Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner,” https://www.copyright.gov/help/faq-definitions.html.
While browsing on a public platform one day (YouTube), during when I was doing researching for another post I was writing at the time, a post regarding a troll having made a corruptive video that mentioned my book, I found out that someone else (another troll) had posted a “live reading” of the same book (spoilers and all) on a public platform. This individual had mentioned it in the comment section of that video, but I would have found it sooner or later anyway just by searching for my book. (That particular video was the topic of my post regarding trolling reviews and how to deal with them as an author/artist and keep making your art.) In regards to the “live reading”, no worries, I have a lawsuit in the works for this individual if they don’t remove my content. More about this issue is posted below. Authors work hard on their stories and other writings, and for someone to carelessly take their content and broadcast it live to an audience without the author’s permission is downright deceitful and fraudulent behavior. Thankfully, such behaviors are punishable by law. This individual thought their corrupt behavior was “fair use”, but in fact, it is not. “Live Readings” are prohibited by law if the poster doesn’t have permission from the original owner. The only exception is when works are in the public domain. Fair use is not based on opinion. It’s unmistakably clear and adheres to the Laws of Copyright. Much appreciation for the Laws of Copyright.
So, as I mentioned, I found out recently that an individual, a troll, posted a “live reading” of my book (The Wrythe and the Reckoning) onto her public platform. She posted the entire book from chapters 1-24. In her post of this “live reading”, there are spoilers, and not only does she mock the book (a book mostly about women’s rights, slavery and abolition), she glosses over anything that shows the true value of the story, all in her trolling efforts to give the impression that the book is “stupid” and that the characters are “stupid.” Really? Would you have said that to Frederick Douglass? How about to Susan B. Anthony or Elizabeth Cady Stanton? Well, it just so happens that the two main characters of my story are cut from the same cloth as those particular individuals. Who do you think the heroes were loosely based on? They were in fact not only based on those individuals but several other similar heroes in our western society. So, if you’re insulting those two, you’re insulting all the others. Her ignorance and racial bigotry was shown through her insensitive actions. She posted a lot from my book, from the very first chapter all the way to the end in chapter 24, but then conveniently left out some of the major important parts, giving the impression that that’s all there is to the book. By doing this, anyone who goes there to read the “live reading” would think they’re getting the complete story, all with her postings of mockery along the way. Don’t forget, she posted a bunch of spoilers and mocked those too. Who does that? Oh, of course, a troll.
The main characters of TWARE are in actuality intelligent and yet flawed like most human beings are. The most important thing regarding them, however, is that they’re heroes, and any genuine reader who reads the book and cares about the issues presented in the story won’t fail to see that. Like the other trolls, she was desperate to give the impression that it’s not a worthwhile read, but in the midst of her corruption, she also managed to prove that she’s in fact a troll. So, if you find any such “live readings” of my book, anywhere, I recommend you steer clear because chances are it was done by a troll and the entire thing is botched. Only those who have read the actual book would know that. The TWARE books will be readily available for free at the public library for anyone who wants to read a free copy. So, why go to a troll to read a botched version of the story, when you can just read it for yourself?
In the midst of posting my copyrighted content, clearly she hadn’t fully researched copyright laws, because the four factors of fair use policy, those regarding what the courts consider when determining the “fair use” of a work, states that if posting another person’s content violates certain measures it disqualifies as fair use. “Live readings” fall into those measures, especially in regards to factor #4, and thus they violate copyright laws. You can read about the four factors of “fair use” policy as being adhered to also by public platforms here. You can read about it here too — “Measuring Fair Use: The Four Factors” at Stanford Law. In addition, the Copyright Law states the following: “Copyright infringement occurs when a copyrighted work is reproduced, distributed, performed, publicly displayed, or made into a derivative work without the permission of the copyright owner.” https://www.copyright.gov/help/faq-definitions.html. I didn’t give this individual or any other person permission to do a live reading of my work or to display it publically in any other way. This particular botched “live read” of hers that she posted of my book qualifies as a “derivative work”. Under the Copyright Act, a ‘derivative work’ is a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.” https://www.law.cornell.edu/wex/derivative_work.
She also clearly didn’t research the laws regarding DRM, because for some of the posts in her “live reading”, she copied and pasted directly from my ebook, which has had the DRM technology applied to it ever since the day it was first posted onto Amazon KDP. This indicates that she tampered with the DRM of my work, and tampering with the DRM of a work is, by itself, against the law. So, at least two lawsuits are in the works for this individual if she doesn’t remove my content from her public page. I thought I’d be somewhat kind and at least give her a chance to remove it after being told to do so by the public platform where it’s posted. I’ve contacted that platform directly and given them a DMCA Takedown Notice. You never have to contact the individuals directly, and it’s actually more efficient to contact the web-hosting company, in this case, the public platform where she posted my book. If the content isn’t removed within a timely manner, then further legal action can begin.
These trolls forget that just because they put their integrity aside and choose to act unscrupulous, it doesn’t somehow exempt them from the law. The law still prevails. It is the official standard of a nation, and their corrupt behaviors can and will get them into legal trouble. Creators/artists have legal rights, and those rights are taken seriously in the judicial system and also by social media platforms. This troll was ignorant of these matters or thought she could get away with it for whatever reason, and now she’s on the verge of legal trouble. It’s like they somehow think that authors are weak. They either forget or absolutely don’t know that writing a book is mental labor. You don’t come out weaker at the end of it. Wherever you were before you began writing your book, you’re stronger when you complete it. Anyone who’s written a book can understand that. When you complete writing a book, it’s like you’ve survived one of the toughest challenges of your life. In the end, you’re a much stronger person than you were when you wrote that first sentence. And it’s not like the entire time all you did was write that book. You had to deal with all the other challenges in your regular life, whatever they may be. So, some word of advice to the book trolls, do yourselves a favor, don’t disregard copyright laws, and don’t underestimate the intelligence and tenacity of authors. We’re writers and researchers, after all. For authors, I recommend visiting the following sites regarding author rights (links are posted below). There are several other such websites on the internet that provide plenty of information. ALLi and IBPA are excellent sources of information regarding author rights, such as the “Copyright Bill of Rights” from Alli. If you’re a serious author, I recommend also getting a personal lawyer or legal services at some point in your author career, but the sooner the better. The Authors’ Guild and National Writers Union are also excellent sources of author-focused legal info, and they provide legal services too.
[Updates: The content for the live reading has since been removed from the public platform.]
Some Helpful Resources Regarding Legal Matters:
– Copyright FAQs and Answers
https://www.copyright.gov/help/faq-definitions.html
– Copyright Protection: What it Is, How it Works
https://fairuse.stanford.edu/overview/faqs/copyright-protection/
– Fair Use Policy (A Post from Twitter)
https://help.twitter.com/en/rules-and-policies/fair-use-policy
– Measuring Fair Use: The Four Factors
https://fairuse.stanford.edu/overview/fair-use/four-factors/
– What is the DMCA notice and takedown process?
https://copyrightalliance.org/ca_faq_post/dmca-notice-and-takedown-process/
– DMCA Notices: Here’s Everything You Need To Know In 2019
https://www.whoishostingthis.com/resources/dmca/
– What Is Kindle DRM?
https://itstillworks.com/kindle-drm-17841.html
– Protecting Your Ebooks with Digital Rights Management (DRM)
https://thewritersally.com/articles/protecting-your-ebooks-with-digital-rights-management-drm/
– Understanding DRM (Digital Rights Management)
https://www.legalzoom.com/articles/understanding-digital-rights-management
– Digital Rights Management
https://en.wikipedia.org/wiki/Digital_rights_management
A Few Helpful Organizations for Authors:
– Independent Book Publishers Association (IBPA)
https://www.ibpa-online.org/
– Alliance of Independent Authors (ALLi)
https://www.allianceindependentauthors.org/
– The Authors Guild
https://www.authorsguild.org/
– National Writers Union
https://nwu.org/
