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Topic: Literary Litigation
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| Author | Message |
| Razor | Posted – 8/18/2005 10:53:08 PM | show profile A few months ago, I received a letter and supplemental materials/notice of class action lawsuit settlement, (www.copyrightclassaction.com) and a claim form, for Literary Works in Electronic Databases Copyright Litigation, which needs to be filled out by Sept 30. The form includes a section for names of publishers, literary works, and section to check on whether or not I've copyrighted my work with U.S. Copyright. Has anyone else received this? If so, I'd like to hear from you. I was advised by a colleague in the same company I work for to not send it in, as it might tick off my employer. Any advice from some of you very seasoned writers would be greatly appreciated. |
| Babe Ruth | Posted – 8/19/2005 1:00:33 AM | show profile Me too... I just might fill mine in. After all, my publisher sold the e-rights to my stuff without giving me a cut. I didn't go out of my way to get the letter, but it came to me and, really, I would be falling into the lowest tier anyway... |
| Razor | Posted – 8/19/2005 1:12:05 AM | show profile There's just one publication (that also publishes online) that I worked for. But the editor gave me a great reference for a job recently. I am curious to know if they find out if we do fill out the forms. Do they get a list, etc...or just go with the settlement. I'm thinking of filling out the form now, even though my cut is probably not that big either. |
| toddlintown | Posted – 8/19/2005 9:31:36 AM | show profile | email poster Literary Litigation Fill it in. If you're legally entitled to whatever the sum, why let your employer keep it? Mine went in last week. |
| Lotus665 | Posted – 8/19/2005 12:15:45 PM | show profile I got this too. We should all apply to everything we're entitled to, because legally speaking it was stolen from us. And yet I don't want to alienate clients either, some of whom resold work without realizing they didn't have the right. It was a gray area till Tasini V. Times. I don't think the pubs are going to get letters with lists saying ''Fred Smith and Amanda Jones are suing you!'' More like a list of articles and authors whose work they sold, and then they'll have to just write a check to cover all infractions which will be disbursed by the law firm. Or something. Your employer, though, could not legally retaliate for your doing something you have a right to do, and you don't have to have copyrighted your work. All in all, I don't think we (myself included) should let fear make the decision for us. If you think it's too much trouble to earn what you think might be fifty cents, then don't apply. But if we fail to enforce our rights due to fear of retaliation, people will just continue to take advantage of us and not worry about repercussions. ------ Lotus665 |
| Marie | Posted – 8/19/2005 2:06:32 PM | show profile Actually, the sums can be quite substantial. And to let fear stop you from filing is horrifying. The attitudes in this profession just got weirder and more damaging by the day. And then people complain about how they're treated. First of all, the claim will go to the legal department and not even go by your editor. And why would an editor mind your claiming what you're legally entitled to? File, or stop complaining about low pay, bad contracts and publshers who take advantage to you. |
| Lotus665 | Posted – 8/19/2005 5:22:56 PM | show profile Yes, Marie, you're absolutely right!!! It will go to the lawyers not the editors. I think sometimes we in this industry have Stockholm Syndrome. Well, I'll be filing soon and if anything interesting happens I'll be sure to report to this board. ------ Lotus665 |
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