Terms and Conditions

All submissions must be submitted through Submittable unless otherwise noted. If you experience problems with your submission and need technical support, please contact Submittable’s help desk via email (support@submittable.com), phone (855-467-8264, ext. 2) or by visiting help.submittable.com.

Submissions

CALIFORNIA WRITING RESIDENCY

 

  • Submission Period – January 1 through February 28
  • Application Fee – $25
  • Residency Schedule – April 1 through May 15
  • All applications must be in English.
  • Entrants must be individuals and not a company or organization.
  • Entrants must submit their work using their real name.
  • Entrants must be over 18 years of age at the time of submission.
  • Entrants must pay the application fee in order to be eligible.
  • Only applications received and paid for by midnight (Pacific Standard Time) February 29th will be considered.
  • Applications that are not paid for, incomplete, are corrupted or submitted after the deadline will not be considered.
  • The identity of all entrants is withheld throughout the process.
  • To ensure the quality and diversity of the selections, each submission is considered by several judges.
  • Finalists will be notified by email when they have been selected.
  • Unsuccessful applicants will not be contacted.
  • No editorial feedback or notes will be provided.
  • The decision of the judges is final and no correspondence will be entered into regarding the judging process.
  • The residency is not open to employees of 1888 or members of the judging panel. Family members of any of the aforementioned are also not eligible.
  • Only submissions which meet all Terms and Conditions will be considered.
  • By entering this competition, each entrant agrees to be bound by these Terms and Conditions.
  • Compliance and Liability: Assurance of compliance: By submitting the application form, the applicant certifies that he/she is in compliance with the statutes outlined below and all related YNR regulations and will maintain records and submit the reports that are necessary to determine compliance. Upon taking residency, you will be held liable for the contents of the house, and for leaving the house the way that you found it after your term of accommodation.
  • Release: In the event that you are personally harmed during your stay at YNR, due to seasonal weather or any other natural or human circumstance, the Soltz family, those who comprise the selection committee, or anyone associated with the organization of YNR is not responsible for covering the costs to redress the situation.

ROUTINEOLOGY

 

  • Open submission period.
  • 1888 reserves the right to remove or refuse any submission for any reason.
  • Submissions retain copyright. However, in submitting your work, you give permission to 1888 to publicize and promote your work if appropriate (and use your names, title of work, photographs, and videos of you in such publicity).
  • Visit vimeo.com/help or support.google.com/youtube for video copyright, guidelines, policies, etc.

SUMMER WRITING PROJECT

 

  • All submissions must be submitted through Jukepop.
  • Only accepting novellas. Click here for a list of articles defining the novella.
  • A submitted novella must be within a minimum word count of 10,000 and a maximum of 40,000.
  • Submission Period – June 1 through July 31.
  • The work must be submitted in English.
  • The entry must be the entrant’s own original creation and must not infringe upon the right or copyright of any person or entity.
  • Entrants must be individuals and not a company or organization.
  • Entrants must submit their work using their real name.
  • Entrants must be over 18 years of age at the time of submission.
  • Only submissions received by midnight (Pacific Standard Time) July 31 will be considered.
  • Entries that are incomplete, are corrupted or submitted after the deadline will not be considered.
  • 1888 editors will select one (1) novella based on reader analytics (retention + reading time) to be published.
  • Finalists will be notified by email when they have made the list.
  • Unsuccessful entrants will not be contacted.
  • No editorial feedback will be provided.
  • Entrants will retain copyright of their work. However, in submitting your work, you give permission to 1888 to publicize and promote your work if appropriate (and use your names, title of work and photographs of you in such publicity).
  • The project is not open to employees of 1888 or Jukepop. Family members of any of the aforementioned are also not eligible.
  • Only submissions which meet all Terms and Conditions will be considered.
  • By entering this project, each entrant agrees to be bound by these Terms and Conditions.
  • All entries must follow 1888’s Terms & Conditions as well as JukePop’s criteria for submissions.

THE COST OF PAPER

 

  • A submitted short story must be within a maximum word count of 2,000.
  • Submission Period – September 1 through October 31.
  • The work must be submitted in English.
  • The entry must be the entrant’s own original creation and must not infringe upon the right or copyright of any person or entity.
  • Entrants must be individuals and not a company or organization.
  • Entrants must submit their work using their real name.
  • Entrants must be over 18 years of age at the time of submission.
  • Only submissions received by midnight (Pacific Standard Time) October 31 will be considered.
  • The identity of all entrants is withheld throughout the process.
  • To ensure the quality and diversity of the selections, each submission is considered by several readers.
  • Finalists will be notified by email when they have made the list.
  • Unsuccessful entrants will not be contacted.
  • No editorial feedback will be provided.
  • The decision of 1888 staff is final and no correspondence will be entered into regarding the review process.
  • Entrants will retain copyright of their work. However, in submitting your work, you give permission to 1888 to publicize and promote your work if appropriate (and use your names, title of work and photographs of you in such publicity).
  • Only submissions which meet all Terms and Conditions will be considered.
  • By submitting to The Cost of Paper, each submitter agrees to be bound by these Terms and Conditions.

THE PLAZA LITERARY PRIZE

 

  • Only accepting novellas. Click here for a list of articles defining the novella.
  • A submitted novella must be within a minimum word count of 10,000 and a maximum of 40,000.
  • Submission Period – March 1 through April 30
  • The work must be submitted in English.
  • The entry must be the entrant’s own original creation and must not infringe upon the right or copyright of any person or entity.
  • Entrants must be individuals and not a company or organization.
  • Entrants must submit their work using their real name.
  • Entrants must be over 18 years of age at the time of submission.
  • Entrants must pay the entry fee in order to be eligible.
  • Only submissions received and paid for by midnight (Pacific Standard Time) April 30 will be considered.
  • Entries that are not paid for, incomplete, are corrupted or submitted after the deadline will not be considered.
  • The identity of all entrants is withheld throughout the process.
  • To ensure the quality and diversity of the selections, each submission is considered by several readers.
  • Finalists will be notified by email when they have made the list.
  • Unsuccessful entrants will not be contacted.
  • No editorial feedback will be provided.
  • The decision of the judges is final and no correspondence will be entered into regarding the judging process.
  • Entrants will retain copyright of their work. However, in submitting your work, you give permission to 1888 to publicize and promote your work if appropriate (and use your names, title of work and photographs of you in such publicity).
  • The competition is not open to employees of 1888 or members of the judging panel. Family members of any of the aforementioned are also not eligible.
  • Only submissions which meet all Terms and Conditions will be considered.
  • By entering this competition, each entrant agrees to be bound by these Terms and Conditions.

WHY WE WRITE

 

  • Open submission period.
  • 1888 reserves the right to remove or refuse any submission for any reason.
  • Submissions retain copyright. However, in submitting your work, you give permission to 1888 to publicize and promote your work if appropriate (and use your names, title of work, photographs, and videos of you in such publicity).

DMCA Notice

If you believe that material available on 1888.center infringes on your copyright(s), please notify us by providing a Digital Millennium Copyright Act (DMCA) notice. Upon receipt of a valid and complete notice, we will remove the material and make a good faith attempt to contact the user who uploaded the material by email. Learn more about our process below.

 

1888.center is a platform where users often use copyrighted materials in commentary or journalism, or transform the materials into something original of their own. As such, before submitting a DMCA notice, it’s important to consider if the manner in which the material is used falls under fair use. If you are not sure whether material located 1888.center infringes your copyright, or if it is subject to fair use protections, you should first consider seeking legal advice.

 

Please be advised that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material or activity is infringing.

 

Your DMCA notice will be forwarded to the party that made the material available, and also may be sent to third parties such as LumenDatabase.org. In addition, you are required to consider the possible fair use implications, as a result of Lenz v. Universal. We reserve the right to challenge abuses of the DMCA process, and your use of this form does not waive that right.

 

As required by the DMCA, we have a policy to terminate users that we consider to be repeat infringers. Although we won’t share the specifics of our repeat infringer policy, we believe that it strikes the right balance of protecting the rights of copyright owners as well as protecting legitimate users from wrongful termination. Please note that notices that are successfully countered, rejected on fair use grounds, or deemed to be fraudulent are not counted against a user or site.

 

Please send your complaint to our designated agent (we prefer email):

 

Eighteen Eighty Eight
115 North Orange Street
Orange, CA 92866
Phone: 657-282-0483
Email: info@1888.center

 

You must include the following:

 

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • An identification of the copyrighted work claimed to have been infringed;
  • A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit 1888.center to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;
  • Your name, address, telephone number and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

DMCA Process

The process begins when a copyright holder (or someone acting on their behalf) submits a Digital Millennium Copyright Act (“DMCA”) takedown notice to us, claiming that their content is published on 1888.center without their permission. They can submit a DMCA takedown notice via email or printed letter. After that, here’s what happens:

 

  • We review the notice.
  • If the notice is complete and valid, we remove the content.
  • We notify the user and reply to the copyright holder to let them know we’ve taken action.
  • We add a strike to the user if they don’t counter the notice.
  • If the user believes they have rights to use the content or that the notice was submitted incorrectly, we review and process their counter notice.
  • We restore the content if the copyright holder doesn’t take further legal action within 10 business days.

Step 1: We Review the Takedown Notice

 

When we first receive a DMCA takedown notice regarding a site, we review it to confirm that all of the required elements are present. Because the DMCA is law, we cannot accept a notice that’s missing any of the pieces outlined here.

 

In addition to reviewing notices for completeness, we also assess their validity. Although we respect copyrights, we also support everyone’s right to use content within the boundaries afforded by the law. Specifically, we reject notices that appear to be fraudulent or where the content identified:

 

  • Isn’t copyrightable (for example, a person’s name).
  • Is content that the complaining party may not own the copyright for (for example, the subject of a photo isn’t necessarily the copyright owner of the photo).
  • Is fair use of copyrighted content.

Step 2: We Remove the Content

 

If we receive a complete and valid DMCA takedown notice, we remove the content from the site and replace it with a DMCA removal message. For example, if we receive a DMCA takedown notice for an image within a post, we’ll replace only that image with a placeholder and insert text at the bottom of the post; the rest of the post and site will be unaffected.

Step 3: We Notify the User and Reply to the Copyright Holder

 

Whenever we remove content from the site in response to a DMCA takedown notice we email the user and provide a copy of the original complaint. We also notify the copyright holder to let them know that the allegedly infringing content has been removed.

 

If the user wants to republish the post, they can edit the post to remove the specific content at issue. (This is only an option when only a portion of a post was identified as infringing.) After making the changes, the user must reply to our message to request removal of the DMCA takedown message.

 

Users cannot, under any circumstances, republish the allegedly infringing content. Republishing content that was removed after receipt of a valid DMCA takedown notice could result in the user being permanently suspended from 1888.center. If the counter notice procedure is followed, we’ll restore the content at the appropriate time.

Step 4: We Add a Strike

 

We’re required by the DMCA to have a repeat infringer policy, so if a user doesn’t counter a complete and valid DMCA takedown notice, we add a strike to their account.

 

We assess strikes after 10 business days, so that no one is suspended before they have a chance to review the issue and submit a valid counter notice.

Step 5: We Review and Process the Counter Notice

 

Sometimes a user will disagree with the DMCA takedown notice, believing that they are lawfully using the content. We encourage users to submit a counter notice if this is the case. After reviewing the counter notice for completeness, we reply to the user and notify the copyright holder, providing them with a copy.

Step 6: We Restore the Content

 

In spite of the counter notice, the user cannot republish the content because the copyright holder then has 10 business days to initiate legal proceedings against the user to prevent them from using their content on 1888.center. If at the end of the 10 business days, the copyright holder hasn’t initiated legal proceedings, the DMCA requires us to restore the content.

Copyright and Fair Use

1888.center is a publishing, rather than a file sharing platform, so copyrighted materials are often used in commentary, journalism, or the transformation of the material into something original of their own. As such, it’s important to consider if the manner in which the material is used falls under fair use, before submitting a DMCA notice. Under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing is liable for:

 

…any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

 

Please note that 1888.center may seek to collect those damages. This includes DMCA notices aimed at uses of copyrighted content that we believe to be fair. Additionally, you are required to give consideration to whether a use of material is fair before submitting a takedown notification, as a result of the decision in Lenz v. Universal.

 

What is fair use?

There aren’t hard and fast rules when it comes to defining fair use. However, the Copyright Act sets out four factors for courts to consider:

 

  1. The purpose and character of the use: Why and how is the material used? Using content for criticism, comment, news reporting, teaching, scholarship or research is usually fair. Additionally, using material in a transformative manner, that is to say, in a manner that adds new expression, meaning, or insight, is also more likely to be considered fair use over an exact reproduction of a work. What’s more, nonprofit use is favored over commercial use.
  2. The nature of the copyrighted work: Is the original factual or fiction, published or unpublished? Factual and published works are less protected, so its use is more likely to be considered fair.
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole: How much of the material is used? If the “heart” (the most memorable or significant portion) or the majority of a work wasn’t used, it’s more likely to be considered fair.
  4. The effect of the use upon the potential market for, or value of, the copyrighted work: Does the use target a different market/audience? If so, it’s more likely to be fair use. It’s important to note that although criticism or parody may reduce a market, it still may be fair because of its transformative nature. In other words, if the criticism of a product influences people to stop buying the product, that doesn’t count as having an “effect on the market for the work” under copyright law.

 

Here are some resources to learn more about fair use: