May 05 Written by 

Stealing Prose

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Author-friend's nonfiction prose article was published by a good litmag about 15 years ago. Long before that, pre-Internet, the mag, without authors' permissions, had agreed to allow its contents to be republished in a lit-crit series sold to libraries. This series was later sold to a database, which allegedly "licensed" the article for use on a website -- one that caters to lazy or dishonest students, providing downloadable research papers, articles, bibliographies, and so on. The author was stunned to find the article there, priced at $6.99.

Author contacts this Plagiarism-R-Us website. Meets with arrogance and refusal to remove the work. Database which allegedly "licensed" the article ignores Author's phone call and letter. Author contacts website's apparent ISP, which says it isn't the site's ISP. Nevertheless, after months, article is finally removed.

Author learns that although the copyright reverted to the author after publication, unless it was then specifically registered with Library of Congress, the author's right to this individual article is essentially theoretical. And it's highly unlikely damages could be recovered, for example, in court.

Screenwriters have a union. Songwriters have a union. For freelance writers there’s a National Writer’s Union offering legal advice and grievance assistance to members ($120/year) -- but how many editors would cheerfully “Hire a Union Writer!”? The Author’s Guild offers members ($90/year) much the same support, plus health-insurance deals, but no self-published authors are allowed.

Now read this again and underline every snag, snafu, artificial difficulty, loophole, clusterf---, and cryin’ shame in this true story about our profession.
Catherine Rankovic

Writer, with 30+ years' writing and publishing experience, 20+ years' teaching experience. Last book read: Mrs. Lincoln by Catherine Clinton.