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Publishing from SV

Discussion in 'Forum News and Staff Communication' started by theJMPer, Nov 1, 2016.

  1. theJMPer

    theJMPer

    Location:
    'Murica
    Setting aside the obvious question of "Why would someone ever buy what they can get for free", what're the rules behind publishing/self-publishing stuff that gets posted on here? I got into a discussion about it on discord, and we all got mired in legal terms trying to figure it out.

    So, what exactly is the legal standing of trying to publish something that previously existed on this website? Not getting it published, as that's a whole other kettle of fish. I'm just curious if I'd get sued if I tried. (Assuming the work in question is wholly original in the first place.)

    Thanks! And thanks for running such a slick site!
     
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  2. Generic_Generica

    Generic_Generica Notice me Senpai~ Moderator

    Location:
    Right behind you
    Lemme pull up the ToS real fast.

    I... think the fourth and ninth bit are of interest? Not a lawyer and typing on mobile device so response is kinda meh.

    Gimme a few minutes to go over this again. Hrm.
     
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  3. Ford Prefect

    Ford Prefect What is Project Zohar? Director

    Respectfully @Chargone, that's not true at all.

    There is no legal barrier created by posting on SV. Nothing stops you from trying to get something you've posted on SV published elsewhere, and if you're successful in getting a deal with a publishing house, that's great! Remember us little people.

    However, there are two things to keep in mind: you cannot compel us to remove any material you've posted on SV, and publicly posting something online can effectively give away your first publishing rights, which may make you less attractive to a publisher. Typically a publisher will want your first rights, and there's nothing that can really be done to get them back. It's a little bit like your virginity that way :V

    e: like I don't know the exact wording of every website's ToS, but ours is pretty much standard. It's just a cleaned up version of the Xenforo ToS which comes attached to every install, which is itself pretty normal.
     
    Last edited: Nov 1, 2016
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  4. Slayers148

    Slayers148 Kuso-chan desu~ Hawawawa~ Commission Artist

    Location:
    Mars
    >reading ToS
    ...wait a minute...
    ...*Google this name*
    Perihelion Media Works
     
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  5. Xon

    Xon Cabal Arm Commander Director

    Location:
    Empyrrean
    Something to be aware of is that Amazon will price match to free. So if you've published a work elsewhere for free and then publish it on Amazon; Amazon can automatically price match to the $0 value.

    This is probably not what you expect!

    Generally publishers care about first publishing rights rather than exclusive publishing rights.
     
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  6. LordSquishy

    LordSquishy Probably Not A Producer

    As I've said before, if you have personal legal questions about your copyrights or publishing, you should be talking to your own lawyer. If I were your lawyer, I would tell you not to trust what I as SV's lawyer was telling you about it anyway, given the pretty unavoidable conflict of interest. :p

    SV's policies in this respect are basically the same as all other UGC sites. They give us as much flexibility as possible and as little liability as possible without being overtly evil. ;)
     
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  7. E73S

    E73S I've updated my journal.

    Can we ask politely?
     
  8. LordSquishy

    LordSquishy Probably Not A Producer

    You can try anything...once.
     
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  9. Talos

    Talos Completed Quests: 3

    I'd imagine so. I mean, so long as it's not dotted about half a dozen places in five different threads, I can't imagine why Squishy or the staff wouldn't let you take it down so long as you were nice about it, and didn't make a habit of it. (Once is fine, five times is vandalism.)
     
  10. What if the two works are similar, but not the same?
     
  11. You could always take your writing down manually.
     
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  12. Old Spice Guy

    Old Spice Guy The Man Your Man Could Smell Like.

    Location:
    En El Bano
    But then your writing would be...worthless :V.
     
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  13. Burning Baron

    Burning Baron The Mightiest of Hunters

    Location:
    Castle Wolfenstein
    It almost seems like @theJMPer is talking about an Andy Weir-type situation, where the content already exists online, but could it be published in physical form? At least, that's what I got out of it.
     
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  14. The Englanderish

    The Englanderish Schrödinger's Kuudere Thoughtcriminal

    Location:
    Pays De Galles
    Well, yes, actually. As long as the thread isn't locked, there's not really anything stopping you editing out the writing in pre-existing posts. Presumably, staff would be able to access old versions, but the overwhelming majority, not so.
     
  15. LordSquishy

    LordSquishy Probably Not A Producer

    Realistically speaking there are two major reasons involved.

    One is that actually deleting stuff is hard. Moderators only have access to soft delete, and we leave it turned off for even senior staff unless we need specifically to hard delete something.

    Even then, some things can't be hard deleted from the UI side: Reports, for example, copy the content being reported (so we see it at a particular point in time) and can't be deleted without database editing.

    Finally, going through and trimming something out of all the places its been quoted can be deeply annoying, if we have to do it, and then hard-deleting those things, as well... Yeah.

    So unless its illegal, we don't bother and won't even on request, usually.
     
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  16. theJMPer

    theJMPer

    Location:
    'Murica
    Yeah, that was my question.
     
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  17. Xon

    Xon Cabal Arm Commander Director

    Location:
    Empyrrean
    I've got no idea how Amazon detects content to price match on.

    Probably some sort of phrase matching based of trawling the web followed by indepth crawling once they find matching hits with a human-decade of R&D time into fuzzy text matching being thrown at the problem.
     
  18. Ford Prefect

    Ford Prefect What is Project Zohar? Director

    Though if the person requesting is in the process of getting published ... Maybe we can do a deal :V
     
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  19. MJ12 Commando

    MJ12 Commando Shadow Cabal Barristerminator

    Yes but after spending the relevant time reading the fucking Berne Convention would you actually want to? :V
     
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  20. Fernandel

    Fernandel Lovely Writing, Tendency to Waffle Councillor

    There's a reason I'll never publish my original works on SV or anywhere else on the internet, if only so I don't have to figure out the goddamn Berne Convention. :mad:

    Any literary profits would get wiped by my legal bills, in any case. :(
     
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  21. Reveen

    Reveen Dunked On

    Well, you don't really need to delete the content, just not display it. Mods acting like they're scary or something aside, I think they can be given the benefit of the doubt that they're not going to try to fuck you over if you have ambitions to publish. I mean, there's no reasonable reason to that aside from them secretly being a pack of scumbags all this time.
     
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  22. Ford Prefect

    Ford Prefect What is Project Zohar? Director

    [​IMG]
     
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  23. foamy

    foamy Lying liar who lies. Executive Director

    Not to make any promises, but ominous gifs notwithstanding, I think we're reasonable people who will indulge reasonable requests. Given than everyone has access to the delete and edit buttons, though, there isn't really a need to ask us to remove your own material.
     
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  24. Ford Prefect

    Ford Prefect What is Project Zohar? Director

    I was going to comment yesterday that all things considered users have basically the same deletion powers as staff (even the directors!), the exception being that staff can delete the posts of other people. We don't necessarily have an issue with people soft deleting things, but we reserve the right to undelete posts, and to restrict the use of hard delete.

    Like we certainly have hard deleted material in certain circumstances. All jokes aside, if you come to us with a request and a good reason, we're not just going to fob you off. The thing to remember is that we can't be required to do it if we say no, and we may have reasons to say no. 'Sabotaging your publishing deal' is not really one of the reasons to say no.
     
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  25. The Englanderish

    The Englanderish Schrödinger's Kuudere Thoughtcriminal

    Location:
    Pays De Galles
    Unless there's a threadlock.
     
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