Good news, and Bad! I need help guys!

Okie, so here's the deal.

My good news is that i got contacted by a magazine who wants to use some of my work in their publication. The badnews, is that they informed me since my work is online i have no right to it any more - and they have rights to it for free. Which means what i have on Literotica.com wont be paid for. But i'll get a free subscription to the magazine. In the future, stories i DONT have posted to the net will be paid for - but not the ones online.

First off, is this true?! Is my work unsafe on Literotica? Can i really not protect my work online? Is there a way to protect it here? I think this is something Literotica.com should inform the writers of before they post their stories if its the truth! It's scary to me to think my work could show up with some one elses name on it if i keep posting here - but i love it here and i get exposure here (this isnt the first publisher who has contacted me through Lit's site)

I am seriously worried that if these people are interested in my stories, but kind enough to contact me - how many others have just simply TAKEN my work for themselves without informing me?

A very worried Nikki

From what I understand, your work is copywrited (sp?) through Lit, they can't just take it. If I were you, I would contact Laurel or Manu.

In fact, here is something taken directly from Lit's FAQs:

If I submit a story to Literotica, do I still own the copyright?

Absolutely. You are simply granting us a non-exclusive right to post your story on Literotica.com. All rights to the story still belong to you, the author.

http://www.literotica.com/faq/05235347.shtml#05319452

It does happen, people do steal stories, but contrary to what they seem to have told you, you do still own the copyright to your own work, whether it's posted here at Lit or not. They probably just don't wat to pay you for "previously published" work, that's all.

Well Nikki what they are also, in effect, saying is that they can take Harry Potter, the latest Discworld, any book they like and print it themselves and earn money from other people's work. You must know that this isn't true.

Contact Laurel (site owner) by PM and explain your case. As far as I know she has had several sites actually closed because they stole other people's property from this site. She and Manu work very hard to keep this site free for readers and writers alike and fight tooth and nail when someone tries to make money (by stealing stories from here) out of their and our hard work.

They are lying. The stories you post here are your own copyright and no-one else's. If anyone should be earning anything from your hard work, it's you.

PM Laurel. (kittymama)

You have the right to your work. Submitting stuff here gives this site a non exclusive right to publish it. Wich means you still own it. The magazine have no right whatsoever to freely use your stories. That is bullshit. If they do you can sue their ass off.

However, it is their right to choose not to publish your stuff, for whetever reason they want to. One reason can be that it's on the web, and therefore not exclusive for them.

But no, the way Lit is legally set up, and the way that copyright laws work in general, they can not just take your stuff for free without your consent.

AppleBiter said:

From what I understand, your work is copywrited (sp?) through Lit

Click to expand...

Your work is copyrighted by law, period.

Okay, so let me show you what she said to me. Maybe you guys can see something I'm missing -

Hi!

We are publishers...It's great for an author to be published. We offer the
subscription to the magazine you are in! I also need to know if I can use
your assumed name! So I am putting in attachment the letter....check it
out!

Talk to you soon!

Carol

-----

I responded with this - since she wanted me to sign something that didnt seem to give me a right to back out ever -

:nods: I'd be interested. but i want to make certain that you we do this in a safe way for me. Its a non exclusive right to publish one of my stories? And i think we should put a timeline on it - so its not open ended as in forever - i dont want to ruin any of my chances for future publication that i may be paid for.

-----

And her response was this -

Hi Kerian!

It's a safe way for you. You can put a time-line, but as long as you put
stories on the web, anybody can use them really! As far as future
releases, if you write stories, that you don't post on the web....we pay
for those. Right now we are at the stage discovering authors! Also, the
fact that those stories are on the net for free, any publisher can use
them without permission. we just like to work fairly ! I might need you in
the future, and you might need the money...I totally understand your point
there!

The magazine is published my MVP Group, in Montreal, Canada. They are
digests dedicated, of course, for Adult Audience! I will let you know
which story I would use as well.

-----

It really freaked me out when she said this! I work hard on my stories - you guys are sure this isnt the truth?

Nikki

They are lying. And she uses too many !!!! exclamation points as well. (Idiot person.)

Here is from the United States Copyright Office -

http://www.copyright.gov/


§ 102. Subject matter of copyright: In general26

(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:

(1) literary works;

(2) musical works, including any accompanying words;

(3) dramatic works, including any accompanying music;

(4) pantomimes and choreographic works;

(5) pictorial, graphic, and sculptural works;

(6) motion pictures and other audiovisual works;

(7) sound recordings; and

(8) architectural works.

(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.


Which means anything you write is yours. No one has the right to it just because they happened to see it on Lit.

It sounds as if the magazine has appropriated your things and is bullying you into believing they can do this free and clear. They aren't expecting a fight from you. PM Laurel and send all this information to her.

Kick ass. Good luck!

Liar said:

Your work is copyrighted by law, period.

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Exactly, and the fact that it's posted on Lit. gives you evidence that it was written and posted by you before any of those who might steal it offered it for publication elsewhere. Kinda' like sealing it in an envelope and mailing it to yourself does with the routing stamp.

Perhaps what she meant when she said it's free for everyone to publish (but tey like to be fair) is that they could most likely simply use it and never be caught, not use it legally regardless of your disapproval.

Just a thought.

Q_C

Legitimate for-profit publishers will usually not publish stories that are obtainable for free on the web, so it's common for them to ask you to remove your stuff from free sites if they're going to start charging people to read it.

However, you own the rights to your stuff unless and until you sign them away.

These guys look very suspicious to me. "Paying" aithors in free copies of magazines or books is an old tradition in fringe publishing, but a poor substitute for getting paid in money.

sachiaiko said:

And her response was this -

Hi Kerian!

It's a safe way for you. You can put a time-line, but as long as you put
stories on the web, anybody can use them really! As far as future
releases, if you write stories, that you don't post on the web....we pay
for those. Right now we are at the stage discovering authors! Also, the
fact that those stories are on the net for free, any publisher can use
them without permission. we just like to work fairly ! I might need you in
the future, and you might need the money...I totally understand your point
there!

Click to expand...

Like sarahh said, the "any publisher can use them" stuff is a lie. Or they are stupid enough to believe that. Either way, I think they sound suspicios enough not to work with.

If they had just said "we only pay for stuff that has'nt been published on the web", that would be their policy.

Tell them that they are incorrect and if they admit that, then you can discuss further about wether to let them use a story or two for free, non-exclusively. If they still claim all online stories are up for grabs, tell them to fuck off.

#L

Damn, that's seriously disapointing.

I wanted to have my work published - and i may still let them do it but i will be safe. I have a subscription to "Writers Market" so they have a lot of documents there that can help keep me safe. And i wrote Laurel already, asked her to help me ASAP.

I'm frustrated, i wish that this wasnt even an issue. She lied to me and said my work was unsafe. And what the hell is the point? They only pay 20 dollars a story anyhow - so whats the point in lying about it? I think maybe she may actually have false info - maybe it was not a lie but rather a mistake?

God i hope so -

Nikki

Yea, I sent them a letter telling them the information they gave me was incorrect. Hopefully they'll admit it. That's just an awful way of trying to take some oens work.

I mean, i would have given them one of my lit stories for a subscription to their magazine if they asked. I can understand that, since its already on the web! And it would have gotten me out there even more. It's a fine trade to me, i wouldnt have minded. But i do mind the lie - makes me feel pretty shitty.

Honestly, after all she talked about building trust - this was just really unacceptable.

nikki

apologies for the hijack

sweetsubsarahh said:

(b) In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work.
[/COLOR][/b]

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This is extremely interesting. Does this mean they had to invent a new law for 'intellectual copyright?'

This says there is no such thing and that it is uncopyrightable.

Is Arthur Clarke due squillions of dollars?

sachiaiko said:

Yea, I sent them a letter telling them the information they gave me was incorrect. Hopefully they'll admit it. That's just an awful way of trying to take some oens work.

I mean, i would have given them one of my lit stories for a subscription to their magazine if they asked. I can understand that, since its already on the web! And it would have gotten me out there even more. It's a fine trade to me, i wouldnt have minded. But i do mind the lie - makes me feel pretty shitty.

Honestly, after all she talked about building trust - this was just really unacceptable.

nikki

Click to expand...

Nikki: It sounds like they're on the pisstake to me. They sound more crooked than a Steve Thompson throw.

Be careful and take your time; I know you'd love to be published, but you don't want to sell your work away to a bunch of chancers just cause you're eager.

The Earl

gauchecritic said:

This is extremely interesting. Does this mean they had to invent a new law for 'intellectual copyright?'

This says there is no such thing and that it is uncopyrightable.

Is Arthur Clarke due squillions of dollars?

Click to expand...

I believe they're referring to work that would more appropriately receive a patent, rather than a copyright.

I copy right my works through the US copy right ofice. I don't do it because i have to, I do it just so I can easily deal with thefts.

Anything you create becomes yours the moment you begin creation. It remains yours until you sign the rights to it away. You no longer hav eto apply for copyright, it's yours from the moment you place the last period.

Most of us would love to be print published. But, that is the dream the scamster's cash in on. And it's a rotten dirty thing to do, playing on someone's dreams to make a buck off them.

Personally, i would at least report them to the BBB in their stae and inquire with my states AG on their legitimacy.

Best of luck, whatever you decide to do.

They're in canada, actually. Does anyone know how to find out information on Canadian companies?

Also, its the end of the work day there, so i'm assuming that she'll reply to my email tomorrow. I hope so, at any rate.

Like i said, this isn't the first time i've had a publisher look at me work and contact me. Which is why i noticed the sign she might not be completely legit.

Sad, really, that they do this. She wanted me to sign something too - which i wouldnt do because it seemed WAY To open ended to me. (which is where her lie came into effect, when i said iw ouldnt sign it as it was.)

GROUP MVP QUEBEC, CANADA

Letter of Authorization


Dear Sir/Madam
I, ____________________________________________, hereby authorize Group MVP to duplicate/use partly or entirely the content of my stories, to be printed in a form of a digest dedicated for adult audience.
I will receive in exchange of my services a subscription to the digest where my stories appear.
My mailing address: ____________________________________________________________________________.

Click to expand...

That's what she wanted me to sign and send back. I'm sure you can see why i refused. :chuckles:

Nikki

As far as I know, Canadian copyright laws are the same as American. When you create something, it is yours. You choose to display it on the internet, it's still yours, if someone takes it and claims it as their own it's theft. If someone publishes it without your consent and makes money off it, it's theft. Etc etc..

sachiaiko said:

They're in canada, actually. Does anyone know how to find out information on Canadian companies?

Also, its the end of the work day there, so i'm assuming that she'll reply to my email tomorrow. I hope so, at any rate.

Like i said, this isn't the first time i've had a publisher look at me work and contact me. Which is why i noticed the sign she might not be completely legit.

Sad, really, that they do this. She wanted me to sign something too - which i wouldnt do because it seemed WAY To open ended to me. (which is where her lie came into effect, when i said iw ouldnt sign it as it was.)



That's what she wanted me to sign and send back. I'm sure you can see why i refused. :chuckles:

Nikki

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It's a very good thing you didn't sign that, yes. The whole thing sounds very dubious, but I do wish you good luck with getting published!

Reading that ridiculous contract again, i feel my blood boiling. The only time she started lying to me was when i said i wouldnt sign that as it was. that doesnt give her the use of one story - it gives her the use of ANY of my stories! Dear gods - how many folks have been caught by that? Its awful :frowns:

Nikki

sachiaiko said:

They're in canada, actually. Does anyone know how to find out information on Canadian companies?

Also, its the end of the work day there, so i'm assuming that she'll reply to my email tomorrow. I hope so, at any rate.

Like i said, this isn't the first time i've had a publisher look at me work and contact me. Which is why i noticed the sign she might not be completely legit.

Sad, really, that they do this. She wanted me to sign something too - which i wouldnt do because it seemed WAY To open ended to me. (which is where her lie came into effect, when i said iw ouldnt sign it as it was.)



That's what she wanted me to sign and send back. I'm sure you can see why i refused. :chuckles:

Nikki

Click to expand...

Charlie, I believe,knows a good deal about copy right and intellectual property laws in Canada. You might ask her.

sachiaiko said:

Reading that ridiculous contract again, i feel my blood boiling. The only time she started lying to me was when i said i wouldnt sign that as it was. that doesnt give her the use of one story - it gives her the use of ANY of my stories! Dear gods - how many folks have been caught by that? Its awful :frowns:

Nikki

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Good for you. It takes a lot of courage to recognise that it's not the right thing. You're very strong to be able to say no, instead of taking a flyer with some dodgy people.

Your chance will come with respectable publishers, I'm sure.

The Earl

sachiaiko -

Good for you for not signing!

I hope you'll share some of the details of your email telling her to stuff it (and her whining email back)?

We love that kind of stuff.

Maybe I'm prejudiced, but I'd be suspicious of any publisher who couldn't write a grammatically correct letter.