it saddens me to inform you all, that due to several recent incidents which AGAIN involved theft and massive infringements of my copyright and authorship rights, I will not make my transformative stories (meaning, stories like Leather and Lace and If Only that have barely anything to do with the original material) publicly available anymore.
I have thought long and hard about this step because in a way it undermines a lot of what I’ve worked for over the past couple of years. However, this seems to be the only way to protect my work and intellectual property.
I tried playing it nice, and it didn’t work. I gave you a number of warnings, and apparently they went unheard. So I’m done with ‘nice’, at least for those who have no regard for authorship and people’s hard work.
I am tired of fighting content scrapers and plagiarists who think it is okay to profit from other people’s hard work just because it’s ‘fanfiction’ and the current legal situation is still unresolved enough to offer protection to people who would otherwise be considered plagiarists, thiefs and pirates. People who are obviously unable to produce even one shred of content themselves, and therefore have to steal other people’s hard work.
I’m tired of a legal system that protects these content thefts, and that throws copyright in the same bin as authorship rights. A system that makes it possible for someone to steal an author’s days, weeks, months, sometimes even years of work with no repercussions whatsoever.
Why, I ask you, should I even put the work in, then, only to watch it being taken and torn to shreds by others? I am not a masochist to put myself through that ordeal over and over again. So enough is enough.
As I learned these past weeks, it’s all a matter of procedure. Simply said: I can’t do anything against the thieves and plagiarists as long as I make the stories publicly available as fanfiction first and thereby deprived myself of legal protection. First and public being the operative words here.
So from now on I will tackle the issue differently. Here’s how it’ll work:
I’ll publish all original stories (starting with “The Slave’s Secret”—which is the official title of “If Only”) on amazon and iTunes as official Kimberley Jackson Originals first. Some time after—a week or maybe a month, depending on how long it takes to transform the story into a fanfic—I will provide a special private copy of that story and possible future select stories to people who request it via the request form.
In essence: No more making transformative stories public. But you can request a private, courtesy copy—which is the legal equivalent of me lending a private book to you. I reserve the right to deny any request I receive for undisclosed reasons, though. Especially if I have the feeling that you’re being dishonest in your request form, OR if you are on my list of known plagiarists or copyright offenders.
Once I reviewed the request and stored it with my records, I will send you a free, registered PRIVATE courtesy copy of the special derivative version starring Sam and Jack instead of the original characters that you’ll find in the commercial version.
If you distribute that version publicly (meaning: offer it as a public download or similar), I will sue the living daylights out of you, since the original story will be fully copyrighted and on sale, and the derivative version was never disclosed to the public. Therefore any unauthorized distribution of the story would be considered plagiarism or piracy in front of any legal court.
Again: This only concerns stories which are original enough to be considered transformative (if at all–I was told that “The Slave’s Secret” isn’t even a transformative anymore since there’s virtually no Stargate reference, and I don’t use copyrighted names or trademarked terms. Just the names “Jack” or “Sam” cannot be copyrighted. “Jack O’Neill” or “Sam Carter” could, but that’s not what my characters are called.)
So what does this mean?
Question: Does this mean, you will take your other stories offline?
No. For those stories already published the harm’s done. There’s no use in taking them down now, on the contrary. The stories will keep floating around the net, and by taking them down I remove their original source–which would even be bad for me.
So no need to worry, my stories won’t disappear. :)
Question: What about unfinished stories like “Leather & Lace”, or sequels to already existing stories like “End of Days” or “Stargate Aschen”?
Probably not. I’m still looking into methods to prevent content scraping in the future, but generally, no, those stories won’t be affected.
So does that mean I will have to pay for your fanfiction stories in the future?
ABSOLUTELY NOT. Derivative versions of original stories can be requested free of charge, and don’t even depend on purchases of the original versions on amazon or iTunes. You don’t have to pay anything at all, but you will have to fill out the request form truthfully so that I can register the copy to your name in my records.
That may seem stupid from a monetary perspective, but my goal in this method is not to make a quick buck, but to ensure that my stories remain my intellectual property.
Even password-related methods would only require you to request registration and agree to non-copy, non-publish terms. You will never have to pay any money to receive any Sam/Jack stories from me! Promise!
So once I fill out the request form, I will get the story?
That depends. I reserve the right to deny any request I receive, especially if I have the feeling that the person is being dishonest about their identity or their assurance not to make the story publicly available.
I will also refuse to send any story to those ‘lucky’ ones (there’s some sarcasm for you) who made it onto my known plagiarists/authorship rights/copyrights offenders blacklist.
As the author, it’s my right to refuse handing private copies of my unpublished stories over to anyone I don’t trust, or where I feel they will betray my trust.
So that means I have to give you my personal information?
Unfortunately, yes. That’s the one major drag in all this for you as the readers. I realize that’s a huge deal in this day and age. But rest assured that I will handle all data with utmost care and confidentiality.
This should go without saying, but let me clarify nonetheless: I will never ever use it for spam or give/sell it to third parties. I have created a system where all data will be transmitted directly to me, without the use of third party services. It will go directly to my email inbox. It will not be visible on any part of the website, nor will anybody receive a copy.
I will solely use your data to keep a record of whom I shared particular private, exclusive story-versions with, so that I have a means to track those who act against agreed upon conditions.
Required information will include:
Full Name (real, no online pseudonym)
Email and Postal Address–alternatively, for very select people whom I know from platforms like Twitter, facebook, etc, you can provide a link to your profile. There are many people, esp. in the Stargate fandom, whom I know well enough to trust they understand the meaning of copyrights.
Lastly, I’ll require a statement that by signing up you ensure that you will not make the private ebook copy I’ll send you publicly available in any way, shape or form. (This is basically all the stuff that should be common sense if you’re a decent human being. Though apparently some need it drilled into their skulls, pardon again my sarcasm.)
Your right to making private copies and lending it to friends will never be touched by this agreement (as guaranteed by German copyright law—a right which the U.S. copyright law doesn’t grant since private copies of ebooks to lend to friends are usually also considered piracy there; so lucky you that I’m German :P).
That means: you may pass the file on to close friends, as long as that happens in a non-public context (meaning, you don’t upload it to a website/file sharing network/public cloud drive or similar and offer it for download to the public).
One word of advice: make sure you trust these friends not to upload it anywhere! Your ebook copy will have a unique, identifying marker registered to you, so that I’ll know exactly whose copy got leaked. If you wanna be on the safe side, refer friends to my website to request their own free copy, registered to their own name.
There might also be a couple of fandom-related test questions to make sure you actually are a fan, and not a content scraper trying to sneak his/her way in. Sadly, as I have learned recently, that’s a very real danger.
I will save your information along with an info on what ebooks I sent to you. That will make it much easier to track copyright infringements, and also discourage scrapers. Criminals and thieves are usually hesitant to give their personal info out.
But I have never abused your trust or re-published one of your stories. Still I feel like you’re punishing me…
I understand your disappointment or even hurt at my new way of doing things. You have every right to feel that way. I’d even understand if you were so angry that you’d stop reading my stories all together. It makes me sad, but I can’t change that.
I still truly believe the majority of you are decent and honest people, and it saddens me too that I have to take such drastic steps. Unfortunately, as with every community, there’s the 5% assholes (probably too optimistic a number, but you get the idea) who ruin it for everybody. :( I humbly ask that you direct your anger towards them, and not me.
I don’t mean this as a punishment of anybody, but rather as a security filter that will allow me to protect myself and my future stories.
In a legal system that offers me no protection and that enables jerks to run rampant with content theft, I HAVE TO FIND MY OWN WAYS OF PROTECTING MY STORIES. My ideas. My hours and hours of work. As long as the laws don’t change so that authors of transformative works enjoy basic authorship rights even under the terms of fair use, I will have to change procedure.
I still want to make my stories available for you to read—even those semi-originals where only the character names are retained from their original source materials. And I DO NOT want you, those readers who have stuck with me for months or even years, to have to pay for it on amazon, hence the option to request free, private copies.
I hope you understand.
If you decide it’s too complicated for you and that you do not wish to give up your personal information, I understand that, of course.
I know by implementing this method I will lose some of my fans—however, at the end of the day I will get to keep my stories, and therefore the fruit of my hard work. And at this point and with all the disappointments and tears over content theft of the past months, that’s all that matters to me.
***
If Only will be the first story where I’ll apply that method. That means, I won’t publish the fanfic version of this story as I originally planned, but make it available per personal request as a full ebook after publication of “The Slave’s Secret” as an actual book on amazon and iTunes. (You can already request a copy of “If Only”, and I will send it to you once the book is done.)
At the moment, my betas and I are working frantically at its completion. I already finished the cover image this week. An announcement and preview will follow during the next few days, but a publication date cannot be given yet.
The first (and maybe the second) chapter of the original story will be provided as a sample. To read the rest, you will either have to buy a copy from amazon/iTunes, or send me a request for the Sam/Jack version using the request form. In this particular case the stories will be almost identical, with the sole difference that the characters in “If Only” will be called Sam and Jack—no last names, just first names, which aren’t copyrighted; other character semblances weren’t much there due to the different setting, different time and background, etc—and their looks/speech will differ.
Against Regulations will only be available as an original work on amazon and iTunes, because in a way, it is a rework of Leather and Lace. So I will not go through the hassle of transforming Against Regulations back into a Sam/Jack story after working so hard to make it an original and remove all traces of those two. :P Due to the massive changes in plot and characterization, it’ll be possible for me to keep L&L online as it is, because the similarities are mainly sex-scene related. So no worries that I will take L&L offline. :)
I’m awfully sorry this has been happening to you! I hope this new method works wonderfully for you. You’re not losing a fan here :-)
I’ve sent a request through, but the page did something funny while sending, so I hope it gets to you!
:) I’m glad to hear that.
I think I saw your request. Please be patient, though. I have about 30 open requests at the moment that dropped in over the holidays, so I gotta dig my way through slowly. ;P
I’m sorry to hear that you’ve had more work stolen, it’s so soul destroying when someone rips you off like that. *hugs* I understand the need to protect your work, I’m just sad that you’ve been forced to do so. Most people are honest but that small percentage that aren’t often ruin it for the rest of us. I’m glad to hear that you’ve found a solution that works for you. Thanks for continuing to share you work with us.
Yeah, I’m amazed by this too, to be honest. I never expected it. I have written in many fandoms before (NCIS, Alias, X-Files) and have been publishing online since 2002. This has never happened before–and not to this extent, either.
Maybe it’s due to the rising popularity of fanfic. More people are becoming aware of online publications. Back in 2007 when I last wrote for NCIS, it was still more a ‘scene’ thing, not part of pop-culture.
Still, it’s absolutely unacceptable. So many people believe that, just because a fanfiction has been published online, it’s automatically in the public domain and you can do with it whatever you want. Same with artwork. Especially in the case of my Sam/Jack artwork, that drives me mad because I actually do own all the copyrights for those. Legally they’re not derivatives since the characters do not exist in that form (ergo, they’re my designs) and I did not use any copyrighted or trademarked names, terms or symbols on the art. Just depicting two Air Force officers is too vague a concept to be copyrighted. So that makes me even angrier, then.
I don’t understand that mindset. At all. Even if a work of art were in the public domain (which it’s not), what kind of person are you to take a text from the public domain and act like you wrote it? Or put it online on your website or something? I don’t get it. It’s like these people want to gain the laurels but they don’t wanna put the work in.
And creating a website with other people’s stories against their will is another one of those infringements I have no tolerance for. It’s like a publishing house publishing your story against your will. It’s unacceptable, fanfiction or not. Even if the current situation offers enough loopholes that you can get away with it, doesn’t mean you should do it. It shows a deeply rooted disrespect for the creator and their work.
This is not just my problem, but essentially that of every creator of fanworks. So I try to raise awareness now by applying this new method. Maybe, someday, I’ll have money for actual lawsuits, but until then, this way will have to suffice. :(
I am very sad to hear that there are some people that are copying your work….
Your writing is AWESOME and I have always loved reading your stories and definately will continue reading them even if I have to give you my details.
It’s just sad that you need to protect your work this much just to make sure people won’t abuse your stories,I just can’t understand why people feel the need to copy stuff from other writers…..
Hope you won’t give up, on all of us who do enjoy and respect your stories, now and in the future.
Good luck with everything!
Absolutely not. If I were giving up, I’d have just proclaimed that I’m gonna shut this whole website down. :P Which I don’t want to do. I have put too much work, effort and money into it over the past few years. So I came up with the request for, where you can register for my private reading circle, and everything will stay the same as before. Well, probably even more convenient than before, since I’ll send you your ebooks directly to your email address once it’s complete. Meaning: no waiting for updates or having to read online. :)
I won’t ever understand this need to take other people’s stuff either, but I guess some people just can’t stop being a**es. ;)
If I can ask, how do you know someone has “scraped” your website? btw I’m happy to give you whatever assurance, personal details or whatever you need to verify myself. Been online since 2000 so I’m all over the place by now!!! *LOL* I also have a website with my fanfiction, so how would I know if this has been used and abused?
In this case, I know because they are offering ebook versions of all my website exclusive stories as ebooks for download on their page–including my artworks and everything. And my page is copyright protected. Not sure if you’ve noticed, but it isn’t possible to save, or right click and copy/paste or anything the like. When I downloaded one of ‘my’ ebooks from their page and checked the meta data of the ebook file, the software used had left a link in there which pointed me right to their homepage.
I usually catch these things by pure chance, because I’m browsing a page and finding the stories or by readers who know my stories pointing me towards it. There are probably a lot more out there that I don’t know about. And it’s getting to the point where I’m not even sure if I wanna know anymore. >.< Seems, people are gonna keep doing it anyway. You should check out fanaticfanfics.com. The page has a download button in the menu on top and that takes you to a personal OneDrive where the admin offers most Stargate fanfiction for download. All apparently scraped from fanfiction.net or other sources. And if I may cite from her disclaimer section: "According to copyright law, fan fiction is considered a derivative work and is not protected, even those that have been pulled and reworked for publishing, therefore we provide links to copies of pulled fanfics here." She has a more detailed disclaimer section which just made my blood boil. Some people should ask themselves the question of whether just because the current legal situation allows for something, they should really do it. I'm sure some authors don't mind their stories being taken and hosted somewhere else without even asking or linking back to the original place. But to me, it does matter, because it doesn't count for the ff.net story stats, or the stats on my website or an AO3 for that matter. People are less likely to interact with the author. To me it's almost devalueing the story. If these were any other stories, the whole thing would be considered piracy. Not to mention that, in cases like mine where my website is protected against copying mechanisms, it would be illegal to circumvent these mechanisms with original stories, at least in Germany. Even for a private copy. Though the thing with private copies is that nobody usually knows you're making them, because you wouldn't make them public--otherwise it wouldn't be a private copy anymore. That's why I personally don't mind if somebody scrapes my website to make ebooks for their own enjoyment. I've never had anything against private copies. Not at all. But scraping the content and then offering it for download somewhere else is a whole different can of worms. Of course this case was just the tip of the iceberg, but due to her cheeky claims on her website I really read up on copyright laws and even contacted a law firm, and it turns that, in a way, she is correct. (Still waiting for a book from an American law professor from my uni library, though.) Mostly because fanfiction is a huge gray area, and concrete laws defining boundaries don't exist yet. Not even to clearly define what constitutes fanfiction and what is transformative enough to be an original. For example, from the description I gave the lawyer of SG:Aschen, he said that it definitely sounds like it would be a transformative work since I created a whole new universe with only loose references to the original Stargate shows. (Of course that's only an estimate. My use of the "Aschen" would need closer examination, as well as the extent to which I altered the characters.) But even despite that, technically I enjoy more rights. Even more so with Leather and Lace, provided I strip the references to the Stargate and show mythology that's copyrighted. Many even argue that if you sufficiently transform a character and write a non-canon story, it is per se not derivative anymore, because you aren't working with characters that anyone else created. Example: Leather and Lace again. The show never set Sam and Jack out as a couple enjoying BDSM--many would even argue that it's completely OOC, because Jack isn't controlling on the show, and Sam isn't submissive. So I have, per definition, created new characters in Leather and Lace, altered the conflicts and themes into something that doesn't have anything to do with the show anymore, then slapped the names Sam and Jack on them, and therefore created a transformative work. It's of course different with stories like, let's say "Only One Road" which directly rely on specific episodes of the show and for readers to know the show in order to work. If that's the case, then the story is derivative. Ironically in the case of fanfiction, unpublished stories enjoy better protection than published ones, because then you can claim authorship rights if someone publishes them against your will (after all, as the author, you get to decide whether your story sees the light of day or not, and that right isn’t diminished by the fact that a story is fanfiction). Which is why I came up with this sneaky method. >.< Hope that answers your question.
I’m incredibly grateful that you decided to continue on and not just chuck the whole thing. It’s very sad and upsetting that people try to steal what is not theirs, but I’m glad you found a way to still make it work for those of us who so enjoy your writing.
The thought of ‘chucking the whole thing’ never seriously entered my mind. :) I just kept wrecking my brain for a solution because I kept thinking that there’s gotta be a way to make this work, and make it harder on thieves.
I’m happy that most people don’t seem majorly pissed. :*
Woh I didn’t know people would/could do this. But I understand your point of view and I’m glad you find a way to make it work and not just delete all your stories and abandon what you did. So I didn’t get all of the things I had to do to get all your stories but I’ll do it because you’re my favorite :D
Aww, that’s sweet! *blushes*
I wasn’t aware people could do this either. I mean, I heard about content scraping and that stuff before since I’m working for bloggers and blogs in Germany, but I kinda never thought it’d happen to me. Plus, I’ve installed a lot of scripts and plugins for security, preventing copying and printing and that stuff. Still, it isn’t enough apparently.
Really sucks that this keeps happening. Glad youve figured out how to protect your work!
Thank you. Unfortunately, this seems to be the only way.
I always look forward to your stories with great anticipation and I want to thank you on taking a stance on these people who feel it necessary to cause such a great imagination and talent to be hidden. I wish you great success for the future and hope any wrong doers are dealt with appropriately.
I wish they were. I really wish I could protect stories like SG:Aschen. Of course Aschen’s advantage by now is that a lot of people from the Fandom read it, and know whom to attribute it to. That offers it some protection. But it’s still not safe against scraping and reupload as I’ve seen. At least the unabridged Aschen ebook remained intact with all the links to my websites in there, so I don’t even have a problem with it. But the other ebooks–especially my exclusive website versions–don’t even contain a link to my website, and that kinda makes me angry.
If I choose to publish a story exclusively on my website, people shouldn’t be able to come along and upload it elsewhere. However, as I said, a lawsuit would be costly, as it’d be about setting a precedence, so from now on I’ll use little tricks to protect my existing stories, and new original stories won’t be made publicly available.
If people are unable to follow my terms, they don’t get access. Thankfully there’s no law requiring me to publish whatever I write. ;) And in the case of fanfiction, unpublished works indeed enjoy better protection than published ones. Ergo: no official publishing of fanfic anymore. :P Sneaky, but hopefully effective.
Will Leather and Lace be completed here or will the rest of story only be released in the official version?
No, the rest of Leather and Lace will be available here, though I haven’t decided yet whether I’ll password protect the remaining chapters. But they will not be in the official version. The official L&L version is “Against Regulations” and that’s quite different from L&L where setup and everything is concerned.
They might not even fit there, even if I wanted to put them in there. :D
I’m saddened that this has happened to you. I greatly enjoy your stories and understand your position. Thank you for finding a solution instead of giving up!!!!
Wow, I didn’t even think of it that way. ;) In my mind, this whole procedure is a really awkward, complicated burden for the readers. But I guess you’re right, the alternative could have been to just give up.
Thank you for your understanding! *hugs*
I understand you do what you need to do to protect your work,
Good luck
Thank you for your understanding. :*