I think I'm mostly finished with some of my stories.
Most are erotic stories and/or descriptions of fictional places—or attempts thereof—and The Handmaids Tale fan-fixs, though I've yet to read the book or watch a single Hulu episode (looks too depressing, I'm not into (non-revenge at least) torture porn, and the other fanfics I've read on FFN and AO3 have a lot of Serena-Joy-Fred-Waterford-Offred/June-Osbourne-Nick fru-fru), though I saw the movie years ago, watched hours of YouTube videos about it, and heard Margaret Atwood talk about it in CBC 1 interviews.
First I will upload all on my MH wiki,.
Perhaps a few weeks later, upload the fanfics/fanfixs on FFN, AO3, and 1 or 2 other MH wikis, and the erotic non-fanfics here.
Of the latter, I'll also probably upload the same on a few other erotic sites a few months after that, save [a website in competition with LushStories I won't mention here], which I intend to theirs next year—I'm still ticked at them for suspending me from their forums (I think mid-morning 2 February 2020), permanently and for no reason. (even though Laurel seems to tolerate idiots like BusyBigot, belisaurius, and Rightguide)
However, there's the issue of copyright.
Because I don't believe in most so-called "intellectual property"—"information is free" and all that—it would be hypocritical of me not to release my work into the public domain.
My fanfics would be on shaky ground legally, but what I created would be available to all.
The thing is, I'm concerned some industry weasels might take my work, register such in their own names, and, say, insist that sites like yours take my stuff down because it's legally—though their trickery—theirs.
I figure if need be I could counter this by proving that I came up with it first—and perhaps this could be presented in an American or Canadian court, but how do I?
What should I do before uploading anything?
I read that the old "mail-it-to-yourself" isn't accepted, perhaps because the contending party/ies can allege that I merely mailed empty open envelops and then put "their" work into it.
Another possibility is taking pictures.
Let's say there's a building being constructed. It started 6 months ago and is scheduled for completion in another 6 months. Let's say I went near the site and took pictures of my work there, with the construction in the background—maybe multi-angled and/or a videod to do things that'd be hard to "deep fake."
"Your honour, the weasels registered my work as theirs in 2023, but this building—which is in the background of these pictures during its construction—was completed in late 2021."
Another possibility is posting them on a number of sites as a form of time-stamping, such as LushStories. I also thought Wikipedia and RationalWiki: post on my userpage, delete, but it's still in the edit history. What if my accounts are hacked, though?
I suppose I could register to the copyright office, but it sounds like a lot of fru-fru, might be expensive, and I luvs my privacy.
Given that countries have treaties to respect each other's copyright, I might shop around countries. For example, perhaps one could register with the Mexican copyright office—if it's cheaper and easier—and use their registry as proof should a site need proof that the weasels didn't come up with the work first.
Comments/suggestions/advice appreciated.
TYIA.
Chatterbox Blonde- Rumps Mystical Bartender
Well I go by the old fashioned Roleplayer trick. Get it printed somewhere and slap a copyright notice on it.
I can prove my work outside of here is mine because I have the original convention programme that lists me on it, and the original files from the time I wrote it.
But for work someone might actually try to make a buck on, get it self published and keep the invoice from the printer.
That way you can at least prove that the work in question was distributed officially on a certain date.
It may not be unbreakable but prove Amazon tampered with the release date, and I will go make popcorn to watch you try.
Whatever was posted is always meant in love and respect never to offend.
I'm also highly likely to have posted this from a phone so there may be typos or odd word changes, auto correct can be a pain.
I've been listening to my kinky pencil here's my current work
If you reside in the U.S., and you don't file for formal copyright ( Keeping in mind that you can create compilations of several works and file for a copyright on the archive under a single title ) you have zero protection in the U.S. If someone else files for a formal copyright on your work, as far as U.S. courts are concerned, they own it, and you are the infringer.
Mailing it to yourself, selling it at the mall or on the street corner... None of that means diddly if someone else copyrights it.
As to proving it's yours on another online venue, one simple way is to have a public contact on the site where it was first posted, then contact the new site via that public contact to prove you're the same person. In my case, I have all my work listed on my website, so it's a simple matter to point someone there to see that all three pen names I use are mine.
As often as not, any website that isn't shady to begin with will remove work you point out is plagiarized when you direct them to the original posting with an earlier date. In the case of someone ripping you off on Amazon, check to see if they're in the Kindle Unlimited program, and if so, then use the report form to note that it's available somewhere else for a cheaper price ( free ) by linking to the original, as well as noting that it's stolen. That will often get it removed without having to file an official DMCA request. Amazon doesn't like being undercut. Report enough of them, and they'll nuke the infringer entirely.
( If you see your work stolen and posted on Amazon for profit, be sure to report it on any site you post on, so other authors can take action on their stolen work as well )
I find it hard to imagine that anyone would want to steal what I've written here or anywhere. I guess I'm safe in my meh land.
Well, for one thing, Lush isn't U.S. based, which means they would likely recognize your copyright as defined in the Byrne convention, and could make a reasonable legal argument to defy a U.S. copyright filing by someone else. Technically you do have copyright immediately upon creation of the work. Places like Canada, the U.K., the EU, etc. will recognize that with sufficient proof of origin.
The U.S. is part of the convention, but they throw as many roadblocks in the way as possible to keep copyright cases out of the courts. That's why you need a formal copyright to even get a foot in the door. It would also be prohibitively expensive for either party to actually pursue the matter through the legal system. You would both likely have to rely on moral suasion, and that could go either way on a case-by-case basis. Some are going to recognize the formal copyright, some are going to recognize that you can prove you originally created the work.
Basically, it comes down to a shit fight without the formal copyright. The only way you can ensure 100% that you and only you have the authority to issue take-down notices is to have a formal copyright registered with the U.S. copyright office. You're not going to be able to sue regardless, because once you put something up in public for free, you've established that it has no monetary value. The best you can hope for is to get someone else's name off your work, and/or stop them from profiting from it via moral suasion.
Having proof of origin and a formal copyright simply means you have all the guns in the fight. Anybody else would have to rely on smoke and mirrors.
Some misstatements have been made in this thread; however they seem to be made with the goal to advise as to the gold standard to protect your copyright interest. It is true that once pen meets paper, brush meet canvas or keystrokes are recorded on you electronic file, a copyrighted work is born. The date created is what you need to use to protect your interests. The electronic operating system/software will record this. Sharing it with select friends do the same. In the past, mailing it to yourself and others with express direction not to open the envelope was often used. These all constitute evidence of date of authorship.
Sure for every clever way to protect a birth of a work of art, there are always clever, devious people who seek to get around it. So there is no silver bullet. Best recommendation would be to back up, preserve versions, find software that allows to map your creation from start to finished product. All of which will be proof of authorship.
Now some misconceptions and good/gold standards to follow:
The former requirement of a (c) or "c" in a circle or word "copyright" before the year and author's name has not been required to protect your rights (i.e. (c) 2021 Samg61) for decades. It used to be required otherwise it went immediately to public domain. Today, that is not the case. Best Practices: still use it. It places the world on notice the author is asserting that in the year stated he/her created the work. It can be used to eliminate the claim of fair use, or I'm a goofball and thought I could copy it defenses.
Filing is only means in the US to establish your copyright. The race to the Library of Congress is not correct. It is a violation of the Copyright Act to take someone's work and register it as your own. This can be challenged by evidence of prior creation by any of the forgoing means, WHICH IS NOT AN EXHAUSTIVE LIST. You have a common law copyright once created (on all versions). Best Practices: Do what Reject Reality suggests register it. This now can be done electronically, relatively simple to do and not too expensive at all (single work $45).
Filing is only means to protect copyright. This is at best a gray statement. You have an immediate copyright once created. Registration is the formal means to place the world on notice and provide you with additional statutory rights. In addition, if you feel the need to file suit in the Federal Courts (exclusive jurisdiction over copyright infringement actions) one MUST register the copyright to file suit. The registration requires date of authorship, date of publication, if any (which in reality must occur in order to have the infringer had knowledge of the original work). Best Practice: Register it early. Registration provides valuable rights including but not limited to statutory damages (up to $150,000 per act of infringement for wilful violation), attorney's fees, and making them buy you lunch and drinks after winning (well I always ask, never get it but always ask).
Litigation is expensive. True, so true. Best Practice: don't do litigation.
I know long winded, but I hope it helps.
All true. The government does not investigate completing claims for any intellectual property. It is up to the owner to protect, enforce and monitor their uses.
Finally, we all have to swim somewhere.