© 2014 by By Lisa Morton
Your morning starts like any other: You wake up, shower, get your coffee, sit down at the computer, take a look at your e-mail, then do a little web surfing. Your favorite message board for writers is talking about someone who just had a story stolen by an unscrupulous individual who tried to pass the story off with their name on it. Uh-oh, you think to yourself, I think I submitted something to that guy once. You Google your story title, and then stare in disbelief when you find it copied to a public file-sharing site and available for free download--with your name replaced by the thief's, to boot.
What do you do?
First, let's talk a little about how work can be pirated online (and please note---this article is not about what to do if your manuscript is stolen and turned into a bestseller; there are lawyers for that. This is about you, the author, protecting yourself from the kinds of piracy happening online every day now). Here are the most common situations:
Now, before we look at each of these situations in greater detail, let's address something that applies to every single instance of copyright infringement: It is up to YOU, the original author, to do something, and you MUST do something. If you, the copyright holder, know about an infringement and do nothing, you leave yourself open to the infringer later using that as an argument against you and getting away with the infringement. When you write an original work, you automatically own the copyright on that work (although it's not a bad idea to include a line like "copyright (year) (your name)" at the front of every manuscript---I put it right above the word count); you don't need to officially register the work for copyright, and that would hardly be practical with every short story or article, anyway. However, the difference between filing or registering a copyright and using a Common Law copyright can be substantial and far too detailed to go into here. Suffice to say that it can be the difference between obtaining statutory damages in a lawsuit and having to prove damages. Getting statutory damages is far easier and is usually far less expensive in terms of the legal fees (and this is why copyrights are registered on more substantial works).
Remember, the work is YOUR property, and no one will ever be as interested in protecting your property as YOU. I've seen writers shrug off blatant plagiarism ("oh well, it's only one case, and no one will ever read it on that website, and it's too much trouble to try to deal with"), and I'm always perplexed by this laissez faire attitude. This is your property, your career, and your legacy; you wouldn't let people walk away with pieces of your house, right? And besides, if someone is pirating your story, you can bet they're doing it with others, too; you owe it to your fellow writers, if not yourself, to stand up to these criminals.
The most basic thing I would recommend for every writer is to create a Google alert for your name. Even if you have a very common name (like mine) and fear you'll be overwhelmed with alerts that have nothing to do with you, you need to do this; this will let you know every instance of any of your work posted online that still bears your name, and it will also alert you to any discussions about you (for example: "Hey, did that new story Dave Horrormaster posted today remind anyone of a story by Ann Penner?"). Besides, it's also free and easy, and can lead to fun results as well. First I'd recommend creating a Google account, if you don't already have one. Just head here:https://www.google.com/accounts/NewAccount?continue=https%3A%2F%2Fwww.google.com%2F&hl=en
...and follow the directions. Having a Google account will let you do other cool things, too, like create your own library from Google's public domain books, use Google documents (for file storing), and make a Gmail account for online e-mail.
Here's how to make your Google alert:
That's it! You've now created a Google alert for your name, and every time Google's little search robots find another example of your name listed for any reason on any web page, you'll get a cool little e-mail notice with a link to the newly-found page.
But your name isn't the only use for a Google alert - you can also list a title or a character. I've created Google alerts for all of my books and for certain key short stories; not only will I know instantly if any of these works are plagiarized and reposted somewhere on the web under the original title, but I also get notified of new online reviews or discussions. You can create up to 1,000 Google alerts, so it'll be a while before you use 'em up. And with your Google account you can log in at any time to edit or delete your alerts.
One more word about Google: If you're trying to search for a work that you suspect might have been stolen and the title changed, try searching for a very specific line of text from the piece. Choose a line that's fairly distinctive, something with either odd names, unusual words, or a strange happening; it doesn't matter how long it is, if it's got enough distinctive elements. Remember to enclose the line in quotation marks before you run the Google search. If the work has been pirated, this search method should turn it up, even if the author name and/or title has been changed. I've never gone so far as resorting to making Google alerts from lines of text, but I suppose there's no reason you couldn't (just remember those quotation marks).
Now, let's go back and look at our four situations outlined above, and take them one-by-one.
In the first scenario, your work has been posted online somewhere, with no changes made---you are still identified as the author. In all likelihood, this was an innocent act on the part of the poster---your work had an impact on them, and they just wanted to share that with the world---but they haven't stopped to think that by posting that work, they are potentially depriving you of sales (since no one has to buy anything to read the story). In this situation, your best approach is to contact the fan; look for a link on the blog or website, or post a comment. Politely thank them for their interest in your work, but remind them that they are committing copyright infringement by posting the work, and request that they remove it immediately. In the unlikely event that they either refuse your request or just ignore it, you'll need to go after whoever hosts the site. If it's a blog on a blogging service like livejournal or wordpress, that'll be easy: Go to the site's main page and look for a "Contact" link; from that link, you'll probably even see a specific link or button for "Abuse". Most major websites will respond very quickly to charges of copyright infringement and will either remove the offensive material or even close the culprit's account within hours. Likewise, if the material has been posted on a file-sharing site, a free website like freewebs.com, a discussion forum, or some other public group site, always look for the "Contact" link.
Things get more difficult if the material has been posted to an individual's own domain (www.lisamorton.com, for example). If the individual refuses to acknowledge your request to remove the copyrighted material, you'll need to find out who is hosting that domain. First, go to http://www.whois.net/, and type the domain name into the "Whois Lookup" box. This will take you to a page where you'll be able to see information on the domain---what you're really looking for here is the "nameserver" (ignore "Registrar", "Whois Server", and "Referral URL"---these may not have anything to do with the company hosting the site). For example: The "nameservers" on www.lisamorton.com are listed as "NS1.LUNARPAGES.COM" and "NS2.LUNARPAGES.COM". A quick trip to lunarpages.com reveals that they are a major hosting service, and there are "Contact" links galore all over their site. Again, an e-mail to the domain host notifying them of an act of copyright infringement on one of their user's websites is likely to result in a rapid removal of the copyrighted material. Occasionally, the results from a Whois search may be confusing, in which case I recommend using www.whoishostingthis.com.
On to the second situation now: Your story has plainly been stolen by a deceptive individual whose goal is to present your work as his or hers. Here's something I've noticed about plagiarists in this category: They're inclined to be lazy. Unlike the avid fan who will willingly re-type a story they've read in a book, the knowing plagiarist is probably only going to rip off a story he already has easy access to, meaning he owns an electronic copy of it. A crucial question, then, becomes: How did the plagiarist obtain that electronic file?
There are a lot of ways, and you should stop and think before you do any of the following:
In general, be wary of any publisher who doesn't offer advances, who has no reputation (don't be afraid to Google new publishing names), who either doesn't offer a contract or who offers a poorly drafted contract, or who has a badly designed website hosted on a free service.
Permit me to offer up one nightmare scenario that was reported by several unwary authors: The authors, anxious to make that first sale, found "Publisher X" listed at ralan.com, a website that lists open markets (ralan, by the way, acted promptly to remove all listings from "Publisher X" when made aware of this scam). They sent a manuscript to X, and were thrilled to receive acceptances a short time later. X threw together a barely-adequate layout on the books, which then appeared at Amazon with a higher-than-usual price. X now made a gracious offer to his new authors: If they wanted significant discounts on their new books, they could purchase in bulk from X. The authors immediately sent hundreds of dollars to X…who of course never sent the books (in classic conman fashion, X responded to e-mails by first invoking pity---"my mother is very sick"---and then playing the bully, before finally ceasing to respond altogether). But it doesn't end there: Some time later, the authors discovered that X had continued to list their books on Amazon…but with X's own name now listed as author.
A few quick Google searches on Publisher X (whose reputation even at the time these authors were submitting was shaky) and some extra caution could have saved both of these writers a tremendous amount of time, stress, and money. However, even the smartest of writers can fall for a scam, perhaps as a result of a flattering e-mail ("I love your work and I'd love to have a story from you!") or appealing to charitable instincts ("I'm putting together a book to benefit sick puppies, and I know you love puppies as much as I do"). If you've given an electronic file to someone who you've since become suspicious of, Google the title or a specific line (don't forget those quotation marks) IMMEDIATELY; if nothing comes back, create a Google alert with at least the title, possibly a line of text.
However, if you do get a hit and find that your file has been plagiarized, here are the steps you should take:
Now, what if you find out the plagiarist has been attempting to profit from the theft of your work (as outlined in Situation #3 above)? Well, you should still follow the steps outlined above, but you might also consider seeking legal counsel (and yes, you can consider that for a situation where the thief has not attempted to re-sell the work, but given how much of your life it's going to eat up…well, it's up to you). In this scenario, I'd especially suggest making a solid effort to find out if the plagiarist has committed theft with other authors; if enough of you band together, you can make a more solid case and perhaps share the effort that will be involved. You'll want to seek out a lawyer who is well versed in copyright law, and have your case clearly laid out (with appropriate documentation) before you approach the lawyer. You'll probably have the option of seeking criminal charges or merely pursuing civil action.
The last situation is piracy via bit torrent. In case you're not familiar with bit torrent, here's a brief explanation: Bit torrent is normally used in the case of very large files, like movies (most document files are comparatively small). Let's say you have a file that's 100 megabytes in size; well, if you host that file on your website and a lot of people start downloading it, you're likely to crash your server. But if you take that file and break it up into a hundred little 1 megabyte files hosted at a hundred different websites, nobody's server is going to crash. Bit torrent software takes the original file (called the "seed") and breaks it up into "bits"; each bit is encoded and linked to the next bit. Now, as you can probably guess, this makes it extraordinarily hard to remove material pirated and sent out as a bit torrent---not only do you have to track down a hundred different websites and notify all of them that they're hosting illegal material, but you first have to break the way the bit torrent has encoded the files. Add to that the number of bit torrent sites that are run as private members-only clubs, and you'll see why it's essentially impossible for an individual to delete pirated material. What all this means is, unfortunately, that you are out of luck if you find your material available as a bit torrent; all you can do is notify your publisher and try not to grit your teeth too much.
That's about it. Hopefully you'll never have a need to put anything here into action, but in case you do, I urge you again: DO IT. Let me offer up one final horror story: One writer who'd been plagiarized (and didn't know it) suddenly found himself accused of plagiarism when a prospective publisher found his story listed elsewhere with someone else's name. Your good name and work are your best assets as a writer. Protect them both.
(Special thanks to Hal Bodner for his legal expertise in preparing this article.)
© 2010 by Lisa Morton. All rights reserved. May not be reproduced or distributed without the author's written permission. Permission is granted only for posting on the World Wide Web at https://horror.org/, though hyperlinks to the article at this URL are encouraged.