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irrlevant but serious question



Hi list,

This isn't really related to archives but I figure there's gotta be someone out
there who knows about this kind of thing. Dig:

I belong to a listserv themed around a web-zine. The editor of the webzine
posted a poem to the listserv that had been submitted to the zine but been
rejected (because even by this stupid zine's standards, it was horrible). The
other members of the list proceeded to comment (unkindly) on the submission,
and I can't seem to convince any of them that this is at least unethical and
perhaps illegal.

The point I've tried to emphasize is that when a poem is submitted to a
magazine, it is for consideration of publication in that particular venue. Not
the company's in-house newsletter, not the editor's own publication. I hold
that a listserv is a public venue and this guy's posting of the submitted poem
is a violation of copyright, or at least the submitter's intent.

Everyone else says "personally, I'd be glad if something I wrote stimulated
enough controversy to blah blah blah" and "if this guy was prepared to have his
poem viewed by potentially millions, he's not gonna mind us tearing it up on
our little listserv." The listserv is open to anyone who wants to join, though
the archives are only open to members. And the poem's intent was, apparently,
to shock. (Also, the zine posts no submission guidelines or rights information
on its website).

Does anyone know anything more about this? In my own experiences as editor of
various publications, I would never have done this. Can anyone point me to a
hard citation (preferably online) that I can throw at these nitwits? Or am I
crazy?

Thanks,
Aaron Tieger

=====
"some things you never get used to even though you're feeling like another man" (Elvis Costello, "High Fidelity")

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