Unauthorized publishing of Lit authors?

[Ann Vremont]

It was discovered earlier today that a number of works under Maria Cruz's Amazon listings exactly matched text of stories posted under MULTIPLE literotica accounts. Either Maria Cruz is extremely prolific and posts as a number of Lit authors, or she obtained permission from the authors to publish as her own work, or she has stolen their work and published it as her own.

Of the 51 ebook titles that were available under name earlier today, only 3 remain at this time, and they are the print version listings. [Incorrect, it looks like they are still there, just not under "her" authorcentral page so they are harder to find]

You can still search and see if you were affected using google cache.

For example:

"Domenating Her"
http://webcache.googleusercontent.c...ebook/dp/B006ND329Y+&cd=3&hl=en&ct=clnk&gl=us

Matches mysterious2002's
http://www.literotica.com/s/dominate-her-no-choice

This
http://webcache.googleusercontent.c...ebook/dp/B006FPLAIA+&cd=7&hl=en&ct=clnk&gl=us

Matches nexy's
http://www.literotica.com/s/new-years-eve-gang-bang

This
http://webcache.googleusercontent.c...ebook/dp/B006G6V1LO+&cd=8&hl=en&ct=clnk&gl=us

Matches Vanilla Xtasy's
http://www.literotica.com/s/my-submissive-summer-ch-06

This
http://webcache.googleusercontent.c...ebook/dp/B006G6V1LO+&cd=8&hl=en&ct=clnk&gl=us

Matches laffalot's
http://www.literotica.com/s/hot-step-sister

This
http://www.amazon.com/My-Erotic-Sex...QDQ/ref=pd_sim_kinc_2?ie=UTF8&m=AG56TWVU5XWC2

Matches ideefixes'
http://www.literotica.com/s/failure-is-not-an-option-ch-03

This
http://www.amazon.com/LESBIAN-MILF-...8XU/ref=pd_sim_kinc_9?ie=UTF8&m=AG56TWVU5XWC2

Matches silkstockingslover's
http://www.literotica.com/s/milf-teacher-becoming-a-present

This
http://www.amazon.com/Brooke-Lesbia...0G/ref=pd_sim_kinc_12?ie=UTF8&m=AG56TWVU5XWC2

Matches gentlegeorge's
http://www.literotica.com/s/brookes-fantastic-adventures-ch-01
Given many of the publish dates of the work, affected authors may be able to collect from Amazon. I don't know that they can - but Amazon would need to either pull the work from the kindles of the buyers and refund it or pay out the royalties.

Also, if you do a google cache search of Maria Cruz, it looks like Maria Cruz published [edit to add on smashwords.com] as Jason Piere one of the titles (not of those listed above) before changing the names, pulling the title and going for KDP select enrollment.

 

[TexasWife25]

wow!

 

[sr71plt]

This isn't news. Every other month the revelation hits someone that works are being ripped off at Literotica (and other Internet sites) and published at Amazon and elsewhere by someone else.

If the original writer hasn't obtained a formal U.S. copyright document, the attempt to stop this is a long, rocky (and can be expensive) path based on bluff.

If you are an author not wanting to suffer this, either (A) don't dump your work on the open Internet, (B) copyright it beforehand and be prepared to be out of pocket big bucks just to get Amazon to ditch the plagiarized books (good luck tracking down the perpetrator to get them to pay anything), (C) trust Amazon to accept your story more than the other guy's/gal's in a he said/she said argument (which Amazon has sometimes done), or (D) (as I do) get them published yourself before posting them to Literotica.

 

[Ann Vremont]

Well, as far as I know, I'm not one of the affected authors (haven't looked at all 51), and I don't publish any stories for free anymore (once, when trying to build an audience). But, news or not, I'd like to know if my stuff was being ripped off.

 

[GracefullyYours]

It happens to anyone who writes internet content. Send Amazon a DMCA notification and they'll take stuff down (assuming that writers here and not Lit retain the copyright to stories here). For other sites, you can send a DMCA to the host, but you'll get a LOT faster results going after their Google AdSense accounts if they have one.

 

[Darkniciad]

It happens to anyone who writes internet content. Send Amazon a DMCA notification and they'll take stuff down (assuming that writers here and not Lit retain the copyright to stories here). For other sites, you can send a DMCA to the host, but you'll get a LOT faster results going after their Google AdSense accounts if they have one.

The author retains full copyright of the work, and can continue to do with it as they please, including posting the story elsewhere, taking it down, publishing it for cash, or whatever.

All you grant Lit is the right to post the story ( and technically, you have to leave it up here for two years if you win a prize in a contest, but I've seen that one ignored quite a few times )

If enough authors with reasonable proof contact them about a seller, Amazon has shown in the past that they'll start yanking the work. One person saying "Hey, they stole this from me!" is one thing, but when three or four completely different people with publishing dates earlier than the stolen work contact them about one seller, it becomes pretty obvious what's going on.

It's still only appealing to their sense of doing what's right, though. On a legal front, odds are that the thief has just as much legal standing ( meaning none ) as you do.

Or worse, they applied for a formal copyright, in which case, they legally own your work in the eyes of the law.

Most of these thieves are fly-by-night, though. They're unlikely to fork over the cash for a copyright filing. That also means that as soon as they're shut down, they start a new name and start all over again. In the meantime, they've been profiting from your work and there's not a ding-dong thing you can do about it

 

[manyeyedhydra]

Just spotted some skag named Robin Scott has been flogging some of my stories. Thankfully they're already out and up in a collection on Amazon anyway. How do I DMCA the bitch?

 

[Ann Vremont]

For Amazon

Notice and Procedure for Making Claims of Copyright Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Amazon.com's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Amazon that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
Your address, telephone number, and e-mail address;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Amazon.com's Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:


Copyright Agent
Amazon.com Legal Department
P.O. Box 81226
Seattle, WA 98108
phone: (206) 266-4064
fax: (206) 266-7010
e-mail: copyright@amazon.com


Courier address:
Copyright Agent
Amazon.com Legal Department
410 Terry Avenue North
Seattle, WA 98109-5210
USA

 

[Ann Vremont]

Fuck - the thread that keeps on giving

Robin Scott
http://www.amazon.com/Three-College...?s=digital-text&ie=UTF8&qid=1325514360&sr=1-9

Matches evanfardreamers
http://www.literotica.com/s/college-shags-ch-01

This
http://www.amazon.com/Depraved-House-ebook/dp/B005F6DTRA/ref=ntt_at_ep_dpt_5

Matches riversable's
http://www.literotica.com/s/house-of-the-depraved

This
http://www.amazon.com/College-Sex-Ed-Fun-ebook/dp/B005F5Q90K/ref=ntt_at_ep_dpt_12

Matches fundareguy's
http://www.literotica.com/s/week-1-class-1

 

[beatrice_dreams]

It's a shame really. It's really off-putting as an author when this sort of thing goes on. It certainly makes me think twice about posting anything...

 

[lovecraft68]

Threads like this pop up here all the time, and every time I see them I think "yeah this could or has happened to me."

Well rather than continue to gripe I went online today and copyrighted my E-book series. $35 and roughly 20 minutes of my time.

I obviously would not do this to every single story I write (look if someone wants to steal "Mom's Christmas Tradition" to make $20 on Smashwords whatever. But for my Broken series it is worth it to me.

Bottom line is for a small fee and little time you can protect yourself. If you don;t choose to, and continue to post on the webs biggest grocery cart for thieves of erotica, then you're getting what you're asking for. I'm not saying it to be a jerk, but its true.

 

[estragon]

Amazon has been known to respond, when you can cite chapter and verse, even when the copyright has not been registered. I posted a review when one "Elizabeth Summers" ripped off Sir_Nathan's classic "Culture Shock", pointing out the theft, and they shut the story down. But that was blatant larceny.

Footnote- There are statutory damages, available to the ripped-off author without the need to prove actual damages. See 17USC§504(c). Also attorneys' fees, to the extent allowed by the court; see 17USC§505.

Of course, you have to register, sue and collect. And as most of the rippers-off are smash-and-grab types, they get away with it.

 

[sr71plt]

Reality is that even if you formally copyright work you've post to Literotica, you aren't going to be able to track down those who are stealing it and reposting it (and, as Dark has noted, just reposting it under another name when they are shut down the first/second/third time)--and if you did catch them and take them to court, good look recovering even your lawyer's fee on something you've posted for free. The courts will value your work at zero, saying that you did that yourself. (If you believe otherwise, cite a court case where erotica posted to a porn site was awarded punitive damages by a U.S. court.)

What you're really talking about here is bluff. And, yes, sometimes that works. What you might want to avoid doing, though, is fooling yourself about all of this.

 

[Darkniciad]

The topic comes up frequently, and the reality of the situation is quickly addressed. I think most folks know that the story file is a wide open source for thieves, and that there's little legal recourse, even with a formal copyright and posting it for pay before posting here for free. The cost involved for actual legal proceedings just isn't worth it.

Doesn't mean that it can't piss you off. Knowing the reality and the risks doesn't change that.

Also doesn't mean that you shouldn't alert everyone when you discover one of the thieves. Despite the futility of shutting them down via moral suasion only to have them reappear in another name the next day, the same stories don't usually get posted right off the bat.

For a while, at least, some victimized authors won't have someone profiting from their work.

A gesture in futility, but personally, I think it's worth it if it frustrates the thieves for even a second

 

[lovecraft68]

Reality is that even if you formally copyright work you've post to Literotica, you aren't going to be able to track down those who are stealing it and reposting it (and, as Dark has noted, just reposting it under another name when they are shut down the first/second/third time)--and if you did catch them and take them to court, good look recovering even your lawyer's fee on something you've posted for free. The courts will value your work at zero, saying that you did that yourself. (If you believe otherwise, cite a court case where erotica posted to a porn site was awarded punitive damages by a U.S. court.)

What you're really talking about here is bluff. And, yes, sometimes that works. What you might want to avoid doing, though, is fooling yourself about all of this.

It's not about fooling myself as it is "bluff" when Amazon here's copyright they will usually pull it. In fact as others have noted they are pretty good about doing it without one.

At the end of the day, I copy righted this so that I can at least say I tried to do something rather than just piss and moan incessantly without making the attempt to better my situation.


It's like people who bitch about the current president, but didn't vote. Make an effort or shut up.

 

[beatrice_dreams]

At the end of the day, I copy righted this so that I can at least say I tried to do something rather than just piss and moan incessantly without making the attempt to better my situation.


It's like people who bitch about the current president, but didn't vote. Make an effort or shut up.

Agreed, and the copyrighting is something I'll be doing before posting final chapters on any story. Not that I've noticed anyone in a screaming hurry to steal my stuff. Perhaps I should take offense at that?

(and I do vote, and I don't complain, except perhaps if they don't do what they promised to. I think I'm entitled to that at least.)

 

[lovecraft68]

Agreed, and the copyrighting is something I'll be doing before posting final chapters on any story. Not that I've noticed anyone in a screaming hurry to steal my stuff. Perhaps I should take offense at that?

(and I do vote, and I don't complain, except perhaps if they don't do what they promised to. I think I'm entitled to that at least.)

If you vote of course you're entitled to bitch, you contributed and performed your civic duty.

My first karate instructor told me that the ones who say the most, do the least. That saying is all to true in many aspects of life.

 

[manyeyedhydra]

I just got an email from amazon's copyright division letting me know they're taking down the stories this Robin Scott character stole from me. A happy ending, for now at least.

 

[manyeyedhydra]

Hello, hello. Paging BOSTONFICTIONWRITER. I believe we have a real deserving target for you to spew fire over.

I believe this

http://www.amazon.com/Massacre-on-H...s=digital-text&ie=UTF8&qid=1325824843&sr=1-35

was yours originally.

 

[PrincessErin]

.....

 

[sr71plt]

You'd think that if Amazon took down one e-book from this "author" based on an accepted theft notice, they'd just take down all of the "author's" books (and not disburse royalties).

 

[manyeyedhydra]

You'd think that if Amazon took down one e-book from this "author" based on an accepted theft notice, they'd just take down all of the "author's" books (and not disburse royalties).

I think amazon take the attitude of fuck it if the wronged author doesn't bother complaining about it. At least they acted fairly quickly in taking my stolen works down. I don't want amazon to be forced to be more stringent in what they allow up in the first place, as I suspect this would hand the big publishers a perfect way to lock out the indies completely, but it would be nice if there was some sort of punishment to deter people from pulling this kind of shit.

This "author" is still putting up "new" works and promoting them as theirs through their twitter account. If most of the authors they rip off don't notice or don't act, they can continue to get away with it.

I recognised Gethelred's Cult of the Lamia series and notified them.

I think these:
http://www.amazon.com/Twelve-Days-of-Christmas-Fucking-ebook/dp/B006GRSRTM/ref=pd_sim_kinc_1

are almost certainly taken from past Literotica Winter Holidays competitions, but the titles have been changed and I didn't recognise the first two stories when I used amazon's 'look inside'.

Unless the authors act to get their work taken down, I suspect this person is going to be free to continue their thievery.

 

[lovecraft68]

I think amazon take the attitude of fuck it if the wronged author doesn't bother complaining about it. At least they acted fairly quickly in taking my stolen works down. I don't want amazon to be forced to be more stringent in what they allow up in the first place, as I suspect this would hand the big publishers a perfect way to lock out the indies completely, but it would be nice if there was some sort of punishment to deter people from pulling this kind of shit.

This "author" is still putting up "new" works and promoting them as theirs through their twitter account. If most of the authors they rip off don't notice or don't act, they can continue to get away with it.

I recognised Gethelred's Cult of the Lamia series and notified them.

I think these:
http://www.amazon.com/Twelve-Days-of-Christmas-Fucking-ebook/dp/B006GRSRTM/ref=pd_sim_kinc_1

are almost certainly taken from past Literotica Winter Holidays competitions, but the titles have been changed and I didn't recognise the first two stories when I used amazon's 'look inside'.

Unless the authors act to get their work taken down, I suspect this person is going to be free to continue their thievery.

I know you are trying to do the right thing and be helpful to this other author, but I find myself hoping Amazon does not listen to you.

Think about what that would mean if they did. Think of the havoc "trolls" could wreak on people.

Someone could have a bug up there as about an author who has legitimate work on Amazon and say "hey that's not theirs it's so and so's."

No, I think as bad as it sounds it needs to be the author themselves chasing their own shit down. Too much potential for problems the other way.

Thing that gets me, is the basic stupidity of the people who lift stories from here to go on Amazon or elsewhere.

They take works from authors who are still producing and are active in their writing. This site has thousands of stories from authors who have not been here in years. Why not take those? Lot less likelihood of being noticed.

then again, I guess everyone should be thankful they're that stupid.

 

[manyeyedhydra]

I know you are trying to do the right thing and be helpful to this other author, but I find myself hoping Amazon does not listen to you.

Think about what that would mean if they did. Think of the havoc "trolls" could wreak on people.

Someone could have a bug up there as about an author who has legitimate work on Amazon and say "hey that's not theirs it's so and so's."

No, I think as bad as it sounds it needs to be the author themselves chasing their own shit down. Too much potential for problems the other way.

Thing that gets me, is the basic stupidity of the people who lift stories from here to go on Amazon or elsewhere.

They take works from authors who are still producing and are active in their writing. This site has thousands of stories from authors who have not been here in years. Why not take those? Lot less likelihood of being noticed.

then again, I guess everyone should be thankful they're that stupid.

Man, you really do have a problem with misunderstanding posts and then writing reams of self-rightousness about what your imagination thought the person said. No wonder you get in so many fights on here .

Anyway, this isn't the place for another fight.

By Them, I meant Gethelred (and also sirhugs--his is the first story ripped off in the Christmas collection--and some others whose stories I was able to identify), not amazon directly. I contacted the authors with links to where their work was being sold, and told them what they needed to do to get their work pulled down. It's up to them (the authors) to take action.

 

[lovecraft68]

Man, you really do have a problem with misunderstanding posts and then writing reams of self-rightousness about what your imagination thought the person said. No wonder you get in so many fights on here .

Anyway, this isn't the place for another fight.

By Them, I meant Gethelred (and also sirhugs--his is the first story ripped off in the Christmas collection--and some others whose stories I was able to identify), not amazon directly. I contacted the authors with links to where their work was being sold, and told them what they needed to do to get their work pulled down. It's up to them (the authors) to take action.

Okay, you're right, I simply misunderstood the "them" you were saying you had already been in touch with Amazon before that.

There was however, nothing self righteous in what I said. I was simply saying that had I understood it correctly it could have caused further issues in different situations.

Chill out.