If an artist adapted your story into a comic without your consent, how'd you feel?

[John__1337]

Considering he credited you and the comic is put up online for free. Would you be happy or pissed?

 

[QuillPig]

First, I'd be angry that the artist didn't ask me.

Then, I'd read the comic.

If the comic was good, I'd feel flattered.

If it seemed like the artist truly wasn't making any money, then I'd stop being angry.

I might send the artist a note saying I liked their work, but I'd have preferred if they'd asked me first. Maybe I'd ask them if they'd be interested in doing artwork for another one of my works, to be posted here at Lit in the Illustrated section.

If the comic was bad, I'd continue being angry, and I'd probably send the artist a different kind of note.

 

[Javahead]

Surprised. Very, very surprised.

Was this a hypothetical question, or something that actually happened to you?

 

[ChloeTzang]

Flattered that I’d inspired someone to that extent.

 

[KeithD]

Is this a story you posted to Literotica? If I'd posted my story for free on an open Internet site, I wouldn't really have any more realistic expectation than to be flattered the material had been used. Copyright or no, legally I valued it as worth zero and dropped it into the public domain.

 

[oggbashan]

Is this a story you posted to Literotica? If I'd posted my story for free on an open Internet site, I wouldn't really have any more realistic expectation than to be flattered the material had been used. Copyright or no, legally I valued it as worth zero and dropped it into the public domain.

Ditto.

My stories have been translated into several languages but only one translator asked first.

 

[HeyAll]

I'd be happy that I'm credited. It's free promotion.

(Note: reminds me of what the author of Poor Dad, Rich Dad said when told that his books were being pirated or whatever... he said he didn't care because it was free promotion)

I wouldn't be angry. The truth is, as we all know, a lot of work (music, books, movies, erotica) are inspired by something else.

I have also done that, and if the content is close enough, I give credit.

I'm working on something that's based on Bruce Morgan's The Schoolteacher. There are big differences, namely that my version is a Detective. I have no way of contacting this person, but I'll still give credit in hopes that my readers will discovery his work.

 

[ChuckWolf]

I'd be cool with it and would reach out to the artist and let him/her know that I'm cool with it.

If the comic was mildly successful, I'd reach out and tell the artist that every once in awhile, he/she should throw some $ my way. Doesn't have to be a lot.

If the comic reached 50 Shades Of Grey level success, than I'd let the artist know that we need to work this out and that (personally), I'd be cool with an 80/20 % split (with me getting the 20%).

A small enough percentage, that the artist wouldn't feel cornered and try to fight me off with lawyers.

Sequential (comics) artist tend to be flaky, so you really need to be careful how you interact with them.

 

[KeithD]

Sequential (comics) artist tend to be flaky, so you really need to be careful how you interact with them.

Yes, which presents the problem of how they would pay you if they threw something in your direction. I was faced with this early in my erotica writing when given the opportunity to put it into the marketplace. I already was an established (no, not for megabucks) novelist in the mainstream and held security clearances. I couldn't be connected in real life with publishing GM erotica. It took a long time to establish safe channels that could involve money exchange. Anyone contemplating this best give it a real good thought.

Initially, I just let the works go with the publisher taking all the profit, such as it was (eXcessica publishing) and then I took remuneration in services I didn't want to be connected paying for myself (the seed story file for the Gaydemon Web site, paid for in video subscriptions). I eventually worked out cut-out arrangements for payment from publishers, but it took a lot of doing.

 

[Paul_Chance]

Initially I'd be flattered. If they converted it to a paying platform, I'd reach out and use a standard royalty contract (e.g. "Art By Jane Doe, Story by Paul Chance.").

Depending on what kind of sales they were generating would dictate my reaction. At the "Shades of Gray" level of success I'd simply call my lawyer and then spend the time necessary to get my fair share and credit.

 

[ChuckWolf]

Yes, which presents the problem of how they would pay you if they threw something in your direction.

Yeah, to be a little more fair, there is a history of comics artists getting ripped off/misled by the writer and/or publisher, often unintentionally.

If an artist illustrates my story and then inks, colors, letters and edits it (or hires others to do so) and then goes to all the trouble to get it printed and/or published digitally (including setting up a payment operation using PayPal or something else), that's a helluva lot of work for them to do without it occurring to them to get MY permission.

Were that to happen, I'd make it clear that I understand and appreciate all the time, effort and $ that they put into it and that, when/if he starts to make a profit beyond his initial costs, just throw a little money my way and we're good and that if it becomes a bigger hit, that's where I'm looking at the 80/20 % scenario and we'd need to get that worked out in legal contracts.

EDIT: I just re-read the OP and had missed the part about it being posted online for free.

 

[KeithD]

Folks posting stories to Literotica need to get straight that this isn't the publishing-for-pay world. You've given your work you post here away for free no matter what discussion you find on here or elsewhere about your copyright rights. You've valued the work at zero by posting it here on a free-read Internet site. I'm not saying you shouldn't do that. You just should get real about what you've done concerning copyright protections. You've effectively given them up. If you don't want to do that, don't post stories for free on an open free-read Internet site.

 

[Bramblethorn]

Considering he credited you and the comic is put up online for free. Would you be happy or pissed?

I'd take it as a clumsily-expressed compliment from somebody who meant well but hadn't learnt the etiquette around such things.

 

[gunhilltrain]

Initially I'd be flattered. If they converted it to a paying platform, I'd reach out and use a standard royalty contract (e.g. "Art By Jane Doe, Story by Paul Chance.").

Depending on what kind of sales they were generating would dictate my reaction. At the "Shades of Gray" level of success I'd simply call my lawyer and then spend the time necessary to get my fair share and credit.

I'd like to get a passing credit for it, but yeah, if there was big money involved I'd like to get a piece of that. The creators could always argue it was changed just enough so that it really wasn't mine, or just claim they had thought of it themselves.

I have a story here based on an old Twilight Zone episode, which I mentioned at the top of the text. I think the copyright is probably held by CBS. Rod Serling's production company was a subsidiary.

I doubt they'd ever find it and even if they did, they probably wouldn't do anything about it. There is another site that is extremely sensitive about such issues and probably would have banned it, assuming that the moderators could recognize where it was from.

 

[Wifetheif]

It happened to me!

Considering he credited you and the comic is put up online for free. Would you be happy or pissed?

Something very similar happened to me. An "amateur porn star" adapted my story "Patent Pending" without my consent or permission. The story is about a scientist who shrinks the wife of his boss to use her as leverage to both get a better contract from the boss and to see to it that he receives the lion's share of the profits from his shrinking device. One of her people wanted to know if I was going to write a sequel or continuation (so they, no doubt, could rip me off a second time). Apparently, the babe in question worked four months on her opus. So far they have not even offered me a free copy of the film they are selling for $39.99!
On the one hand, I'm kind of flattered. My work has been adapted into a film -- the dream of every writer. On the other hand, they offered me not even a token payment and had the gall to ask me for more free material!
Things like this have caused me to rarely post on Lit.com much anymore. Most of my work has migrated to Amazon where I can control my copyright and have legal recourse if anything is stolen. If they had only asked FIRST I would have given them my permission and my blessing, so long as I got an original story credit. It is after all only fair!

 

[YDB95]

If the comic was free, I don't suppose I'd have much business complaining provided that I was credited. If there's a charge, then I'd want a share of the royalties. (I don't know offhand if I'd be legally entitled when the source material was posted on a free site, but I'd want them either way!)

 

[ishtat]

I am open to correction on this but I believe that a once aspiring writer by the name of Shakespeare never had an original plot idea in his life. He pinched the lot from mainly forgotten nobodies.

 

[ElectricBlue]

If the comic was free, I don't suppose I'd have much business complaining provided that I was credited. If there's a charge, then I'd want a share of the royalties. (I don't know offhand if I'd be legally entitled when the source material was posted on a free site, but I'd want them either way!)

You own the copyright, and use of your material without a license to use is breach of that copyright. If someone has commercially gained from their unauthorised use (= theft) you'd have some entitlements under law, I'd have thought. It would cost you to pursue, though, so any royalties would have to be worth chasing.

 

[KeithD]

You own the copyright, and use of your material without a license to use is breach of that copyright. If someone has commercially gained from their unauthorised use (= theft) you'd have some entitlements under law, I'd have thought. It would cost you to pursue, though, so any royalties would have to be worth chasing.

*sigh* In the United States, if you don't have a formal copyright on the work--applied for and paid for through the U.S. Copyright Office--you can't pursue a legal remedy. You can't get a court date. The United States did this purposely to keep the courts from being swamped. Your "entitlements" mean shit.

In addition, if you did get into court having registered a formal copyright and it's a work you've had posted here at Literotica for a free read, legally you have valued the work at zero worth and the courts will give you zip in a settlement.

(Why do we have to go through this every couple of months?)

If you can't stand having your Literotica work swiped, don't post it to Literotica.

 

[oggbashan]

Copyright again - Sigh.

I am in the UK. The UK (and EU) have incorporated the Berne Convention on copyright into local laws.

That means that my copyright from the date of inception is protected for my lifetime plus seventy years. Most of my stories start with my copyright notice (not technically needed - the copyright is protected even without that.)

BUT - have posted my stories on Literotica - a US site. US laws apply which means unless I have registered and paid for copyright, it doesn't exist.

Even if it did, because I have posted my stories for free I cannot claim any financial loss so no compensation claim could succeed.

When you post a story on Literotica you are giving it away to anyone who wants to copy and paste.

 

[sirhugs]

I am in the UK. The UK (and EU) have incorporated the Berne Convention on copyright into local laws.

That means that my copyright from the date of inception is protected for my lifetime plus seventy years. Most of my stories start with my copyright notice (not technically needed - the copyright is protected even without that.)

BUT - have posted my stories on Literotica - a US site. US laws apply which means unless I have registered and paid for copyright, it doesn't exist.

Even if it did, because I have posted my stories for free I cannot claim any financial loss so no compensation claim could succeed.

When you post a story on Literotica you are giving it away to anyone who wants to copy and paste.

not sure you are correct on US copyright law, but I'm not an American...

from the official US copyright office FAQ:

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.


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.”

 

[oggbashan]

not sure you are correct on US copyright law, but I'm not an American...

from the official US copyright office FAQ:

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.


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.”

The first paragraph complies with the Berne Convention but is meaningless in US law because that is how the US legislators wanted it.

The second paragraph is essential BUT since you have posted it on a free-to-read site, no lawyer with any ethics would allow you to process a claim since you have lost nothing. Even if you succeeded, at considerable expense, no compensation would be awarded.

 

[Abbafan]

I am open to correction on this but I believe that a once aspiring writer by the name of Shakespeare never had an original plot idea in his life. He pinched the lot from mainly forgotten nobodies.

I think it might've been the Tempest that was his only truly original plot. The rest came from history or myths or old stories that had been handed down through time that no one even knew who wrote the original.

 

[oggbashan]

I think it might've been the Tempest that was his only truly original plot. The rest came from history or myths or old stories that had been handed down through time that no one even knew who wrote the original.

But it is was what he did with the plots that showed his genius.

 

[sirhugs]

The first paragraph complies with the Berne Convention but is meaningless in US law because that is how the US legislators wanted it.

The second paragraph is essential BUT since you have posted it on a free-to-read site, no lawyer with any ethics would allow you to process a claim since you have lost nothing. Even if you succeeded, at considerable expense, no compensation would be awarded.

I suspect an injunction might be available though. Assuming US law is similar to English or Canadian on this. That does not require there to be damages.

Also, in some jurisdictions, you could sue for disgorgement of any profit made by the perpetrator.