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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13751
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I have just started to publish a story by Paul Jamison, a new writer here, though he has been published on Nifty before. The story, William, started out as if it might have been an adult/youth erotic drama. I asked Paul about that and he let me preview several chapters to set my mind at rest. And I started to publish the tale.
Almost at once some hue and cry started on another forum. It appears that Paul's theme and a theme by Brew Maxwell (a well known net author of whom I had never before heard) have strong similarities, at least in the early chapters. The essence of the brouhaha is that "I need to delete the story here because it is either plagiarism or breach of copyright".
Paul has not read the other story (nor have I), but has asked his editor to do so. The editor says that there are certain points of similarity but that the stories are by no means congruent, albeit with similar themes. The row is quite fierce. It may spill over to here.
But the challenge is that Paul, not unreasonably, feels that what was a joy has now become toil. Do you have any advice for him?
In asking this question I make one point. Any vitriol expressed here will be removed. If the row from the other site spills over here as a row, that row will be removed.
[Updated on: Fri, 13 June 2008 07:59]
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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Dear Timmy/Paul,
When something is put onto the internet surely the act of putting it into the public domain, since thenceforward anyone can copy it, in effect releases the copyright. So I think it isn't a matter of law but of morality. And since neither Paul nor his editors knew of Brew Maxwell's work (and by the way I am a great fan of it) they cannot be morally culpable.
Tell me if I'm wrong.
Love,
Anthony
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13751
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It does not release the copyright, that always vests with the author. One may assign it, or sell the rights, or otherwise dispose of them, but copyright remains with the author.
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13751
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I think things like Wikipedea and the GFDL may be confusing you: http://www.gnu.org/copyleft/fdl.html explains
It can happen that an author GFDL (or Creative Commons etc) releases a work, but the work may not be modified and must always be ascribed to the original author.
But what I am hoping for is thoughts for Paul. The joy has been taken out of it for him by a campaign against him run by what appears to be a single person.
That campaign seems to go way back to actions I took in about 2003(!) to seek to protect the copyright of the author Driver9, whose works were removed from the net at his request and which appeared at the time to have found their way back without his permission. This permission was regularised and the works remain.
A few people less well able to understand copyright than many perceived this to be "an attack on Driver9", and have exhibited hate filled hearts since then. If only they could understand that this was to protect the man, not harm him! Ah well.
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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saben
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On fire! |
Registered: May 2003
Messages: 1537
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Paul, I hope people have it in their heart to trust your words, that you never read the story by the other author.
I hope people who were touched by the other stories will find it in their hearts to realise that others will be touched by your stories.
I'd be a shame to have less authors online. I think having more authors- even ones writing similar stories- means that more people will have access to stories that can help them.
Look at this tree. I cannot make it blossom when it suits me nor make it bear fruit before its time [...] No matter what you do, that seed will grow to be a peach tree. You may wish for an apple or an orange, but you will get a peach.
Master Oogway
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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First, some internet copyright reality.....
All intelectual material, in every venue can test under the umbrella of copyright, internet included.
BUT... and this is a HUGE BUT...
Some steps afe most often let out of the internet mix regarding the validity of copyright.
It is not enough to place a copyright symbol on a website or a story housed on a website to validate copyright.
The crucial step which is so often left out is THE HARD COPY TIME STAMP. Which can be completed quite inexpensively by following a simple set of instructions.....
THE HARD COPY TIME STAMP is a real time, printed copy of the origional authors work.
Step one: PRINT OUT AN UP TO DATE COPY OF THE WORK.
Step two: THEN PLACE THE WORK INTO A MAILER OF APPROPRIATE SIZE IN VIEW OF A NOTARY PUBLIC OR SIMILAR LEGALLY APPOINTED WITNESS (cost is about $10.00).
Step three: GO TO THE POST OFFICE, MAIL THE PACKET TO YOURSELF, RETURN RECIEPT AND WITH VERIFICATION OF RECIPIENT (sent with the need to sign for the packet).
Step four: THIS IS THE MOST IMPORTANT STEP... DO NOT OPEN THE PACKET!!!!
By following these simple steps one can legally establish exactly when the intelectual material was copyrighted. This has stood up in court many times and has always prevailed.
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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marc
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Needs to get a life! |
Registered: March 2003
Messages: 4729
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A bit more.....
I make a point to never read stories within the genre I am writing. There are some very few exceptions and those occur only when a story has been specifically recomended to me.
Paul, if you are adamant that your work is your own do not back down. If your story has become as Tim said, "a toil"... think seriously as to wehether or not it is worth the mental exertion.
If you decide it is worth the effort then persue it with a vengence.
You must remember first that your own work is just that, your own.... don't let anyone convince you otherwise.
Life is great for me... Most of the time... But then I meet people online... Very few are real friends... Many say they are but know nothing of what it means... Some say they are, but are so shallow...
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13751
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In the UK the legalities are different. The mere act of writing something is sufficient to create the copyright. Nonetheless your precautions are valid here, too.
[Updated on: Fri, 13 June 2008 11:36]
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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timmy
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Has no life at all |
Location: UK, in Devon
Registered: February 2003
Messages: 13751
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A B S O L U T E L Y
Author of Queer Me! Halfway Between Flying and Crying - the true story of life for a gay boy in the Swinging Sixties in a British all male Public School
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I have read Brew Maxwell's story and have kept it on CD somewhere. I have also read Paul Jamison's first three chapters. Yes, there are similarities in the theme, one set in Florida, one in middle England. Yes, I can foresee Frank Barnes having to go away and leaving William in the complete charge of Paul and Rick; I can foresee Will and Justin becoming boyfriends.
But this is such a common theme that it is no great coincidence that someone else has written about it. If Justin's father turns out to be extremely rich, bankrolls Will and Justin's adventures and employs Paul and Rick at an inflated salary so that they foster hoards of gay boys I might smell a rat, but at the moment Paul's story to me is entirely innocent.
My advice to you, Paul, is that you obviously have a story inside you that needs to get out. Write it, get it off your chest, publish and be damned. It may have become a toil, but who said that the writer's / artist's life and work were ever easy?
Hugs
N
I dream of boys with big bulges in their trousers,
Never of girls with big bulges in their blouses.
…and look forward to meeting you in Cóito.
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Is it even possible to write something today that doesn't touch, in some way, upon a story that has already been written? There are going to be similarities in stories, even when the author has never read any of the "so called" plagiarized material. This is because everything under the sun has already been written about. It takes more than a few similarities to cry plagiarism - or so it seems to me.
Paul, what do the majority of the posters have to say in that thread that's upsetting you? Do they mostly back you? If so, have a clear conscience. Don't let one prick ruin the joy you had in expressing yourself. The world is full of these guys and you're bound to come across them some time or other. If there were coincidences in the stories, they will be less noticeable as your story progresses. Then people can read the two, see the obvious differences, and know what a shnook that guy is.
Youth crisis hot-line 866-488-7386, 24 hr (U.S.A.)
There are people who want to help you cope with being you.
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Many thanks Nigel, I was just a bit numbed when all this kicked off last weekend.
Having read your brief summary I am now content to continue knowing that the story I have planned through, may have initial stage similarities but in essence is my take on an old theme. I guess there really is "nothing new under the sun"
Enjoy it for what It is I have still no intention of reading the other work until I am done and published with "William"
Paul.
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