Scribd advertises itself as a social publishing web site where you can
* UPLOAD your writings and documents instantly
* DISCOVER unique content
* SCRIBBLE what you're reading and publishing
* SUBSCRIBE to your favorite Scribd publishers
I had never heard of this site until recently, and then a few weeks ago, I accidentally Googled a link to me and Scribd. What the hell was anything I'd written doing there? When I clicked it on, I was horrified. Someone with the screen name of "patguitar" had scanned and illegally uploaded my memoir My Germany last year and it had gotten hundreds of reads. This person had also apparently uploaded over a dozen other books that had been read by thousands of people.
Now, I've been surprised before by unexpected appearances of my work. A writer in The New Yorker echoed a Salon article of mine without attribution. And years ago, before the Internet ruled our lives, an Edith Wharton scholar published a book that used some very specific observations I'd made about the ways the emotion of shame appeared in Wharton's work. There was no mention of my scholarship.
I called this author and raised the question gently. She wondered if perhaps we'd been thinking along similar lines? I reminded her that I had sent her some of my articles about the role of shame in the specific Wharton novellas she mentioned and she'd responded very positively to them. When I suggested her publisher add an erratum slip, she objected: "I couldn't do that--it would look like plagiarism!"
But all that seems petty compared to stealing a whole book that took me several years to write.
As soon as I discovered the theft, I emailed Scribd's copyright department with a copyright infringement complaint laid out in the elaborate format they require. To their credit, I heard back the same day that the book had been removed. No apology, though. And when I asked for information to contact this thief, I was told I would need a subpoena.
So Scribd creates an environment where people can easily break the law if they want to, and when they do, Scribd effectively protects the perpetrator. The staffer I dealt with also felt he could be rude to me after I was grossly ripped off and was angry about it. Nice.
People signing up for a Scribd account are warned about copyright infringement in the Terms of Service agreement, but so what? There's no vetting of what gets uploaded, so unless an author (or a friend) stumbles across theft the way I did, illegally uploaded books can be up there till the crack of doom.
Even worse, Scribd won't boot a user immediately if they've stolen a book:
"Please note that Scribd will promptly terminate without notice any User's access to the Scribd Platform if that User is determined by Scribd to be a 'repeat infringer'. A repeat infringer is a User who has been notified by Scribd of infringing activity violations more than twice and/or who has had their User Content or any other user-submitted content removed from the Scribd Platform more than twice."
Are they for real? "More than twice"? It shouldn't even happen once.
Follow Lev Raphael on Twitter: www.twitter.com/LevRaphael
I guess a remake of "It Takes a Thief" would be much different than original, eh? Not nearly as glamorous.......
And, sadly, many people don't find anything wrong with that.
College students are hard pressed to understand why they can't copy a paragraph (or entire entry) from Wikipedia and hand it in as their own work. And when we have reporters and journalists who borrow from one another without crediting the original, it's easy to understand why young adults don't see the big deal.
So what the situation requires is exactly what Mr. Raphael and others have done: be vigilant. Utilize Google and other online tools to find these instances. Write "cease and desist" letters. Keep on until texts under copyright are safely under copyright. However, it's going to be a long, hard road. The other option is just to not care if it's out there. Is any author who's spent months writing really capable of that? And should (s)he be capable of not caring?
A person who "steals" has no provenance, paper trail to demonstrate. With the proper ruling in court, their earnings become yours (which it is by RIGHT.)
Fight back. And Win.
I've seen a lawsuit eat up a friend's life, and I couldn't commit the time, money, and emotion to it. I'd rather be writing, blogging, publishing, cooking, working out, walking the dogs, reading, traveling, living my life. But thanks for the encouragement!!!
The same can be said of YouTube or any other number of websites that allow for user-generated content. I don't know what Scribd has in place to combat piracy, but it's not their place to personally vet every single document that is posted on their site. I agree that their "repeat-offender" policy sounds like it could be more stringent.
But I've talked to IT people who said they could easily create a system which warned you, when you started to upload something, that you had to have rights to the material. "It's a no-brainer," I was told by more than one professional. That would certainly be a start.
Sorry if I sound brusque, but really this post is in the same ball park as "This just in: Water is wet!"
There's also a difference between seeing Harry Potter pirated and Lev's "My Germany." It's expected that Harry Potter's going to get ripped off, and you could even justify it (wrongly in my opinion) that Rowling doesn't need your money. I don't have access to Lev's bank account, but I doubt he's in the same boat by a long chalk.
You might as well respond to a memoir about addiction and so, "Big deal, so what? Other people have been addicted, too."
I agree with you wholeheartedly - it should not even happen once. Though I'm sorry you suffered as you did, I appreciate your willingness to share your story. It's most definitely a cautionary tale.