The Woes of Publishing

Once upon a time, I saw some poetry that I really liked. So, I emailed the poet – lets call him MELVIN – and asked him if he would like to be a feature on Latchkey.net. MELVIN was more than happy to, as you can see from his reply.

Rocco,

“….honor!…”

“…….love to….”

MELVIN.

If you are wondering why I am only giving you fragments of his email, you’ll understand at the end of this article. Anyway, we at Latchkey went ahead and posted his work on our site. However, as an oversight on my part, we not only published some of the poems he sent us, but also pieces that he had on his website. It was an oversight – please understand. In the past we have been encouraged by other artists to copy works from their sites when we feature them. I didn’t think it was such a big deal, considering our site doesn’t make any money or profit from featuring whom we select. MELVIN, however, was bothered by it.

Rocco,

“….thankful…..”

“…..not too keen……”

“….lifting works……”

“…..other places….”

“…..permission….”

“…….laws against that…”

MELVIN.

Now, I could have simply removed the poems that MELVIN told us to remove, and been done with it, but I was annoyed with MELVIN’S response. Technically, I understand now, it was infringement. But along with these poems, we posted:

-a photo of him

-a link to his site

-a brief description of his art, written by him, for this particular feature

-a rather complementary write-up on his work written by yours truly

Considering this, what I did wasn’t exactly what you would call stealing, but that is what he was accusing me of. I was beginning to believe that MELVIN was a bit of a twit.

MELVIN,

Sorry it has taking me so long to get back to you, I have been very busy of late and have had little time to do any emailing. I would like to apologize for taking some of your other pieces without permission. Thank you for letting us at Latchkey.net know about the rules and laws of the Internet. I am very relieved that you informed us about our trespassing. Especially since we were just about to make some minor alterations to your featured pieces. Believe me, I loved all of your pieces, but as a collective we felt that we could enhance some or all of them by giving them more of a slant, or a dialect, so to speak.

We decided that your pieces would benefit being translated into “Jive” talk. Working hard, and researching a great deal of Ebonics, we have translated one of my favourite piece of yours,

[Actually, what I did here was run the poem through The Dialectizer, an online program that takes normal text and alters it to give the text a selected dialect. For example the previous sentence, run through The Dialectizer, would come out looking something like this:

“Acshully, whut ah did hyar was helter-skelter th’ poem through Th’ Dialeckizer, an online program thet takes no’mal text an’ alters it an’ gives th’ text a selecked dialeck.”

Pretty neat, huh? The link is http://rinkworks.com/dialect.

Back to my reply to MELVIN.]

Wow, huh?

I bet you see your poem in a whole new light. We’d love to feature all your poems like this, but of course, as you say, there are laws against doing such things without a person’s permission. So we’d like to ask for your permission to go a ahead and do this

Thanks kindly,

Rocco de Giacomo

My response was both to inform MELVIN that his pieces had been removed from the site, and to subtly suggest he loosen up a little.

MELVIN did not take my response kindly.

Rocco,

“…ripped from…”

“….pissed off…”

“….bait me….”

“…..remove…..”

…MELVIN.

He ordered me to remove his entire feature from Latchkey.net. This is where things got a little more involved. MELVIN was not used to being joked with, and I am not used to taking orders.

MELVIN,

The chances of us doing anything more together ended as soon as you sent that curt, rather unappreciative email. To imply that I am a thief after a month long exchange of emails and hours of preparation by Lisa and myself was insulting. But I will forgo you for your exceptional writing. In regards to removing your writing from my site, we’ll decide at the end of the month,

Thanks kindly

Rocco de Giacomo

I figured that since he had given us permission to post his remaining poems, he couldn’t take it back.

MELVIN figured differently.

Rocco,

“….blunt….”

“…….thief…..”

“….copyright……”

“…….without permission…..”

“….until midnight…..”

“…remove……”

“…….copyright violation……”

“….the RCMP…..”

MELVIN.

Yes, MELVIN, threatened to get the RCMP after me. Does the RCMP have a Poetry department? I wonder if instead of those broad hats, and snug red blazers, they wear little berets and long wind-blown scarves. Anyway, as much as MELVIN was angered by my refusal to remove his poetry, I was angered at his reiteration that I was a thief, and his threat to involve the Poetry Police.

You believe that the RCMP are going to come after me over some poems. Let alone poems that you gave me permission to publish.

Hello in there MELVIN, what colour is the sky in your little world?

You can sue me if you want. Fill out this form:

MELVIN hereby sues Rocco de Giacomo for the following:

1. Emotional pain

2. Creative pain

3. Lower back pain

4. Singing in the rain

5. Johnny Coltraine

6. Rogaine.

7. Blaming it on the Rain.

Total pending: __

Or even better, you can write Latchkey.net on a paper cup, fill in with hot coffee, then pour it on your crotch.

Once you do this, contact me and I will send you a cheque. We have proof of your permission.

We will keep your photo, the poems you gave us, and my rather beautiful write up on you, until the end of the month. I will then make a decision whether to keep you on our site.

Thanks kindly,

Rocco de Giacomo

I was convinced I was right. In a regular magazine or newspaper, once a piece is published, the author can’t change his mind and have all magazines and newspapers recalled. The Internet should have the same kind of laws, right? I was determined to keep MELVIN’S work until the end of the month. He was a twit and he called me a thief. End of story.

Well, almost. While MELVIN and I were busy exchanging compliments, Lisa, resourceful, intelligent Lisa was researching the Internet for Copyright laws. While it is not clear on whether MELVIN did in fact have the right to recall his poems from my site, Lisa thought it would be safer to remove his work, even though he had originally given us permission to post them. So while I was in the midst of anticipating MELVIN’S next move, and relishing my own response, Lisa was removing his poems, photograph, bio, and write-up from Latchkey.

As much as I disapproved, she was right.

During the little ordeal, I was beginning to forget the real reasons for us making this website together. We made it for ourselves and for the world community of artists to enjoy.

We haven’t heard back from MELVIN yet, and for all we know, he’s already hiring a lawyer. I regret getting caught up in pettiness, and in the future I will need to show more patience if I want this to work.

I will say this:

MELVIN, if you are out there, you were right.

But you are still a twit.

10 thoughts on “The Woes of Publishing

  1. My dear friend Melvin;

    Had you done your research, you would have known that the protocol in responding to an alleged copyright violation is to *politely* ask the offending party to ‘cease and desist’ use of the material in question. You would also know that the RCMP does not deal with matters of copyright. As well, you would be aware that as copyright laws regarding the internet are in a state of flux, any law currently in effect may not have existed at the time of going into contract with the offending party — in fact, the ‘net is such a red-light district that *any* violation is difficult to prove. And should you seek legal action against a not-for-profit site such as Latchkey.net, the most you could hope for would be the revoval of your material from the site; suing is *not* an option.

    Organizations such as Latchkey.net work hard to support and promote artists such as you and I. They are human; they make mistakes. Treat them with respect; they are free advertising, stepping stones to success.

    Yes, your toes were accidentally stepped on. But ignorance and a rude, heavy-handed attitude will get you only ridicule, cold shoulders, and disrespect.

    Regards,

    A poet & artist

  2. What a thin-skinned bunch we are.But, Rocco, don’t you dare run my pieces through a Dialectizer. Your editions of MELVIN’s letters are like little poems themselves; I was disappointed to realize they weren’t the total substance of MELVIN’s letters. You capture a certain fluttery disapproval. What Dialectizer could do that?

  3. Rocco if you dialectize my pieces, that would be a bad move. You don’t want to infringe on a Sicilian’s poetry. I will sick a Sicilian version of the RCMP on your ass. They don’t ride on horses they ride in the back of limos, and they do not wear red suits with funky hats they were black suits with pin stripes. You heard about the last guy that messed with John Gotti’s poetry right?…….It was ugly the mafia takes their artistic craft very seriously……

    But not as serious as Melvin

  4. Ooooh, Valentino. Look out for those run-on sentences, bello. The RCMP Grammar Squad is cracking down on poets who neglect their semi-colons. Beware!

  5. I believe you are right, Dorothy: Rocco has invented a new poetry form. Minimalist found correspondence poetry! Let me try my hand at a ‘de Giacomo.’ Here’s a recent letter from my former coworker:

    Susan;

    “…the f**k did you leave?…”

    “…without you…”

    “…Jesus wouldn’t be Jesus if…”

    “…f***ing damnit…”

    “…going nuts. This s**t…”

    “…coming back?”

    –Fay

    Hmm…okay for a first try. But I can’t compete with the master! ;)

  6. In retrospect (as pointed out by a friend), I should’ve also been researching Contract laws. Oh well.

  7. Thanks for the insight, and the comments guys. And Jaywalker, I’m stile interested in featuring you. With your permission, of course.

  8. Re: Seventeen Seconds

    Thank your for the information.

    I am vegan, I am prolife and believe in freedom except when it involves rape rooms, torture chambers and killing the Kurds, bullying nations. These freedoms are an infringement. I don’t support groups or people who would support the beliefs of terrorism or have such a huge hatred of most of the earths flora and fauna. I don’t support groups or people who would support those who would damage the earth by setting ablaze oil fields and putting their the armouries in vicinity of their own civilians. I don’t support groups or people who support small cliques of sadists who consider their people disposable.

    I believe in supporting freedom to live in peace, not fear or terror of governors. I believe in allowing people freedom of speech without having their words and thoughts policed. I believe in brother/sisterhood of countries sharing and assisting “the leg up”. I believe in defending your freedom. Therefore I am supporting our troops in the middle east. This war isn’t about oil. Europe has the north sea oil, North America has Alberta’s virtually untapped oil fields and Alaska. South American has Argentina / Brazil. This war is about the hatred of a tiny winy little country called Israel. And I believe in their right to live without terrorism in their own country, which was fairly won during the 7 day war. I believe that Jordan Syria Amman etc.. could have been true brothers and sisters of the Palestinian people and opened their borders to them after the war, instead of locking them out in tent villages for decades feeding their generational hatreds.

    The U.S. is the world (look at the populace) and Iraqis who I know and have encountered are encouraged by the events that their family members who have been kidnapped by secret police in the night will be a thing hopefully of the past. I am thankful that the CNN polls show over 65% support for Bush.

  9. Melvin,

    the laws of compliancy makes some react rather irrational. Although the RCMP would be more than grateful to hear your lewdish claim. Don’t get me wrong Melvin, I am all for your particular cause, but no one in my lifetime has been arrested from supposed thieving of other people’s thoughts. But if you hear otherwise Melvin, let me know, because I live on the direct laws of surprise.

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