Submitting a commissioned story

[WhiteWave48]

*****

 

[rgraham666]

I'd go with the authour of the story. The authour did most of the work.

I do attribute people who inspire my stories though. If they're wiiling.

 

[Boxlicker101]

The author os a story is the one who writes it. Another person might give you an idea, even some details, but you would still be the author. As Rob says, if the other person is okay with it, you should probably mention his or her part in it.

 

[WhiteWave48]

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[Weird Harold]

Following a rejection notice re authorship of a commissioned story, I have a question to ask authors and editors about submitting a story that one of our readers asked me to write.

It may depend on how you attributed the intitial story idea contributor.

The term "commissioned" has a specific meaning in copyright disputes, but it normally applies to a formal contract situation -- the person who commissions a work owns the copyright on that work.

But the person who "requests" or "inspires" a work does not own any rights to the finished work.

Generally, an "exchange of value" is the defining difference between a "commission" and a "request" or a pre-existing employee/employer relationship has to exist.

In your specific case, you have a tacit release of all copyright claims when the requester told you to post it under your name, so you're closer to a "story by request" or a "story based on an idea by..." than "a story commissioned by..." and you're attribution needs to reflect that.

Since the story has been rejected once because of a question over authorship, you probably need the requester to provide a "formal" release of copyright claims to go with the submission.

 

[WhiteWave48]

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[cloudy]

A commission implies that you were paid to write the story. A request means that you did it for free.

You don't need a release, you just need to word your opening statement differently.

 

[Weird Harold]

A commission implies that you were paid to write the story. A request means that you did it for free.

Payment is usually involved, but I wrote a short computer program for a non-profit group once that created a commission/request question similar to this situation: On the advice of the NPG's lawyer, I decided to resolve the issue by releasing the program into the public domain by adding a copyright screen to that effect.

In that case, there was a small potential for Royalty claims to enter the picture, and the lawyer got involved because it wasn't clear who should/could release the copyright into the Public Domain. I got the privlege because, by a bit of judicious twisting of semantics, their "request" was turned into my "suggestion" and because I was a part-time volunteer rather than full-time volunteer or paid employee that removed the employer/employee relationship from the equation.

Adding the line "Copyright 2006 WhiteWave48 and ****" to the story header would solve the problem. It would still be credited as "A story by WhiteWave48" but explicitly share the copyright credit.

 

[SimonBrooke]

I've been editing for WhiteWave on this one...

... and I can verify it's kosher, because I've seen and commented on a number of drafts as it's developed.

 

[gauchecritic]

Thanks for your help. It is very clear. I knew someone out there would have some answers.

It's all in his sig. He just needs people to ask him the right questions.

 

[WhiteWave48]

*****

 

[Jenny_Jackson]

I've done it once. It was a story WhiteSnake asked me to write. I submitted it with an Author's note giving Snakey credit for the idea and it was posted without question.

JJ

 

[Weird Harold]

I was just about to mention today the question that really concerns me the most: how to prove authorship of the story, not just state it.

The reject notice reminded me that 'all work must be written by the person who submitted it' and to 'please have the work's author sign up and submit on his/her account'. Well, the author is me, and it is not possible for me to follow this instruction. ...

By the way, I decided to discuss this publicly as this matter of authorship could affect anyone - in various ways.

The wording of the rejection notice is generic boilerplate for any question of authorship OR copyright ownership.

"Proof" of authorship here at Lit has different requirements than say a civil suit over royalties from an unauthorized screenplay credited as "based on a story by ..."

Here at Lit, all you have to do is convince Laurel that she misunderstood the wording of the original attribution; that might require an e-mail from the requester and/or SimonBrooke reassuring her that the author is you, but a simple re-wording of the attribution and a comment to the affect that the original attribution was misinterpreted; or perhaps a link to this thread for the full story of how the story came to be.

Proving authorship in the wider world is mostly a matter of record-keeping -- having a time stamped copy of the story that predates anything the complainant can produce is usually sufficient and a record of the original request/commision to resolve the "Work for Hire" copyright issues surrounding a "Commissioned" vs "Requested" genesis.

The "Work For Hire" aspect is the one where record kepping and "getting everything in writing" is the most important, because who actually wrote the story isn't the issue, but who controls the rights and use of the story.

Anyone writing a "Story by Request" should save the e-mail, chat-log, or letter, or medim where the request was made and/or insure the request is made in a preservable medium. You should also ask, "What about the copyright?" to make sure that the answer to that question is explicitly in the preserved record.

 

[WhiteWave48]

*****

 

[S-Des]

Thanks, Weird Harold. I do have the e-mails so I may put together a series and submit them for Laurel. I think that 'submitting' is the only way of communicating in this case, is that right?

If anyone asks me to write for them again - and several have already - I will take the trouble to save their request and ask them to e-mail a statement about authorship, publishing rights and copyright.

No, you can PM her to discuss it. She doesn't always answer back, but it is your best bet to get it straightened out before resubmitting. If she requests proof (which I would highly doubt), you can ask for a way to email the attached documents.

I agree that it's probably a misunderstanding because of the way you worded the acknowledgement. I'll bet it goes through the next time with no issues.

 

[WhiteWave48]

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