Sex
Purloined porn
Writers of erotica love giving away their steamy stories online, but watch in horror as their work is then stolen by rogue Web sites and fans.
“Delta’s” erotic fiction is a sweltering realm of flickering candlelight, undone bikini tops, king-size beds and horny hitchhikers. The Canadian erotica writer pens whack-off tales with titles like “Strip Chess,” “The Chambermaid,” “Fire and Ice” and “Revenge Is a Dish Best Served.” Like hundreds of other amateur erotica writers, she posts her stories for free on Usenet groups like alt.sex.stories, in search of an eager audience for her smutty words.
The arrangement seems like the happiest of only-
The cold realities of publishing online, however, are anything but a turn-on for Delta.
“Every time I post a story, I know it will be used in a manner in which I would not have it used. It will be stolen,” she says. Now that she has discovered where her words end up after she sets them free — in the greedy hands of a few rogue adult-site operators looking to make a buck or reposted around the Net without her name, copyright information or even the complete text of the story — she has cut back dramatically on putting her stories online at all. Every time she puts up a new one, she says, “I regret it.”
“It may be great exposure for Delta if greatbigboobsandhardsex.com puts my story on their site, but I’d rather not be associated with sites like that,” she laments, “and I certainly don’t want my name used to attract other readers to their site.”
Like open-source hackers who are “paid” by the reputation they develop among their peers, writers of erotic fiction who give away their stories are paid in the adulation and constructive criticism showered on them by their fans. Getting stripped of that credit often galls as much as missing out on any monetary compensation for their work. “For many here, the only ‘pay’ we get (besides seeing our stories ‘up in lights’) is feedback from the few who are considerate enough to write,” says Delta. “By removing the names and addresses of these authors, those who do so are effectively robbing us of our ‘pay.’”
In contrast to the online music wars — in which a whole multibillion-dollar commercial industry is screaming bloody murder — you’re unlikely to see any congressional hearings on online erotica copyright disputes. “I find it hard to believe that someone like George Bush Jr. would stand up in front of the media and proclaim that those poor authors on alt.sex.stories are being screwed by unscrupulous copyright infringers,” quips Delta. But like the debate over music file swapping, the unsexy copyright issues around publishing erotica online raise questions about how much control artists can really have over their work in a medium in which copying is essentially free and potentially infinite.
If you set your smut free, can you control it ever again?
“Katie McN,” author of “A Girl’s Stroke Story,” “Making the Grade” and “Country Club Dance,” is one of the heavyweights of the online erotica world. She has been nominated for seven Golden Clitorides Awards, online porno writers’ equivalent of the Oscars. By her own estimates, in aggregate her stories are downloaded more than a million times per year from Usenet and the five sites she has given posting permission to. But she knows her work can also be found elsewhere: “Based on e-mail from fans and other authors, it appears that my stories appear without permission on at least 30 more sites and probably a lot more,” she says.
Commercial “skimmers” scoop up these free-
But Katie McN doesn’t spend a lot of energy going after the story stealers. There’s too little money, if any, at stake. When erotica writers do succeed in selling their work online, they’re paid only a small sum for first publication rights, and in all likelihood the stories will end up freely posted on Usenet within months. Plus, Katie McN doesn’t want to risk giving away who she really is: “I don’t plan on revealing my identity because I’d rather not have people in raincoats showing up at my home. How could I take any legal action and maintain my cover?”
Katie McN and other authors attest that the most effective way to fight back when their stories are lifted is for a group of writers to complain en masse to the offending Web site or take their grievance to that site’s Web host.
But sometimes, given the sleaziness of the story cribbers, such appeals have little effect. If a rogue site is booted by its Web host for violating copyright, within 24 hours that company can set up business with another host. Delta reports that the CD-ROM release containing her work (and the work of many others) is still for sale, despite numerous complaints to the offending site, the BackDrop Club. BackDrop did not respond to requests for comment.
Estimates of how much story lifting goes on vary, with some authors calling it “pretty widespread” and others contending that “most commercial sites abide by the law.” One difficulty in coming up with hard numbers is that the sites in question are largely pay-per-view, a reality that makes it hard — and expensive — for authors to police the Net looking for purloined porn. “Mr. Slot,” an Australian erotica writer who goes the extra step of making stories like “Librarian I” and “Truth or Dare III” available for the Palm Pilot, says: “We can’t buy membership to every site just to make sure they don’t misuse our stories, and although people have hacked into the sites in question to check, there’s just too many of them.” He points out that not only is the writer being ripped off, the reader is as well — in being charged for something that has been given away by the author.
Writers’ views of what rights can be practically enforced on the Net vary wildly. In the newsgroup alt.sex.stories.d, a community of erotic writers meets to talk shop, but discussions about copyright infringement frequently erupt into flame wars.
A vocal minority takes the position that anything posted on Usenet is a gift that essentially exists in the public domain. And when caught red-handed, the offending story pilferers often cite such Net rhetoric as their dubious defense. Other authors, including Delta, claim the full rights of any writer, yet have a tough time enforcing this dominion over their words. Others fall somewhere in the middle, authorizing any noncommercial reproduction of their work — like a fan posting an erotic story to her own home page — but drawing the line against commercial sites eager to profit off their work. Although they attach notices to this effect at the beginning of every story, these statements about permissions are just erased by the first reposter, making the story ripe for further lifting.
The erotic nature of the content just complicates the matter. Like open-source hackers who improve upon one another’s code, fans of particular stories sometimes rewrite them to cater to their own carnal predilections. So a gay scenario might become a straight one, or names and even physiques might change: “Back-space the bulging biceps, I like ‘em languid and scrawny.” Is such “improvement” — sculpting a fantasy to one’s own tastes — blatant plagiarism or just fans’ enthusiastic tribute to how much a story touched them and turned them on?
Fred von Lohmann, a copyright expert in the San Francisco law offices of Morrison & Foerster, emphasizes that these authors do have legal recourse, should they choose to pursue it. “These stories are copyrighted expression, and the author who wrote it owns it,” he says. He recommends amending a copyright notice, as many authors already do, to every work posted, specifying how it may and may not be used.
At one of the main archives of erotic stories online, the nonprofit Alt Sex Stories Text Repository appends a reminder to the end of every story that notes that even if a story does not a have copyright notice on it, it’s still copyrighted “pursuant of the Berne Convention.” Essentially, it’s copyrighted by default. Rey del Sexo, who maintains the archives, says that the ASSTR, which relies on donations from the public for its existence, doesn’t have the financial resources to take up the cause of robbed authors in court, but adds, “This is something that we aspire to be able to do at some point in the future.”
Under the Digital Millennium Copyright Act, a writer can send a notice to a site’s Web host, formally complaining about a rogue site that has nabbed his or her work. If the host fails to take down the post, the host can be held liable in court for statutory damages of up to $150,000 per work, according to von Lohmann.
Still, the copyright lawyer understands how unappealing such litigiousness may be to an anonymous erotica scribe: “If you’re writing freelance for fun for no money, the last thing that you want to do is spend your time pretending to be a lawyer.”
A small subgroup of writers sees such legal dickering as a futile attempt to apply pre-Net copyright law to the new medium. “Nick Urfe” has been known to roil the other habituis of alt.sex.stories.d with his unpopular views on the topic: “I don’t believe in intellectual property, per se. On the Net, the whole point is to instantaneously create as many copies as possible and disseminate them as widely as possible … Approaching Internet distribution with a rules set informed by paper publishing is a guarantee of ulcers and frustration,” he says.
He regards his stories as gifts and sees the reposting and mutation of the stories as a part of the basic Net ecology: “I feel that if you do have a problem with other people posting your stuff, you probably ought to rethink whether publishing on the Internet is right for you.”
Delta has struggled with whether publishing on the Net really is right for her. She took a hiatus from publishing online for several months after discovering stories that she’d posted for free being sold.
“MichaelD,” an author of erotica who happens to be a lawyer when he’s not writing stories like “Eve of the Bad Girls” and “Virginity Is Curable, Inquire Within,” takes a laissez-faire attitude to his work’s being reposted. He says that he can rely on the more vigilant members of the story-writing community to raise a stink in the case of a mass theft, but “frankly, I don’t care that much,” he says. “It’s a sort of a backhanded compliment to have your stories stolen, since it means someone thinks they’re worth stealing. To paraphrase Oscar Wilde, I think the only thing worse than having your stuff stolen is not having it stolen.”
Katharine Mieszkowski is a senior writer for Salon. More Katharine Mieszkowski.
Taxing strip clubs for rape
Politicians are holding adult entertainment venues responsible for funding sexual assault services
(Credit: iStockphoto/wragg) It used to be that strip clubs were merely blamed for society’s ills. Now they’re actually being charged for it.
In recent years, measures have been introduced in Georgia, Pennsylvania, Texas, Illinois and, most recently, California to apply special taxes to strip clubs — specifically to fund sexual assault services. Now, even if you aren’t inclined to view erotic entertainment as the source of all evil, this might seem an appropriate aim — who wants to argue against additional support for rape survivors? It would seem even more so when you consider politicians’ and activists’ repeated claims of solid scientific evidence showing a link between strip clubs — specifically those that sell alcohol — and sexual violence.
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Tracy Clark-Flory is a staff writer at Salon. Follow @tracyclarkflory on Twitter. More Tracy Clark-Flory.
Massage therapists rubbed wrong by sex talk
A Jennifer Love Hewitt show and the Travolta allegations have masseuses tired of being confused for sex workers
(Credit: iStockphoto/sybanto) Joe, a licensed massage therapist, knows what it’s like having a famous client who expects something extra. He had an Academy Award-winning actor begin gyrating on his massage table before raising his hips in the air to show off his erection. “He was hoping that I would play with him in some shape or form,” he says.
Needless to say, Joe isn’t surprised by allegations by two masseurs that John Travolta got handsy during massages. (Travolta’s attorney has denied all the allegations, and called them “ridiculous.”) “It happens all the time,” he says, and not just with celebrity clients. He frequently encounters men who try to fondle him, usually while he’s working on their glutes or lower back and their hand happens to be level with his crotch. “They think they’re so original, but they’re all so much the same,” Joe says, his voice rising. “They all use the same tactics, the same body movements, the same gyrations and grinding my table, the [heavy] breathing.”
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Tracy Clark-Flory is a staff writer at Salon. Follow @tracyclarkflory on Twitter. More Tracy Clark-Flory.
A night at the vibrator museum
Early vibrators were hand-cranked, two-person jobs -- and prescribed by doctors. How far we've come since then
(Credit: Antique Vibrator Museum) I can now say that I’ve used a turn-of-the-century vibrator — on my hand, but still.
The silver, hand-cranked contraption is usually kept behind glass at Good Vibrations’ Antique Vibrator Museum in San Francisco — but staff sexologist Carol Queen made a rare exception. “This is very special,” she whispered, unlocking the case and carefully pulling out Dr. Johansen’s Auto Vibrator, a relic from 1904. The “auto” part is not so much: It was a two-person job, with her having to crank the device’s handle to get it thrumming. Pressing my finger tips to its inch-wide circular platform of pleasure, I was pleasantly surprised by its power.
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Tracy Clark-Flory is a staff writer at Salon. Follow @tracyclarkflory on Twitter. More Tracy Clark-Flory.
Maggie Gyllenhaal on sexual liberation
The beloved indie star tells Salon about her "vibrator movie" and why she loves playing transgressive women
Maggie Gyllenhaal (Credit: Reuters/Mark Blinch) When I met Maggie Gyllenhaal about six weeks ago, she was enormously and gloriously pregnant, stretching out on a sofa with her shoes off and feet up in a Manhattan office building. (Since that time, Gyllenhaal and husband Peter Sarsgaard have welcomed their second daughter, Gloria Ray, to the world.) We were there to talk about “Hysteria,” the charming, lightweight feminist farce from director Tanya Wexler that explores a key event in the history of female sexuality: the invention of the vibrator by Mortimer Granville, a Victorian doctor who was seeking to cure the mysterious “female malady” that lends the movie its title.
Continue Reading CloseMother-daughter sexperts
Susie Bright and her daughter, Aretha, make parental talks about sex look easy -- and fun
Most parents loathe talking to their kids about the birds and the bees, let alone pubic hair grooming, faked orgasms and “water sports” — but most parents are not legendary “sexpert” Susie Bright.
Better than talking about these things, she penned an advice column in 2009 with her daughter, Aretha, then 19, for the ladyblog Jezebel. Their answers to questions about everything from porn to Paxil were unflinching but playful, and at times controversial. Now the pair have collected those columns into a new e-book, “Mother/Daughter Sex Advice.” Together, they read as an irreverent version of “Our Bodies, Ourselves” for the Internet age. The mother-daughter team also reflect on what the experience of writing the column was like, and it turns out it wasn’t as weird as many would think: For the most part, it was just a continuation of conversations they had been having throughout Aretha’s life.
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Tracy Clark-Flory is a staff writer at Salon. Follow @tracyclarkflory on Twitter. More Tracy Clark-Flory.
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