My computer, anthropomorphized and worshipped, cuddled more than my husband, was my instrument of adventurous warfare on vanilla mommyhood everywhere. My solution for sleepless worry, my nascent feminism and amorous curiosities found an outlet.
But here's the rub (and the clumsy hard, repetitive kind without lube), like many women writers, I lacked confidence in my abilities as a writer. I was comfortable "only" being a blogger because it seemed so much less risky than claiming to be a writer (if you say you're a writer and they ask where and you say "a blog" you just sit there waiting for the laughter). I was chicken. I was shucking and jiving the sisterhood I claimed to defend.
So I partnered with two other women. One would design the site, one would figure out the technical end of things (this was before I realized that Wordpress is as easy to use as a call girls' black book to find a Republican Senator).
One year later, the partners began requiring more and more meetings, discussion of products, and finally a contest about which I just couldn’t get lubed up. Now I like some beautiful men and I like some sweet creative contests. I also love objectifying men because it’s a reversal of power that is so delicious it belongs in a pie. But I did not love this contest at all.
And besides, after a year of all of this, I had become a writer. I was willing to hold my head up (even while superstitiously crossing fingers behind my back) and say out loud "I'm a writer. I write at CrankMama." And what I wrote there was powerful (for me), personal, full of confession, love and adoration, and stories of my children.
And this personal thing wasn’t business enough for my partners. Too personal, too connected with me as a person and on from there. It took only a couple of silly tear-filled (mine) meetings for me to realize that life is too short to fight over a blog.
So rather than stay and fight I left. And started Redsy.
More importantly (and apropos to BlogHer last week) am I still CrankMama?
The problems of intellectual property are complex because how does one begin to define what is one's own idea? Ones own material? If I had stayed and fought it out, I would have had a strong argument. I wrote every single post for a year.
But what does it mean when someone doesn't steal your property exactly because you gave it to them at first and then wanted it back?
The deeper issues here are those related to the trouble (and glory) involved with being a woman, a mother, an artist, a writer. "Who am I?" easily morphs into "What am I worth?"
If you came to me and described that someone was keeping your website up that you had written and was attempting to cash in on your efforts, I'd hop a plane and meet you in a pub, scratch pad in hand ready to write-out our fighting script. I’d hold up signs that say “Let’s get those fuckers!” I’d put your head in my lap and pet you to sleep. But I just can’t fight that way for myself. I can’t. And I’m no shrinking Violet.
What we create on our blogs is our own intellectual property. But if it's personal and political and confessional and confrontational, if it's from our hearts, it is so difficult to fight it out. Like splitting a child in two or staying to watch one of those horrid bullfights to the end. I'm too inside the whole thing. It's too personal.
So this is what I’ll do. I’ll weave a tale, share my story. And as a result, this burden will blow away on the wind. And you can build me some lovely voodoo dolls, and we can share a drink and a laugh. And all will be well again.
29 comments:
redsy. I am applauding you right now, because you raise so many of the darker and more messy issues that arise as we consider the lures of monetizing and Being A Writer.
There's so much to say here. First of all--I am very sorry this happened to you, and thank you for sharing this so we can educate ourselves about what this all might mean for us personally (down the line, maybe). You are so right that as women we need to confront our tendency to undervalue our selves and our writing in these ways. We need to fight for ourselves and one another.
This issue of marketing our blogs, marketing our writing, is a very sticky one for me. I fully support doing it, and am even considering it myself, but blogs are *difficult* because while we can say "this is a fiction, a persona, a work of creative art," at the same time it feels intensely personal. One reason I resist the ads is because I don;t know if I could hack putting a dollar amount on how much my readers are engaged.
But maybe this is an issue of undervaluing myself too.
The reason why "who owns the intellectual property of a blogging persona?" is such a difficult question to answer is because we can't so easily separate self and persona. Or self from writing self. I think blogging is relatively unique in raising this contradiction, a new form of writing that is more inextricably and necessarily tied up in the identity of the writer.
I am not sure if I am making sense. I guess what I am saying is that this would not have been such a problem if you had been writing from a purely fictionalized persona. But as you say, CrankMama both was and was not you.
And also let me say, Bring on Redsy! (as much you as CrankMama)
also. I find it creepy as all shit that "CrankMama" still "lives," as it were.
Bossy's all about Redsy - although in her heart you'll always be her CrankMama. If you build it they will come.
What bossy said. As reprehensible as I think their behavior was and is, they do not in fact own YOU, and I would guess their readers will soon realize that CrankMama is no CrankMama; she is but a shadow of her former self.
CrankMama, as a matter of fact, is Redsy.
I do, however, mourn the loss for you of a year's worth of your writing.
Thank you for telling this cautionary tale, and yes, telling it well.
I don't know, Redsy is *real*, and I like her very much. Crankmama? Liked her too. But people can change, you know? That doesn't make the work any less yours, though, in my opinion. I'm astounded that this creation that was yours became something bigger and that you didn't have the power to control the monster you built. Not astounded at any lack on your part, but astounded at the, what, insensitivity? decency? of your partners to understand the vastness of creative ownership. A cautionary tale, and I'm so sorry it happened to you.
It was a HUGE and scary step for me to be able to say "I'm a writer." There's little support out there, and blogging is one means toward aching self-expression. Here's to your success in being who you are.
Man on the floor.
(waiting)
Personally, I think that the material that you wrote is more yours than theirs. You wrote it. Unless you signed a contract waiving the rights, then they can't lay claim to it.
That is to say, they should be able to use it if they wish, within the context of retaining the site (yes, a little weird), but not to the point where they claim it as their own property and deny you ownership.
If I were you I would make sure you have all of your past writings stored somewhere, maybe even find a way to archive them into Redsy, and move forward (as you are already).
As for calling yourself a writer rather than a blogger- I struggle with this too. I am first and foremost a writer, but currently my medium is blog. Wouldn't I still call myself an artist whether I worked in oils or chalk?
It's tricky, and the idea of blog is often ridiculed, but that is because it is seldom understood. People tend to laugh at what they don't understand, which makes them less a voice that matters and more of the ignorant masses. I try not to let it get to me.
You're a brave and wonderful aldy and I'm proud to lay a little bit of claim to you as my friend.
On to business: my understanding is that unless you *waived* copyright at some point, explicitly, you still maintain primary ownership over your words. Which is to say that although you might need to acknowledge that whatever you wrote there was originally published there, such acknowledgement is all that you need.
And whatever the case, I love you no matter what you call yourself.
Not my area of expertise at all, Redsy. But I think you still own your writing. I'm assuming there was no written contract saying otherwise? Contracts can be verbal and that's where it becomes all fuzzy.
That being said, I think leaving and being true to yourself took a lot of guts.
P.S. If ever you find yourself teaming with someone again, shoot me an email. You can write a simple contract yourself & I'm happy to point you in the right direction.
Ah, well now I have an explanation for those CrankMama posts that kept appearing in my feed after you switched. (I thought you were just tying up loose ends--never knew there were others involved.)
I noticed you cross posted some of the content at Babble. Can you at least make a case for any of that work, assuming it is stuff you would want to republish. If the content really matters, I would hire a lawyer--at least to try and stop the other partners from writing under an alias that many people would be tricked into believing is your voice.
Also, I briefly considered seeking sponsors for the travel blog I planned on launching this fall. Now I think I am going to focus on selling that content to other markets, so I have some control over the rights and no worries about pissing off advertisers.
Correct me if I'm wrong,but generating online content for pay does not seem worth it financially to me. I'd hold out for print.
Good luck!
this goes right to the heart of it, Redsy...sharing and power and friendship and even gender, because when you wrote (and i paraphrase) "if it were you i'd be right there kicking their ass, but it's me, and i can't. i just can't" you might as well have been me in any point of conflict i've ever been in over creative ownership with friends...and they're awful. and i'm sorry.
but i will say that HBM's right - you should have reprint rights so long as you acknowledge the original site.
i wish you luck.
My understanding (as others have said) unless you legally entered a contract signing away your copyright you still maintain it to a degree.
My heart hurts for what you had to endure.
But I fully love and embrace Redsy. Even if she did hide from me at BlogHer.
I am SO glad to hear that you had nothing to do with that contest!
Your fan,
Jill
First, wonderful post. I had no idea, and you're one brave lady for sharing your story.
Second, I read voraciously. One of my favorite genres? The memoir. I pay good money to read about someone else's personal account of their life.
The way I see it, blogging is no different.
Women dominate the blogosphere and it tears me up to see these amazingly talented, brilliant, loquacious ladies (I just wanted to use that word today, you must excuse me)WRITERS apologizing left and right for wanting to make a living. Or a buck. Or enough money to maybe get a Starbucks and not have to explain it to their husband even though they got better grades in grad school.
As for the intellectual property question? That's a tough one. I would need to call a lawyer (mama) to know how to even begin researching that one.
Provacative post.
Wow...that was an awesome post. I bow in your presence!
Again, with the "you'll always be Crankmama to me," but really Redsy what you have described here hurts my head and heart. First of all, there are all the personal, pour-out-your-heart issues at stake here that make these writings very much yours (which would mean that it wouldn't be difficult to prove, if push came to ass kicking). And then, I'd be interested to see the contract/business arrangement/whatever you signed with these business partners that allowed this to happen (or that they say allows this to happen).
Get your people with mine, please...soon.
XO,
P$
Ahhh, it makes so much more sense now. I knew something was not right when you left Crankmama, and I knew that contest was VERY out of character for what you usually do. Thanks for clearing the air on all that.
You can take a Hershey bar and put it in a Godiva wrapper, but pretty soon people are going to realize the difference, and get their Godiva another way. Cheap imitations never hold up.
This is incredibly fascinating.
I won't go into all the legal stuff, because I don't think that is where you are with this and I think others covered it for the benefit of anyone else who finds themselves in a similar situation.
What I will say, is that if you build an online identity in a way that feels truthful to you...and people respond to that...and you move...your audience, including me, will move with you.
I think that many of us would do things differently if were to start all over again - that dreaded learning curve.
Best wishes
this makes the idea of teaming very scary. you must have been so hurt by it all!
are there ways to protect what we write online even if we aren't partnered? i mean, can anyone just "take" our stuff and use it elsewhere or can we actually copyright it?
While my approach to feminism is based on women coming together rather than knocking each other down...
Those two women need to look in the mirror each morning and know that they didn't write those words...and they'll never be able to do so. They can go on and Milli Vanilli the site, but the voice and the words that had us coming back are now at Redsy.
I understand your dilemma. Why is it easier to fight for someone else?
I'm glad your story is getting out.
First off, I am sorry this happend to you. Second, you are a writer, and 3rd no one can claim you. I understand not wanting to fight. Sort have been there. Sounds like you will have plenty of readers and company. (including me) Thanks for the post and good luck.
What a terrible experience for a woman and a writer to go through. I don't have any answers to this the many questions your experience has raised, but I will say that some of these experiences in the blogosphere have made me very protective of my own intellectual property.
I hope Redsy is a rousing success!
I'm sad to learn about what happened with CrankMama. I feel angry because it's simply wrong that your former partners stole your content. It's awful.
I hope that in the end karma finds it's way back to them.
Something similar happened to me, and it took quite a bit to see what I could learn out of a betrayal and loss of work experience. I think I watched i heart huckabees 80 times just so that i could recite "You can't kick me out of the coalition. I AM the coalition" at the cathartic moment. So...they can't kick your out of Crankymama--you ARE Crankymama, and you are a hell of a lot more, whereas they are likely to struggle because they lost the heart of the art. Best part is, as a kick-ass writer, it is obvious that you will have the last perfectly chosen word.
Yes. Yes. Yes.
All I can say is -- you're so right. And yet my heart aches for the loss that you've suffered here. Both of your site, your outlet, your words (although they really must still be yours in truth), and the trust that you must have lost in the friends you made.
I am sorry. And I am loving the new Redsy.
I wondered what had happened. And while I'm a lawyer, I'm not an IP lawyer ... but, having said that, I think that you own the copyright to the work that you have written. As for the ID of CrankMama, harder issue -- which is why I toy with the idea constantly of getting a copyright on my blogging identity. You just never know what aspects of your life need protection.
I find it rather ballsy of your former co-writers to think they own your words. You own those words, and I do believe you ought to claim them as your own. It's your fight, but I'm with you 100% in owning your property.
I also find it odd that the other two would want your writing to remain theirs. Can't stand on their own writing? Um, OKAY.
I hope you have it saved somewhere and that you will transfer it to the archives of Redsy.
Well, I'm just delighted about this whole change because I never knew Crankmama, and I will now know Redsy for who she really is.
Thanks for talking about how powerful it is to say you are writer. I haven't been able to say that yet, but one day!
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