John__1337
Virgin
- Joined
- Jul 26, 2015
- Posts
- 6
Considering he credited you and the comic is put up online for free. Would you be happy or pissed?
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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.
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.
Considering he credited you and the comic is put up online for free. Would you be happy or pissed?
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.
Considering he credited you and the comic is put up online for free. Would you be happy or pissed?
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.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.
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.”
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.
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.