Arrr, Another Pirate

[Hitch]

Originally Posted by cromag

An update.

First, the audio has been withdrawn -- at least temporarily.

I got a long email from the webmaster/executive producer at the site. He stated that their website is fairly new and that they are trying to be a legitimate market for short horror fiction.

The beginning of the email was pretty apologetic. According to him, they received my story as a submission at their website by someone using my name and claiming to be me. That person provided links to my Smashwords author page and the story at Amazon. They performed a Google search -- but that only confirmed that someone with my name wrote that story. He didn't go into detail, but he did say that they were apparently "swindled."

By the end of the email he was a bit defensive. He pointed out that two people have represented themselves as me and how does he know who is who. He asked me for some proof that I am who I say I am, and that I own the copyright.

My first response was to log into my account at Smashwords and take a screenprint of my profile, clearly showing that I have the ability to edit my biography, change my account details, etc.


But this poses an interesting problem. If someone using your name sold the rights to one of your stories ... how would you prove that it was your story, and that you are you?

This story is an interesting case. I wrote it 35 years ago, which means I wrote it on a typewriter (an Olivetti Editor II, a wonderful machine). In the years since then I moved four times, but somewhere in my crawlspace I probably still have the onionskin carbon copies (there go the young kids, off to Wikipedia), a copy of the check from the magazine (with a conditional endorsement granting "First North American Serial Rights") and my correspondence with various editors. It would be a pain in the butt, but I might be able to find it.

But today I do all of my writing on a computer. How would I demonstrate that my .doc file was the original?

(There's probably a story in there!)

Where's your original registration from the US Copyright Office? That's the simplest thing to do. Even today, you can register via ECO and get a registration notice. Whether you wrote it on a typewriter, on onionskin (yes, I know what that is), etc., you would have, particularly back then, registered the copyright. Why not just use that?

Although I'd say, lacking that (I could never find anything of mine from 35-40 years ago), the copy of the check with the conditional endorsement is most likely your best weapon. I know you've subsequently resolved this--by being forced to give them an image of your SW dash--but for others out there, this is why that $35 is worth spending.

With regard to, how do you prove you are who you say you are, this is an issue that arises all the time in law, particularly in a world where many people share identical names. Somebody here said that Amazon doesn't ask for verification, and if we're talking outright identity theft, that's true. If you give them a name that matches the EIN or SSN that you give them, they're fine with that. That's a horse of a different color. But every single one of our backlist publishers did have to send Amazon copies of their rights-reversal letters, so hopefully there's some comfort in that.

This is also why creating a "contact me" email address, that's EASY to find, whether on Smashwords, Amazon, inside the books, etc., is important. Cromag, did you already have this? Did the YT guy use that email address, or even GLANCE at it, to ensure he was receiving email from the actual author? I try to get our clients to put a specific, only-for-rights/copyrights issues email addy on their copyright page, if naught else, just for this reason.

To my endless horror, there's someone with an identical-to-mine name, who apparently is a FELON on the east coast. She has a nasty record, and this pops up in people's searches on me. That's not fun. And I have on occasion wondered if it affects my company, overall. My happier days--not that long ago--of having ZERO presence whatsoever on the web are gone; nobody (smart) will do business with a web-based company that has no "face" or person behind it. Anyway, I digress. Back directly OT:

The onus isn't actually on the author to prove that s/he is who s/he says s/he is, in this type of case; it's on the unauthorized user. In a court case, each side would have to pony up their due diligence, and while you don't have to do diligence to prove you're you, the guy with the YT site certainly should have done more diligence to prove that the guy from whom he bought the rights (how much DID you get swindled out of, anyway??? If the bogus you got paid?), was indeed you. I'd also note that if Bogus Guy really exists, the payment can be TRACED, and he could be prosecuted, because while copyright infringement carries worthless penalties under criminal law, (and civil, for that matter), identity theft has REAL teeth. (Just an idea. If it were me, I'd chase him like the Hounds of Hell were on his heels.)

Hitch

[cromag]

Originally Posted by Hitch

...
This is also why creating a "contact me" email address, that's EASY to find, whether on Smashwords, Amazon, inside the books, etc., is important. Cromag, did you already have this? Did the YT guy use that email address, or even GLANCE at it, to ensure he was receiving email from the actual author? I try to get our clients to put a specific, only-for-rights/copyrights issues email addy on their copyright page, if naught else, just for this reason.
...
The onus isn't actually on the author to prove that s/he is who s/he says s/he is, in this type of case; it's on the unauthorized user. In a court case, each side would have to pony up their due diligence, and while you don't have to do diligence to prove you're you, the guy with the YT site certainly should have done more diligence to prove that the guy from whom he bought the rights (how much DID you get swindled out of, anyway??? If the bogus you got paid?), was indeed you. I'd also note that if Bogus Guy really exists, the payment can be TRACED, and he could be prosecuted, because while copyright infringement carries worthless penalties under criminal law, (and civil, for that matter), identity theft has REAL teeth. (Just an idea. If it were me, I'd chase him like the Hounds of Hell were on his heels.)
...

I did not have a way for strangers to contact me. I admit that I didn't foresee this sort of thing, which is one of the reasons I started this thread up -- a reminder that if it can happen to me ...

I have since started an "author's page" at Facebook and I reference it at Smashwords, Goodreads, etc. I'll be including it in future work, and editing my existing stories to include it shortly.

I have also opened a new mail account at Gmail. Right now I use it as a way to contact publishers, etc. I specifically opened it for this case.

I didn't specifically ask, but I do not believe that whoever impersonated me was paid -- the website's published terms exclude payment. I think I may have had them over a barrel because they had already invested in the production, but any payment I could have gotten would have been a token payment, and, as it stands now, we're on good terms.

[Hitch]

Originally Posted by cromag

I did not have a way for strangers to contact me. I admit that I didn't foresee this sort of thing, which is one of the reasons I started this thread up -- a reminder that if it can happen to me ...

I have since started an "author's page" at Facebook and I reference it at Smashwords, Goodreads, etc. I'll be including it in future work, and editing my existing stories to include it shortly.

I have also opened a new mail account at Gmail. Right now I use it as a way to contact publishers, etc. I specifically opened it for this case.

I didn't specifically ask, but I do not believe that whoever impersonated me was paid -- the website's published terms exclude payment. I think I may have had them over a barrel because they had already invested in the production, but any payment I could have gotten would have been a token payment, and, as it stands now, we're on good terms.

Hmph.

But...I am not following something then. Surely, the FauxMag would have expected, what? Some share of royalties? From the "premium" edition you mentioned, some posts back? Otherwise, why go to this rather elaborate scheme? Pirating a book and putting it on a torrent is, I'm told, shockingly easy, so if all he wanted to do was that, he could have. This "swindle," (as the website owner called it) is obviously designed for some form of compensation, now or in the future. It just doesn't make sense to go to these lengths, otherwise. What's the difference, really, between this and filling out a credit card application in your name, and receiving the card, but having not yet used it? (Nothing, I believe, from any competent legal standpoint).

In any court of law, that's identity theft, or at the very least attempted identity theft, with a whole host of lesser-includeds. I would quite seriously speak to the police about this. No, it's not murder, but for all you know, he's doing the same thing to hundreds of other authors, with all those myriad websites out there existing to earn a living from writers (yes: I worry that this could happen to us, with someone passing off a book as his/her own, trust me. We look up websites, facebook pages, etc., for everyone who comes to us, as best we are able.). I would at the least write up a detailed report and schlep it down to the local constabulary, and look into who deals with "cybercrime," and see if you can get it looked at there.

I don't mean to sound naggy; I just think from a prevention standpoint, it would be worth looking into reporting it some-how/way. Now, that's just my $.02, and worth less than that, I'm sure, but this sort of thing needs some nipping in the bud. Enough (worthy) authors out there scraping along as it is; the idea that if the "premium" book could have done well, he'd have gotten money that was rightfully yours...seems a bit pesky.

And I still don't understand all the language on the YT site, about "supporting authors, blabbety-blab," if NO payment of any kind was involved. 'Tis a logic puzzle: how can both A and B be true? If A (no payment is made, as you mention, in the T&C or FAQ) is true, then B (Supporting artists and authors) cannot be; and vice-versa. Do you see what I mean?

Hitch

[cromag]

The website seems legit. I was concerned they were pirates, but they took the audio down the day they got my email (before I got a reply from my email) and just generally behaved in (what appears to me) a reasonable manner. I'm not enthusiastic about their business plan, but they appear to have been honest and responsible since I contacted them.

They make their money from monetization on Youtube ads and by selling the audio downloads on their site.

As far as the advantages to me, you're right -- the "supporting the writers" claim is overoptimistic at best. I'm also skeptical that listeners will buy the same same story they can listen to for free -- like the argument Napster made that people who downloaded free MP3s would then buy legitimate copies. But far more people visit this website and view/listen on Youtube (nearly 4000 views on Youtube alone in the month that it was up) than have ever checked out my stories. Far, far more. If even a small percentage are interested enough to follow the links and learn about my other stories, which are not available as free audios, I stand to gain. If not, I've lost future revenue from one story (that, frankly, hadn't sold very many copies in the time it has been available). It's a risk.

As to who sent them my story claiming to be me? I don't know. If I had to guess I'd say it was someone, maybe a kid, who liked the story and wanted an audio of it. The short horror audios (and videos) are collectively known as "creepypasta" -- which I know only because my son is a big fan. He watches and listens to them at night.

I've encouraged the website to report it as cybercrime to the appropriate authorities.

[Hitch]

Cromag:

I didn't mean to say that the YT site was a pirate site. I'm not crazy about the misleading implication that somehow, you're getting shekels from the paid audio downloads, but I understand your business reasoning, vis-a-vis, exposure and possibility of having people buy your other works.

My whole "big" issue is with the impostor. It just seems bloody odd to me. And I suppose you could be right; a teen that wants an audiobook, but...man, ODD. That's my opinion, FWIW.

Hitch

[ApK]

Originally Posted by Steven Lake

I actually feel honored to be pirated.

Umm....ok, swell for you. You realize, hopefully, that as the rights holder, you can simply ALLOW your stuff to be distributed freely, and then you are NOT BEING PIRATED.

And it's very hard to tell from the tone of your message, but hopefully you also realize that you do not speak for all content creators, and that many do NOT feel honored to have other people selfishly make these sorts of decisions for them without permission, disregarding the law that is supposed to help protect their rights and give them some control over their work and livelihood?

There's a great number of selfish, anti-social people who just want to get some stuff for free. They latch on to posts like yours as a rationalization for how their breaking the law for their own benefit and trampling the rights of others is some how a good thing. They like to think that when they decide to take stuff they are not entitled to and take away the rights-owners ability to choose, which the law is there to protect, that they are honoring them and doing them a favor. They're not.


ApK

[mrmarlowe]

Originally Posted by cromag

Considering the fact that I'm still saving up my writing "income" until I have enough to buy a large coffee at Starbucks, I seem to be remarkably popular with pirates. I just encountered an unauthorized "audiobook" of one of my stories. It's being hosted, free, at a website (which bears its own "copyright" notice) ... and the website posts its works on YouTube. It was posted a few weeks ago, and has already racked up several thousand views -- numbers that I can only dream about.

Of course, as any musician can tell you, having your work posted for free doesn't make it more likely that anyone will buy the original. But, as even my brother pointed out, they did a very professional job. Getting it taken down at YouTube is mostly a hassle, but really going after this would probably involve more time and money than I have.

So, has anyone else faced this? What would you do?

If only I had your kinda luck!

[avantman42]

Originally Posted by Steven Lake

A true author isn't in this to make money. They're in it for the fun, and to entertain people along the way. Because if you're in it for the fame and money, you're in it for all the wrong reasons.

I don't worry about piracy, but equally, I take issue with your statement that "A true author isn't in this to make money." Catherine Ryan Howard expressed why better than I can:

And as I’ve said before, if you don’t want to make money from your writing then I can only conclude that you don’t love writing as much as I do, because it’s the thing I love to do the most and I want to do it all the time, and if I don’t generate an income from it, I have to do something else, something I don’t love, for the majority of each and every day. And that would suck. That doesn’t mean I would only write if there was the promise of financial compensation, but if there is financial compensation, that’s obviously better, because it means more time to write.

As ApK says, if you don't want to make money, you can give your stuff away. If you want to do that, great, go ahead. I have no issue with that. Your post suggested that you think no-one should try and make money from their writing, and I do have an issue with that.

[Hitch]

Originally Posted by avantman42

I don't worry about piracy, but equally, I take issue with your statement that "A true author isn't in this to make money." Catherine Ryan Howard expressed why better than I can:

And she did it well, although I think she's more polite than many successful authors I know, many of whom wouldn't write, at all, if they had an independent income.

As ApK says, if you don't want to make money, you can give your stuff away. If you want to do that, great, go ahead. I have no issue with that. Your post suggested that you think no-one should try and make money from their writing, and I do have an issue with that.

Warning, rant on:

Oh, one of my favorite memes! That "real" authors aren't in it for the money. You know, I think we can lay that old chestnut at the feet of the Church, as I've said here, on MR, before. The early Christian/Catholic Church invested a LOT of time and energy convincing artists, who should have been PAID ACTUAL MONEY that doing their work for free, for "God," was somehow better and holier and just...better, than expecting filthy lucre. It's a mindset that still continues today, and you don't just see it in the arts, although it's dreadfully noticeable t/here. The Church got away with that codswallop, because they could sell it--after all, who else can offer a stairway to heaven? But they aren't the recipients of your labors now, and that bit of clever manipulation should no longer make you think that you should be writing for free.

I've seen women who own stallions protest vehemently that they don't own them to "make money," as if making money is somehow dirty. It's a ludicrous discussion; there's no reason on God's green earth to own a stallion if you're not going to use him for stud. (There is some discussion that competition stallions are "braver" than geldings, but that's anecdotal and unproven. They are certainly NOT easier to handle at competitions, I can tell you that first-hand.) Men, on the other hand, who own stallions will freely say that OF COURSE, they plan to make money on them, and will look at you like you're deranged if you suggest any other reason to own one. This causes me to ponder whether this (demurrer) is also gender-based, to some extent. (I will never forget the woman who posted that "[I] just don't understand the bond you can have with a stallion," which would have been a lot more impressive if a) I didn't already have one and b) she hadn't handed that self-same horse off to someone else a few months later because she could no longer handle him, but I digress. Back to ranting.)

In any event: if authors didn't want to make money; if it was all about being READ, they'd put their stuff up on Smashwords, put it on Scribd, publish entire books on Goodreads, all for nothing, and be utterly and completely content. The MOMENT you put your work up with a price-tag attached, you've said to the world that your effort deserves compensation. That your writing work stands with other published authors. That it's good enough to pay for. Any other mindset is cognitive dissonance, if you tell yourself that you're "in it for the art," while you're pricing your work. OR, you'd send submission after submission to agents and publishing houses and paper your WC with rejection letters (assuming arguendo that such arrived) and yet, be gleefully happy at the same time.

It could also be a defense mechanism, I suppose; a way to hedge against failure. (This is not directed at ANY poster on this thread. I'm thinking aloud). I mean, if you are not successful at publishing, and you say you're only in it for the writing, then you haven't failed. But we seem to fairly easily talk about painters who cannot sell paintings as "failed artists," so...I wonder why we have a different standard for all those poor bastards in Paris, after all?

And, in case anyone wants to know: I damn sure well am NOT IN IT for love. I am NOT in making books for anything but filthy lucre. There. I said it aloud. I'm not here for the beer, I'm not here for the fun (well...in book-making. I'm on MR for fun, mostly); I'm just making books because it EARNS. Anything else that is WORK, that doesn't pay, is an utter waste of my time. I, filthy capitalist that I am, do not do "work" for nothing.

And if you're an author, you're getting PAID. That's WORK. If you're a "writer," and you're not getting paid, that's a hobby; you could be making journal entries or sending love-poems to your beloved. AUTHORS are paid writers. You do yourself a disservice if you tell yourself anything else.

</rant off>

Hitch

[HarryT]

Originally Posted by Steven Lake

A true author isn't in this to make money. They're in it for the fun, and to entertain people along the way. Because if you're in it for the fame and money, you're in it for all the wrong reasons.

So you're saying that Dickens and Shakespeare were not "true authors", because they were most assuredly only in it for the money? .

I'm another member of the "I'm only in it for the filthy lucre" club. Back in the far-off days when I wrote physics textbooks, it was for money, pure and simple.

[Lemurion]

I might write fiction just for fun, because I do enjoy it.

Most of my weekly word count isn't fiction, though. It's about boring topics with only one redeeming feature, people are willing to pay me to write it.

Yes, I write for money.