Question about reposting a story

[NSEW1]

Question for literorica moderators and authors: This concerns a story previously posted here years ago. The story elicited huge responses at the time with many enthusiastic readers and also many haters. The author has gone completely silent midway through the story, his stories no longer appear on this website, and he has not responded to my attempts to reach out.

I am one of his fans who believes his writing represents the epitome of the genre. I have written several sequel chapters on my own in an effort to carry on his legacy. I would like to repost his story with acknowledgements to the original author (for the literary benefit of civilization), and then post my sequel chapters.

Before doing this, however, I want to ensure that this doesn’t violate any rules.

Please advise what is the right way to re-publish this story here?

Thank you,
NSEW1

 

[KeithD]

It's not tricky at all. Unless you have explicit written permission from the original author, it's unethical, and I'm pretty sure that is the Literotica editor knows you are repeating someone else's material without permission shown to her, she won't post it.

 

[Kantarii]

As a writer, I wouldn’t want anyone to ever pick up a story I’ve worked on to finish it how they see fit - ever - no matter how well it may be done. If I foresee I may not finish anything I’ve started, barring sudden death, I would probably delete anything in relation to the unfinished story from this site, but that’s just me.
Kant

 

[ElectricBlue]

Please advise what is the right way to re-publish this story here?

This topic comes up fairly regularly. The answer doesn't change - you can't just republish a story without the author's permission, you shouldn't presume to "finish" stories using the author's characters without permission. And the chorus always sings, "Go write your own story."

If you've already written "sequels" perhaps you could change the content and characterisation sufficiently so that they can be published as new, original works in the same genre, not as continuations of another writer's work. That's trying to put a positive spin on what is a dubious proposition. Far better to write in the genre yourself, as yourself, than to clone another author, I reckon.

 

[SimonDoom]

Writing a sequel to a story, where you borrow characters, plot points, and other details from a previous story, is copyright infringement, pure and simple. It doesn't matter whether you give credit to the original author or not; it's infringement, and it's wrong. So, don't do it, without the permission of the author.

If the author has disappeared, there may be a reason for that. You have to respect that.

 

[NSEW1]

Thanks

Thank you all for replying.

The consensus is clear that you all believe it would not be ethical to repost another author’s story even with acknowledgement. I would like to hear the literotica response to make this official. Keep in mind a few points :

1) Even with real literature there is a time period after which the work becomes public domain. I’m not sure what that time period is for online erotica stories that were published for free. My point is only that eventually anyone can republish or add to a story, even to Shakespeare’s work. So the question is not whether anyone has a right to ever repost or add to a story, but only a question of how long one should wait.

2) The amount of time one should wait may also reasonably differ depending on the nature of the story, when it was published, and whether it was informally posted online for free vs published with copyright for sale.

3) the original work was posted for free. My proposed sequels would also be free. I have nothing materially to gain from this, and my virtual presence means there is no real fame to be gained either.

4) the original author has vanished without a trace and has given no response to requests for permission. Are we to believe that his work should never again be seen or shared with the public? Or only after 50 years?

I understand purists may feel that none of my points matter. But I’m still trying to find the most acceptable way to continue the story, whether by reposting and adding, or not posting his work but just adding my chapters, or by simply taking inspiration loosely.

Literotica managers, please advise.

Thank you.

 

[_Lynn_]

Thank you all for replying.

The consensus is clear that you all believe it would not be ethical to repost another author’s story even with acknowledgement. I would like to hear the literotica response to make this official. Keep in mind a few points :

1) Even with real literature there is a time period after which the work becomes public domain. I’m not sure what that time period is for online erotica stories that were published for free. My point is only that eventually anyone can republish or add to a story, even to Shakespeare’s work. So the question is not whether anyone has a right to ever repost or add to a story, but only a question of how long one should wait.

2) The amount of time one should wait may also reasonably differ depending on the nature of the story, when it was published, and whether it was informally posted online for free vs published with copyright for sale.

3) the original work was posted for free. My proposed sequels would also be free. I have nothing materially to gain from this, and my virtual presence means there is no real fame to be gained either.

4) the original author has vanished without a trace and has given no response to requests for permission. Are we to believe that his work should never again be seen or shared with the public? Or only after 50 years?

I understand purists may feel that none of my points matter. But I’m still trying to find the most acceptable way to continue the story, whether by reposting and adding, or not posting his work but just adding my chapters, or by simply taking inspiration loosely.

Literotica managers, please advise.

Thank you.

If you want a reply from the site, you need to send a PM to Laurel, the owner.

 

[nosebone]

I understand purists may feel that none of my points matter.
Thank you.

I don't think it's just purists feeling your points don't matter that are at question here. It's you potentially taking someone's work and posting it with your own conclusion. It's certainly morally, and possibly legally wrong. Despite your offered disclaimers as to the story's pedigree, you're still taking it without the author's permission.

You say it's the definitive example of it's genre. Are your own skills worthy of writing a conclusion? Perhaps you post the story in question so that we can see it ourselves.

 

[Bramblethorn]

Thank you all for replying.

The consensus is clear that you all believe it would not be ethical to repost another author’s story even with acknowledgement. I would like to hear the literotica response to make this official. Keep in mind a few points :

1) Even with real literature there is a time period after which the work becomes public domain. I’m not sure what that time period is for online erotica stories that were published for free.

US copyrights for this sort of thing last for 70 years after the author's death.

My point is only that eventually anyone can republish or add to a story, even to Shakespeare’s work. So the question is not whether anyone has a right to ever repost or add to a story, but only a question of how long one should wait.

If the author was alive when it was published on Literotica, then you would need to wait until at least 2068 for it to pass into the public domain.

Even if it was in the public domain, my recollection is that Literotica requires authors to confirm that the work they're submitting is their own (with some allowances made for multi-author collabs etc.) There is no way that they would knowingly accept a member submitting somebody else's work without the original author's consent.

2) The amount of time one should wait may also reasonably differ depending on the nature of the story, when it was published, and whether it was informally posted online for free vs published with copyright for sale.

Under US law, copyright is automatically created at the moment the work is published, regardless of whether it's published for free. In practice, it's effectively impossible to win damages for copyright violation unless you have registered that copyright, but it's still a copyright violation.

4) the original author has vanished without a trace and has given no response to requests for permission. Are we to believe that his work should never again be seen or shared with the public? Or only after 50 years?

It remains his property. If he has not given permission, then you do not have permission. Silence does not mean consent.

You mentioned that his stories have been taken down from Literotica. The most likely explanation for that is that he decided he no longer wants to share them with the public. As the copyright owner, he has the right to make that choice, and he doesn't owe anybody an explanation.

I understand purists may feel that none of my points matter. But I’m still trying to find the most acceptable way to continue the story, whether by reposting and adding, or not posting his work but just adding my chapters, or by simply taking inspiration loosely.

"Taking inspiration loosely" is by far your best bet here.

I get that you really, really want to do this thing. But you don't have the guy's permission, and that's that.

 

[SimonDoom]

1) Even with real literature there is a time period after which the work becomes public domain. I’m not sure what that time period is for online erotica stories that were published for free. .

The copyright lasts the life of the author plus 70 years. It makes no difference that it's posted on a free Website. As many others here with more experience than I have in the publishing world can tell you, the copyright is hard to enforce as a practical matter, but it still exists, and I think it's fair to say it ought to put an ethical burden on you not to infringe it. So, in short, no stories written and published so far on Literotica are in the public domain, and they won't be for a very long time. The law in the other English-speaking countries is similar.

It may be that with some story websites authors explicitly give up their rights in writing when they publish stories. But that's not so at Literotica, where the only thing you grant is the limited right of Literotica to publish your story. You retain full ownership of the copyright.

 

[SimonDoom]

1) Even with real literature there is a time period after which the work becomes public domain. I’m not sure what that time period is for online erotica stories that were published for free. .

The copyright lasts the life of the author plus 70 years. It makes no difference that it's posted on a free Website. As many others here with more experience than I have in the publishing world can tell you, the copyright is hard to enforce as a practical matter, but it still exists, and I think it's fair to say it ought to put an ethical burden on you not to infringe it. So, in short, no stories written and published so far on Literotica are in the public domain, and they won't be for a very long time. The law in the other English-speaking countries is similar.

It may be that with some story websites authors explicitly give up their rights in writing when they publish stories. But that's not so at Literotica, where the only thing you grant is the limited right of Literotica to publish your story. You retain full ownership of the copyright.

 

[SimonDoom]

But I’m still trying to find the most acceptable way to continue the story, whether by reposting and adding, or not posting his work but just adding my chapters, or by simply taking inspiration loosely.

Literotica managers, please advise.

Thank you.

The only legitimate way to do this, without the author's consent, is the last way you list: borrow the inspiration and general concept of the story, and write your own, changing names, characters, setting, dialogue, and major plot points.

 

[oggbashan]

Literotica's rule is very clear.

This is the start of

"Submission Guidelines


If you're reading this, you most likely have an erotic story or poem you'd like to share with our readers. We happily consider all stories and subject matter, but only if they follow the guidelines as presented here. Please take the time to read through this before submitting, as it will help you see your work published on the Web much sooner.

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

You are the sole creator of the submission;"

Anything that is NOT your work is banned by the FIRST rule on submissions.