Multiple works can be accessed for free on the Clarkesworld website. It’s worth noting that after we contacted them in an email, the editor’s response was: ˝They are at it again?˝ Neil Clarke stated that they had not been contacted, but that they had had issues with this magazine previously. We contacted the authors in the YBSF anthology: Elizabeth Bear and Sarah Monette, authors of Boojum were not informed of the publication, nor was Gwyneth Jones (Ann Halam), whose work Cheats was published in Galaktika.
In 2006, a short story was published by the author of the aforementioned list, Doug Smith; in 2008 he received his royalty from Galaktika. Vajra Chandasekra and Thomas M. Waldroon, authors of the short stories published in March, have already contacted the publisher with regards to royalties. Waldroon has not yet received an answer, while Chandasekra has been contacted to discuss the royalty. We have not yet been able to reach Tor with regards to their anthologies; furthermore, the New Yorker is yet to reply about the Tom Hanks story, as is Tom Hanks himself (although the actor only provided a mailing address on his website).
According to the experts, blatant copyright infringement has occurred
We contacted Péter Mezei with reference to this issue; he is an associate professor at the Faculty of Law in Szeged and is a member of the Council of Copyright Experts. Mezei stated that this issue clearly obstructs Act LXXVI 29§ of 1999 pertaining to copyright laws because the right to translation belongs to the author. The statute declares first and foremost that this is the author’s right. Hungary as a member of the most important of copyright law conventions, as well as a member of the European Union, is required to grant the same rights to foreign authors as those that are granted to Hungarian authors. This means that foreign short stories could only have been translated with consent from the foreign authors – writes Mezei. He added that despite these works being free and available online, this does not alter the rights in any way.
We asked the expert, what sort of steps can be taken in compensating the authors impaired. ˝The foreign author has the right to take action either in Hungary or abroad based on Hungarian law, specifically the Hungarian Civil Code or copyright laws. The most moderate penalty that can be given is a caution. However, this means little assistance for the authors, especially considering that their works have already been published illegally by Galaktika and are on the market. Therefore, the destruction of all illegal material is impossible and only those copies, which are still in storage can be destroyed. The authors can easily file for compensation for the use of their works to make a profit” – states Mezei.
This is not over yet
It would be a problem even if the illegal publishing of a work occurred in a single instance; however, it seems that it is a regular practice for the Galaktika magazine with a 1000 HUF price tag to publish stories found free online and translated without any sort of consent. Thomas M. Waldron has the following to say about the incident: ˝They believe that they’re too far away, that the language barrier is too hard to foreigners to deal with, that the sums involved are too small to justify litigation, that, in short, they can get away with it. They have been for years, after all˝.
This practice stops today. Mandiner.sci-fi cannot support such unethical and lawless practices and therefore from now on we will no longer notify our readers about the publication of newer volumes, not until this practice stops. Furthermore, we will investigate whether the short stories found in the magazine each coming month and contact the authors about whether they have been informed about the publication.
Galaktika editor-in-chief: The issue of royalties is a complicated issue
Istvan Burger, editor-inchief of Galaktika responded to our article in the following way: ˝Without delving deeper into the article, the only thing I can state, is that the issue of royalties in today’s world is a very complicated issue and that even Madonna or Michael Jackson’s agent is unfamiliar with which radio stations play their music, and how many times it is played. If they are fortunate, they get a transfer surmounting to the possible number of plays. This is no different in the literary world.˝
Update:
The editor of Strange Horizons, Kate Dollarhyde states – in a reaction to our contact – that they are unaware of Galaktika’s publications. She had contacted the authors; Malcom Cross stated that he did not sell the rights to the work called Pavlov’s House, while Kim Stanley Robinson did. Dollarhyde also stated that they have turned to the Science Fiction and Fantasy Writers of America with regards to the issue.
After reading our article, Anna Grace Carpenter checked volumes of Galaktika published before 2015, and contacted authors. Aliette DeBodard, the recently awarded author of the novel The House of Shattered Wings was also unaware of her short story, which appeared in Galaktika.
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Below we provide a list of affected authors from 2014 an 2015. If you are an author wondering if your work was published in Galaktika without your consent, you sould also check your name in Galaktika's online bibliography.
Jerry Pournelle, Daryl Gregory, Chandler Davis, Philip José Farmer, George Zebrowski, Michael Swanwick, Lucius Shepard, Robert Sheckley, John Scalzi, Mary Rickert, Robert Reed, Tanya Huff, Fredric Brown, Scott Lynch, Malcolm Cross, Terry Pratchett, Polenth Blake, Karl Schroeder, Timothy Zahn, Patricia McKillip, Tanith Lee, Rudy Rucker, Terry Bisson, Marc Laidlaw, Lee Battersby, Frederik Pohl, Joseph Paul Haines, Vasili Golovachov, Wolfgang Jeschke, Ann Leckie, Tom Hanks, Ian Tregillis, Elizabeth Bear, Sarah Monette, Jack C. Haldeman II, Vandana Singh, Dmitry Kalinin, Eddy C. Bertin, Roman Kulikov, Alastair Reynolds, Sue Burke, Kij Johnson, Philip K. Dick, Domingo Santos, Gwyneth Jones (Ann Halam), Robert J. Sawyer, Henry Lion Oldie, Don DeLillo, Malcolm Edwards, Robert Bloch, John Crowley, Robert Charles Wilson, Cory Doctorow, Thomas M. Waldroon, Vajra Chandrasekera, Andy Duncan, Joe Haldeman, Jeff Vandermeer, Melinda Snodgrass, Ellen Kushner, Raymond Z. Gallun.