Friday, February 28, 2014

Litigation and . . . time

In 2005 I learned about a class action lawsuit against Google through a writers’ organization. This one is different from the current lawsuit against Google for unauthorized digitizing of the world’s library. The one I’m talking about here is Literary Works in Electronic Databases Copyright Litigation. I received a notice yesterday (actually three notices by mail) telling me that I had filed three claims, two were disallowed, but the third was being processed. I filed my claims within the deadline and sent paper backups. In 2005. In the interim I heard not a word.

I remember filling out some of the paper work for this claim. Even more vividly I remember going through my files and listing every piece of published writing done within a certain period, and being very surprised at the number. I hadn’t realized I’d been so prolific in writing nonfiction on a variety of topics. A lot of the works were book reviews, and I have no idea how those will fare in this claim. I also recall receiving an email that certain works wouldn’t be allowed because they hadn’t been copyrighted. I sent them copies of the copyright registrations by registered mail.

This is the second class action lawsuit that I have found myself benefiting from. A few years after I published an article in Clues: A Journal of Detection (1996), I received a letter stating that the university had sold the rights to articles published in the journal without receiving permission; a group of writers (as I recall) had sued, and here was my piece of the settlement. In the envelope was a check for $750.

I don’t know what the settlement in this current lawsuit will be, but I do know that some of it will depend on my registration of copyright with the Library of Congress. While it is true that today a writer owns the copyright of a work the minute it is created, it is also true that those who register the copyright with the Library of Congress will collect more in the way of monetary damages than those who do not register their copyright.

I did nothing to bring about the settlement with Clues. I filed a lot of paper for the Database Litigation but I had nothing to do with filing the lawsuit and following up. I occasionally receive a request for information on whether or not I flew a certain airlines within a certain period, and after that I might receive a small check as part of a settlement. I’ve occasionally received a voucher for a small amount of money.

After the Snowden and NSA debacle, no one should be surprised that someone somewhere out there is misusing someone else’s information or work but it is still a surprise to me—a pleasant surprise—to find that others are fighting back, even as I wander about in ignorance, and that I have been included in the settlement.

And as a result, I will continue to register my copyrights even when others tell me it’s a waste of money. And I will also continue to pay my dues to the various writers’ groups who keep track of these things like lawsuits and let their members know that it’s now time to sharpen those fingernails and get clacking on those keys, and file those claims.

I don’t know if I’ll get much in the way of compensation, but I’m looking forward to getting a check in the next . . . few years.


The litigation is in the United States District Court for the Southern District of New York, in re Literary Works in Electronic Databases Copyright Litigation, M.D.L. No. 1379.

11 comments:

  1. This comment has been removed by a blog administrator.

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  2. Very interesting, Susan! $750 is better than nothing. I don't think I even want to know who's pirating my books. Too depressing.

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    1. I gave up on keeping track of one of my books, nonfiction, because pieces of it showed up all over the place. But when I did come across it, I complained to the website and sometimes the stolen piece was removed. I do consider the money from a lawsuit as a little gift from the universe.

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  3. In most cases today it's probably not worth it to register a short story, but if I were to write a novel I'm sure I'd register it. If I spent six months or a year creating a story, another $45 is a pretty paltry expenditure to protect it. I'd do that even if there was a chance it wouldn't make a dime, just to be able to bite the ass of somebody who wanted to take my sweat and time without even asking. Most writers don't know that unless you register your copyright you can sue only for real damages, meaning money in some amount you can prove you've lost. That's pretty hard to do most of the time. If it's registered, you can sue for punitive damages, where the court can smack the defendant--money-wise--to teach him a lesson and show him that stealing is bad.

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    1. Thanks for the clarification, Dan. I will post in the future (near or far) about how much I receive and which claims were accepted. This could take another nine years.

      I do believe writers should value their work, and should definitely register a copyright for a novel.

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  4. This is so interesting, Susan. Thanks for writing about it. Coincidentally, today my husband asked me if I knew about litigation against washing machine maunfacturers because of the smell from the front-loading machines. I hadn't. But I've complained about the one we got when we moved into our new home and bought the machine (probaby two years old) from the former owners. I have to leave the door open, and it still doesn't smell very good. I've used a cleaner, too, but no joy there. Anyway, I hope you get enough to pay for your copyright of the work plus enough for copywriting all future works. At least!

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    1. Jan, I'm always a little surprised when I receive notice of a class action lawsuit asking if I purchased x between two dates, or flew a certain airlines during certain years. People are out there suing everyone, it seems. But the litigation in publishing could turn out to be quite serious for all of us.

      I hope you figure out the washing machine problem. Go on the manufacturer's website and check for recalls, etc. (You've probably already done that.) Thanks for commenting.

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  5. Dan's point is well-taken. Much of my work has been pirated by one thief or another. I've never sued anyone over it but I insist that they remove my work from the net unless they are willing to pay for it. And I am willing to sue if necessary.

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    1. This is hardly the writing world we expected, is it? I never thought I'd be worrying about pirates in genre fiction. Thanks for commenting, Jacquie.

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  6. Thanks for posting, Susan. I received the same letter this past week. I'd forgotten all about it. As to genre fiction, I register all my copyrights, but my books have been pirated hundreds if not thousands of times. I do what I can, but it's like the Dutch boy trying to plug a hole in the dike with his thumb.

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  7. I also had forgotten about the 2005 litigation, and I have no idea what the settlement will be.

    I agree with the futility of challenging piracy on the Internet. It's very frustrating.

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