pornographic material;
You grant Literotica the right to publish your submission as received by Literotica.com.
You grant Literotica the right to use all legal means available to protect your published work from unauthorized use by other parties.


The last part is meaningless. Literotica has no powers to protect your work from unauthorised work.

The last part can be better done, yes?

A two tiered system might be good. The second tier could be better protected and monetized for site and author, for example.

 

[pointless]

Is it possible that everyone is now putting the copyright symbol on their work, and it may not actually be copyrighted?
I'm asking because I'm getting close to submitting stories and wondering what I should do.

you could try getting the fuck over it.

 

[Unabatable]

Is it possible that everyone is now putting the copyright symbol on their work, and it may not actually be copyrighted?
I'm asking because I'm getting close to submitting stories and wondering what I should do.

You naturally own the copyright for EVERYTHING you author, unless:

- you wrote under the hire of some other person/entity - it then is theirs to do with as they wish.

- you've sold your copyright to another person/entity - it then is theirs to do with as they wish.

That's it: you don't have to register it, which you organically did when YOU WROTE IT. Now, protecting your copyright, depending on if and who you choose to defend it against, can obviously mean an intimidating amount of $ and effort for possible years of litigation. But, that's how the game is played and if you don't care to play it that way...stay home.

As far as literotica.com goes: you still own the copyright to YOUR WORK under the same two immutable stipulations above if you publish on this site, meaning, you can do whatever the heck you want with YOUR WORK elsewhere/otherwise, too.

One point to be aware of though, is that literotica.com copyrights all content on this site as theirs, which seems to me somehow gives them the right to republish your work in another/other forms than this site, and even make $ doing so without compensating you at all.

Alas, a great rule of thumb is: DO NOT PUBLISH ANYTHING ON THE INTERNET that is so dear to you that you're not willing to do/spend whatever it takes to protect your copyright through possibly years of litigation. Because, once on the Internet, someone else will most definitely lift it, eventually.

You understand what free and open source software (FOSS) is? That's the mindset I advise adopting if you're determined to publish on the 'net.

 

[oggbashan]

Is it possible that everyone is now putting the copyright symbol on their work, and it may not actually be copyrighted?
I'm asking because I'm getting close to submitting stories and wondering what I should do.

The copyright symbol only means that the Berne Convention applies. As I have said above that is useless in the United States.

But I have also said that even if you do go through the US formal copyright system you have no redress if someone steals your story.

If you are seriously worried about protecting your copyright? Do not post your work anywhere on the internet, not on a free site such as Literotica, nor on a paid site. You have NO effective protection once your work is online.

Just look at some of the picture threads in the General Board and in Fetish and Sexuality Central. Even if the picture is hotlinked not directly posted, all you need to do is right click and save. For a story - highlight, right click and save and your story has been stolen.

 

[oggbashan]

...

One point to be aware of though, is that literotica.com copyrights all content on this site as theirs, which seems to me somehow gives them the right to republish your work in another/other forms than this site, and even make $ doing so without compensating you at all.

Alas, a great rule of thumb is: DO NOT PUBLISH ANYTHING ON THE INTERNET that is so dear to you that you're not willing to do/spend whatever it takes to protect your copyright through possibly years of litigation. Because, once on the Internet, someone else will most definitely lift it, eventually.

You understand what free and open source software (FOSS) is? That's the mindset I advise adopting if you're determined to publish on the 'net.

Sorry, Eeyore, in a reasonable post you have made a mistake in an assumption. I have bolded it.

Authors have granted Literotica non-exclusive permission to post here and nowhere else. We have given them that and nothing else. If they want to publish stories in a Literotica book, which has been done, then the authors have to extend therr consent specifically to cover that use too.

But once a story is here? Despite the Berne Convention, despite Literotica's copyright symbol, despite registering copyright in the US - anyone can steal it and there is no effective remedy. You are right. Don't publish on the internet unless you are willing to give your story away.

 

[LiFeNdEaTh]

new style i guess

 

[oggbashan]

The last part can be better done, yes?

A two tiered system might be good. The second tier could be better protected and monetized for site and author, for example.

A two tier system would be just as useless in protecting copyright. Even big corporations such as Disney cannot stop their work being stolen.