How to protect the rights to your work before sending it to the editor?

[NotWise]

Well, if they don't publish, they don't get tenure or, if they have tenure, they don't get speaking gigs. It is a money thing connected to them publishing.

They do have financial and professional gains attached to the acknowledgment. On Lit we don't -- or if you do then you shouldn't be posting to Lit --- but some people seem to act like they do.

 

[TxRad]

How to protect the rights to your work before sending it to the editor?

Simple answer: You can't.

 

[glynndah]

How do I protect myself?

Mediocrity works fairly well.

 

[NotWise]

How to protect the rights to your work before sending it to the editor?

Simple answer: You can't.

Isn't your editor someone you're supposed to trust? Or get a different editor who you do trust.

 

[Hypoxia]

How to protect the rights to your work before sending it to the editor?

Simple answer: You can't.

How do I protect myself?

Mediocrity works fairly well.

Easy way: Don't write.
Hard way: Don't post.
Nutz way: Write shit.
Tromp way: Tweet shit.

Note: The OP cited being published, not posting online, so all above comments about online protection (or lack thereof) are irrelevant here. Commercial publication is a different game -- if you claim to be Steven King (not the asshole GOP pol) then he'll sue you. There's about zero protection for anything posted online, even illegal night photos of the Eiffel Tower.

Bottom line: only sweat copyright if you plagiarize a pro, or want to be one.

 

[rjordan]

The harm is to people who want to be acknowledged for what they've written.

Yes, I can see where someone who writes under the name Pussygobbler would be upset if they didn't get recognition for hard work they posted on a free story site.

So far, the fact that other sites have lifted some of my writing is not a problem for me, but I can see situations in which it could be. If I ever reach that point then I'll stop posting to Lit. Otherwise complaining that you've had a story lifted from Lit is a little like jumping out of a window and then complaining because you fell.

I thinks that's the way to look at this. If you have something worth protecting, you don't publish it first on a free site. Pilot brought that up. If you don't care what happens to it, it doesn't matter. If you do, you better take steps to protect it before you let it loose.

rj

 

[rjordan]

How do I protect myself?

Mediocrity works fairly well.

Ha ha. It's worked for me so far, too. As far as i know, nobody has bothered my stuff.

rj

 

[NotWise]

I thinks that's the way to look at this. If you have something worth protecting, you don't publish it first on a free site. Pilot brought that up. If you don't care what happens to it, it doesn't matter. If you do, you better take steps to protect it before you let it loose.

rj

My attitude to the most recent rip offs was a little different. They took the story and used it without attribution, but they actually went to the trouble of presenting it in a readable, attractive format. One site wrapped the text around pictures of naked models -- which is pretty incongruent, but still attractive.

The fact that they bothered is positive feedback on a fairly large scale.

 

[oggbashan]

How do I protect myself?

Mediocrity works fairly well.

That doesn't work for me or my stories. Even the ones I and the Literotica readers think are piles of crap still get stolen. Thieves seem to have no quality standards.

 

[Handley_Page]

That doesn't work for me or my stories. Even the ones I and the Literotica readers think are piles of crap still get stolen. Thieves seem to have no quality standards.

Oh, I don't know. . . . .

 

[RubiDia]

I thought recently - when you just finish a manuscript and send it to the editor - its not published anywhere. Not known to anybody. What if the editor just takes it and publishes it as his own?

It would be my word against his.

How do you protect yourself? And how do people protect their work when it comes to publishing novels with paid editors? I know a lot of authors find editors in places like upwork - so they are basically random guys. How do you protect your work?

Can I take a swing at this? Tell the publisher.

 

[RubiDia]

Talk to their secretary.

 

[rjordan]

I thought recently - when you just finish a manuscript and send it to the editor - its not published anywhere. Not known to anybody. What if the editor just takes it and publishes it as his own?

I don't think anyone has mentioned it yet, but this is the reason that a lot of publications will not accept unsolicited manuscripts. One danger is that a manuscript arrives that happens to be close to a project already in development or envisioned. If they go ahead with their plans or later independently have the idea, they risk a lawsuit from the unsolicited author claiming the publisher stole the idea.

Better to refuse to open any unsolicited material to avoid the possibility. I have no doubt established authors on AH are fully aware of this.

rj

 

[sr71plt]

In twenty years of working with some twenty-five mainstream publishers, I've never heard of "fear of who actually wrote it" being given as a reason not to be receptive to unsolicited manuscripts. Maybe that's a new thing. The reason the mainstream publishers I worked with weren't wild about unsolicited manuscripts was because they'd arrive in heaps if you welcomed them and it was not cost-effective to find a gem among the rubble.

 

[rjordan]

In twenty years of working with some twenty-five mainstream publishers, I've never heard of "fear of who actually wrote it" being given as a reason not to be receptive to unsolicited manuscripts. Maybe that's a new thing. The reason the mainstream publishers I worked with weren't wild about unsolicited manuscripts was because they'd arrive in heaps if you welcomed them and it was not cost-effective to find a gem among the rubble.

Maybe you missed the meetings. Maybe you weren't invited.

rj

 

[sr71plt]

Maybe you missed the meetings. Maybe you weren't invited.

rj

Maybe you just made that up.

 

[tryn2Bgood]

I thought recently - when you just finish a manuscript and send it to the editor - its not published anywhere. Not known to anybody. What if the editor just takes it and publishes it as his own?

It would be my word against his.

How do you protect yourself? And how do people protect their work when it comes to publishing novels with paid editors? I know a lot of authors find editors in places like upwork - so they are basically random guys. How do you protect your work?

Having a copyright is basically the only true protection, which can be done quite easily and inexpensively. But there may be other ways to prove you wrote it first if needed. If you wrote it on your computer, the document is there on your hard drive showing the date is was created. Maybe someone else is witness to you writing it. But it is super hard to win a case without the copyright.

If you are sending it to an editor, only use someone reputable. If you are trying to get it published via literary agents or publishing houses, chances are you have sent query letters and/or partial manuscript to several. The chances of someone stealing your work are very slim. Aside from a copyright, someone doesn't know what precautions you may have taken to protect your work; it is a risk they wouldn't likely take.

 

[sr71plt]

prove

No, the only way to PROVE (prove is a hard legal term) you own the work in the United States, at least, is to formally apply for copyright with the U.S. Copyright office.

You people need to use some other word than "prove" for this. There's only one way to prove it in the United States.

 

[tryn2Bgood]

No, the only way to PROVE (prove is a hard legal term) you own the work in the United States, at least, is to formally apply for copyright with the U.S. Copyright office.

You people need to use some other word than "prove" for this. There's only one way to prove it in the United States.

Not true. I did say that a copyright is the only true protection, but there have been successful court cases where the original author has been able to 'prove' it was their work. It is extremely difficult because the burden of proof is on the original author and most people probably don't have the kind of proof needed. Extremely difficult but not impossible.

Regardless, it is not a huge concern if you are using reputable people.

 

[norfolklad]

I don't think anyone has mentioned it yet, but this is the reason that a lot of publications will not accept unsolicited manuscripts. One danger is that a manuscript arrives that happens to be close to a project already in development or envisioned. If they go ahead with their plans or later independently have the idea, they risk a lawsuit from the unsolicited author claiming the publisher stole the idea.

Better to refuse to open any unsolicited material to avoid the possibility. I have no doubt established authors on AH are fully aware of this.

rj

J K Rowling was accused of copying a book sent to her literary agent on spec and using it as the basis of Harry Potter and the Goblet of Fire.
http://uk.practicallaw.com/3-503-6441?service=publicsector#null

 

[sr71plt]

Not true. I did say that a copyright is the only true protection, but there have been successful court cases where the original author has been able to 'prove' it was their work. It is extremely difficult because the burden of proof is on the original author and most people probably don't have the kind of proof needed. Extremely difficult but not impossible.

Regardless, it is not a huge concern if you are using reputable people.

In the United States? Cite them, please.

But, yes, I know, that's something writers of free-use erotica stories they've slapped on the Internet are going to grab onto as "proof" that that's what they can count on. Geez.

 

[tryn2Bgood]

Some info/tips on protecting your writing...

http://m.wikihow.com/Protect-Your-Written-Ideas-and-Stories

 

[sr71plt]

Oh, fuck. You can lead a lemming away from the cliff edge, but . . .

Do as you wish and find out for yourself.

(And that's not backing up your claim of court cases.)

 

[oggbashan]

Yes. You CAN prove copyright on your work in the US preferably by paying and registering with the US Copyright office.

IT WILL NOT STOP SOMEONE STEALING YOUR STORY FROM LITEROTICA.

And there is not a fucking thing you can do about it without paying thousands or tens of thousands of dollars to find out that:

IT WILL NOT STOP SOMEONE STEALING YOUR STORY FROM LITEROTICA.

All you will have is a massive legal bill to pay and no recompense whatever.

 

[tryn2Bgood]

Oh, fuck. You can lead a lemming away from the cliff edge, but . . .

Do as you wish and find out for yourself.

(And that's not backing up your claim of court cases.)

No need to get upset.

The link I provided just gave some tips on protecting your work. In any dispute, the main factor is who was in possession of the work first. If you have documentation of that, it is helpful. If you emailed your manuscript to someone who then published it as their own, are you trying to say you're shit out of luck because you didn't get a copyright first?

And I know that did not back up my claim of court cases, but I would have to research to find those links, and I don't have the time or motivation to do that at the moment. Everyone posted their opinion/advice here. Your opinion is not the law. Yes, getting a copyright is the best and easiest way to protect your work, but it is not the one and only rule.

I have only published a couple of stories on free sites (none on this one), and I'm aware that I posted those to the public for free. It is not my intention to profit from those, and I honestly don't care what happens to them from there. I don't see the value of self publishing (besides getting something printed that no one else would publish), although others may see the benefit in that for their work. It depends on what and how you're trying to market yourself. I do have published work for which I use an agent. I guess everyone can do as they wish and see for themselves . . .