(shop) anonymous copyright?
Art Monk
still have copyright? If so, how is it established?
Art Monk
doc
I believe he does. I did a quick Yahoo! People Search and found over 200
listings for Stephen King in the USA alone. At least one of those poor
bastards must be an aspiring writer and he's just going to have to use a
pseudonym, I'm afraid.
I'm not real sure on how the copyright is established, but every message
has a distinct identifier, so maybe that would help. Having the story on
your hard drive with a date that predates posting might also help. Getting
a bunch of your friends to swear in court that you're Art Monk might work,
too, if they're upstanding citizens and relatively sober at the time of
testimony. In short, I really don't know. Good question, though.
Best,
doc
Alaric
exists as soon as you write the story. As for proof - e-mail it to yourself.
"Art Monk" <long...@YAC.com> wrote in message
news:a%F0d.35169$lP4.2...@news20.bellglobal.com...
Art Monk
Alaric wrote:
> Copyright isn't established through posting. It's established by writing. It
> exists as soon as you write the story. As for proof - e-mail it to yourself.
Thanks for the info.
Regards,
Art Monk
Art Monk
doc wrote:
> Art Monk <long...@YAC.com> wrote:
>
>>If someone posts a story here through an anonymous remailer, does he
>>still have copyright? If so, how is it established?
>>
>>Art Monk
>
> I believe he does. I did a quick Yahoo! People Search and found over 200
> listings for Stephen King in the USA alone. At least one of those poor
> bastards must be an aspiring writer and he's just going to have to use a
> pseudonym, I'm afraid.
Interesting issue. Unless SK has trade-marked his name, everyone whose
name it legitimately is should be free to use it. Andrea?
Regards,
Art Monk
Servo
Art Monk <long...@YAC.com> wrote in message
It's not particularly easy to locate specific opinions of this subject, but
given the basics of trademark law and the fact that many published authors share
the same names--and that one seldom hears about the issue--my inclination is to
say that there is no protection for authorial names. When researching
copyright/trademark on this, one is struck by the absense of the concept.
I will note that on one website someone ventured the opinion that a writer using
the name "Stephen King" to write horror would have legal problems, but it did
not seem an authoritative source worth citing.
If there were case law relating to this, I'd suspect it would be more likely to
arise in the "unfair competition" realm than trademark or copyright.
See http://www.mycorporation.com/trademark/rejection.htm
"Names of Artists and Authors. A mark used solely as an author's name, even on
multiple books, does not function as a trademark."
Probably the most explicit comment I could find.
See http://copylaw.com/new_articles/trademrk.html#misuse
"e. Misuse of an Author's Names: Under federal and state unfair competition
laws, an author can sue for false advertising, or false designation of source,
if their contribution to a work is inaccurately described. Likewise, an author's
rights may be violated if they are attributed, without their consent, as the
author of a substantially altered version of their work. Of course, the changes
must be broad enough to make the new work materially different from the
original. If the work is distributed outside the United States, the author may
also have a claim for violation of their 'moral rights.'"
Note the absense of explicit mention of authors using identical names.
See http://papers.ssrn.com/sol3/papers.cfm?abstract_id=581821 regarding "The
Birth of the Authornym: Authorship, Pseudonymity, and Trademark Law"
http://www.wiredlaw.com/articles/ip101.html
"UNFAIR COMPETITION
"However, a multimedia work may also take on a form that outpaces, or is outside
the legal protection offered by these three traditional types of intellectual
property protection. The law of unfair competition is an area of law that is
important to today's developer in that many of the newest multimedia works (e.g.
virtual reality) are stretching the envelope of today's technology, and
consequently, traditional intellectual property laws. Should current statutory
law fail to keep pace with these changes, and the author finds his work being
exploited by others, the only protection that may be available is a claim under
the law of unfair competition."
Note again the absense of explicit mention of authors using identical names.
Servo
Art Monk
Art Monk
doc
I wasn't trying to say that a Stephen King can't use his own name; he can.
What I was trying to say and didn't say at all was that any story published
by another Stephen King is going to be confused with the Stephen King we're
all familiar with. Probably, a publisher would ask him to use another name.
Best,
doc
Mick
I vaguely remember some anecdote about that. Like, a chap called Steven King
wrote a horror book and the publisher asked him to use his middle name instead
of 'Steven'. Something like that, anyway...
Don't mind me, just burbling away in the corner here...
Mick.
--
"You are the music while the music lasts" - Antonio Damasio (after TS Eliot).
doc
>
> I vaguely remember some anecdote about that. Like, a chap called Steven
> King wrote a horror book and the publisher asked him to use his middle
> name instead of 'Steven'. Something like that, anyway...
>
> Don't mind me, just burbling away in the corner here...
>
"And, as in uffish thought he stood,
The Jabberwock, with eyes of flame,
Came whiffling through the tulgey wood,
And burbled as it came!"
Had to do that, Mick; you're the first person that I can recall to use
'burble' in a sentence.
Best,
doc
Servo
Mick <mic...@hotmail.comNOSPAM> wrote in message
news:414466F3...@hotmail.comNOSPAM...
Are you leaking again, Mick? I hate it when that happens.
S
doc
> >
> > Don't mind me, just burbling away in the corner here...
> >
> > Mick.
>
> Are you leaking again, Mick? I hate it when that happens.
>
> S
Your values don't even amount to the cunt hairs that fall off my
grandmother's twat, Servo. Do your keeper a huge favor, boy: introduce your
wrists to a sharpened knife, you pussy-whipped, cattle-groping,
armpit-licking, ass-guzzling, Zen-nibbling, shit-brained dickweasel.
doc
Servo
doc <docfa...@yahooNOSPAM.com> wrote in message
news:20040912162913.918$f...@newsreader.com...
You get around to an attack on everyone, sooner or later, don't you?
I won't even attempt to fathom what triggered this little outburst, but it looks
like you've been sipping the Sterno again.
Robert
Damn, Doc. That Rocked!!! NOW is the time to yank out, as one would a
throbbing member, his writing tools and get down to angry fiction
business. NOW!!!
I've printed your story, it's a long one, want to get to it when I
have a half hour uninterrupted.
Good to see you writing again.
--R
doc
> doc <docfa...@yahooNOSPAM.com> wrote in message
> news:20040912162913.918$f...@newsreader.com...
> > "Servo" <divi...@zero.moc> wrote:
> >
> > > >
> > > > Don't mind me, just burbling away in the corner here...
> > > >
> > > > Mick.
> > >
> > > Are you leaking again, Mick? I hate it when that happens.
> > >
> > > S
> >
> >
> > Your values don't even amount to the cunt hairs that fall off my
> > grandmother's twat, Servo. Do your keeper a huge favor, boy: introduce
> > your wrists to a sharpened knife, you pussy-whipped, cattle-groping,
> > armpit-licking, ass-guzzling, Zen-nibbling, shit-brained dickweasel.
> >
> > doc
>
> You get around to an attack on everyone, sooner or later, don't you?
Your total worth amounts to less than the juice squeezed from an old
whore's soiled Tampon. If you had any sense of decency, you'd do a triple
summersault through the air and disappear up your own asshole, you rectal
rim-polishing runt, with a patented Twist N' Tuck tongue technique.
>
> I won't even attempt to fathom what triggered this little outburst, but
> it looks like you've been sipping the Sterno again.
You are nothing more than the contents of a slop bucket in an enema clinic.
Do the decent thing for once in your life and go skydiving without a
parachute. Oh! and take Zen with you.
doc
Dr Zen
It's one of the golden rules of the Uselessnet: sober up first.
Zen
Servo
Dr Zen <gol...@hotmail.com> wrote
> >> You get around to an attack on everyone, sooner or later, don't you?
> >
> >Your total worth amounts to less than the juice squeezed from an old
> >whore's soiled Tampon. If you had any sense of decency, you'd do a triple
> >summersault through the air and disappear up your own asshole, you rectal
> >rim-polishing runt, with a patented Twist N' Tuck tongue technique.
> >
> >>
> >> I won't even attempt to fathom what triggered this little outburst, but
> >> it looks like you've been sipping the Sterno again.
> >
> >You are nothing more than the contents of a slop bucket in an enema clinic.
> >Do the decent thing for once in your life and go skydiving without a
> >parachute. Oh! and take Zen with you.
> >
>
> It's one of the golden rules of the Uselessnet: sober up first.
>
> Zen
You see what I get for treating you with civility?
This guy's out-Westerwailing even Robert himself, really elevating the level of
discourse in AFO. Never mind that it's floating high atop sewage.
In three posts, this guy's managed to spew more execrable bilge than all your
derogatory remarks and ill-tempered appellations put together.
Art Monk
doc wrote:
> I wasn't trying to say that a Stephen King can't use his own name; he can.
> What I was trying to say and didn't say at all was that any story published
> by another Stephen King is going to be confused with the Stephen King we're
> all familiar with. Probably, a publisher would ask him to use another name.
Yes, probably. Someone once said that dramatic performers take on
professional names because ACTRA registration requires unique ones. If
there were a writers' union, the same would be the case with us.
Regards,
Art Monk
Mick
Great, I've always loved Jabberwocky. It was the first poem I learned to
recite after kindergarten 'Mother Goose' stuff. I also occasionally use
beamish and galumphing, and I've used whiffling, but I don't think I've ever
used tulgey, although I would happily chortle over any such use.
Mick
It's no problem as long as you don't step in it.
Robert
wrote:
>
>This guy's out-Westerwailing even Robert himself, really elevating the level of
>discourse in AFO. Never mind that it's floating high atop sewage.
>
I like how cunt has me on his mind during daynight time like moon and
sun blinding him from productive action. Make me feel swell inside.
Swollen swell.
Dr Zen
wrote:
He only has to mention your name, little Robert, and you run like lost
child, beg praise daddy praise daddy, love me, little Robert lonely,
lash out if you don't.
Zen