I would never buy custom essay from sites that sell pre-written papers!!!

I'm familiar with Education Law 213; is that the only NYS statute relevant to this industry? It doesn't require any transfer of copyright for a violation, just the provision of any written work for submission for academic credit.

Is NYS Education Law even enforceable against anybody who isn't a student or a professional educator? (Not a rhetorical question: I genuinely don't know.)

They either don't know/understand the law or are simply rolling the dice.


Well, to a certain extent, the American industry is regulated (I don't know about any regulation in the UK). The laws that I have referenced are the regulations enacted by each state. The problem is that fines and injunctions do not come into play unless the infractions get reported to an attorney general (or a private party like BU takes the bull by the horns). As evidenced in the Boston University case, a private party (BU) or an attorney general can and will sue online essay companies that are based/incorporated in OTHER states. State jurisdiction is irrelevant.

To sum up, companies should get some useful information in this thread and hopefully all of them will comply with the laws as any legitimate company should do.

Exactly-that is precisely what I am trying to communicate to Major. Irrespective of direct language in each state law regarding "copyright transfer," the practice of employing "you [the customer] will own the copyright" as a marketing tactic is unlawful because it clearly breaks the "should reasonably have known" threshold of each state law.


Sorry, but the company cannot grant copyright ownership to the freelance writer and, at the same time, demand that he/she never resell his/her own, copyrighted property. The right to resell is at the very core of copyright law. If the writer cannot resell, he/she does not own the copyright. Any contradictory, convoluted contract employed by the company would be rendered invalid in any US court of law in relation to the adjudication of the aforementioned state laws applied to an online company.

Once again, thank you. Those who actually read your posts might learn something and save themselves possible future probs.

No problem.


Here's the catch, WRT. A powerful university or an attorney general will never sue just one company. One, ignorant company can wet a prosecutor's palate and entice him/her to file the lawsuit, but all companies will pay the price. The prosecutor will attach as many defendants to the lawsuit as he/she can, which was the case (so to speak) in 1997. Remember, the goal of any prosecutor will be to cripple the entire "essay-writing industry," not just one, meaningless site.

Yes ... the 1997 case. Well, isn't that a good enough reason for our policing ourselves? Should any of us find that we are in violation of any law, why don't we address the situation and make the necessary changes instead of trying to justify our decisions/actions? And, given the critical nature of what you just pointed out, shouldn't that tell us that we really need to push the scammers out?

What does it mean 'cannot'? Is it illegal if they make such an agreement? Would such agreement be invalid? You're trying to make up the laws or your own interpretations that suit your own position, but that doesn't mean the position is one and the only legal way.

That's an amusing accusation, but I don't make up laws. If you're going to accuse me of making false statements, you need to provide counter-evidence. It seems to me that you're frustrated because the facts that I am communicating are counter to your current business model. Is that an accurate assumption?


In how many different ways can I communicate the same facts? There is a huge difference between "illegal" and "unenforceable/invalid." It is not "illegal" to make a contract (in and of itself), regardless of how ridiculous or potentially illegal the terms of that contract may be. Laws aren't broken until the illegal terms contained in the contract become practice and charges are filed. More relevant to the essay industry is the fact that criminal and monetary penalties won't apply to violating essay sites until a knowledgeable whistleblower comes forth, a university takes the bull by the horns, or a DA sees taking down the entire essay industry as a major notch in his/her career belt.

My position is that writers who give up copyrights to their papers AND allow the company to make multiple sales of their papers (while they are being paid only once) is not a fair business practice [at least from the writer's point of view].

To me the fairest situation is that either the two parties (ie. the writer and the company) share revenues from possible multiple sales or no party does.

But you're right that there are different business models and your defending a particular business model and my defending another model is understandable.


So you suggest that an agreement between a writer and a company that the writer keeps copyrights, but at the same time agrees not to sell the work to more than one customer is unenforceable/invalid?

I am not "suggesting" anything. I know copyright law. Either one owns the copyright or one does not own the copyright. If one does own the copyright, the ability to resell one's own work is inherent. If one cannot resell the work, one does not own the copyright of that work. There is no middle ground. Any contract suggesting otherwise will be considered invalid and provide absolutely no defense to an essay site owner in a court of law. The company cannot have its cake and eat it, too. All facts considered, a judge will flat-out laugh your suggested defense/justification out of court. Again, if you don't believe me, study the BU lawsuit of 1997 or consult a copyright attorney. The, you can come back here and acknowledge that I am correct.


Do you even realize how silly that assertion is? To be considered in any way "unfair," the company would have to hide copyright exclusions/limitations from its writers.

1. That policy complies with the law.

2. The writer gets paid a fair, mutually acceptable fee for his/her labor, fully aware of the future, exclusive resale rights maintained by the company.

3. Nobody's holding a gun to the writers' heads.

What you are suggesting is that all freelancers on the planet, in every industry, should have copyright ownership in the products that they produce for-hire. Do I really need to go there?

Did you give copyright ownership to the designer and programmer of your sites?

How about the guy who painted your house? Does he have the right to come peel off the paint? I think he should be able to do that; after all, he painted it.

One more time:

In the eyes of the law, the seller is the site, not the freelancer who works for the site.

So in your book the words "provision" or "limitation" do not exist. I'm not sure how one can argue with your assumptions.


My point was that I don't feel it's honest that the company has two or more cakes and only pay for one.


I'd like to hear opinions of active writers here; I don't think they would think my position is silly.


Right. But the policy that has provisions or limitations mutually accepted by both parties also complies with the law.


Right. In my example the writer also gets paid a fair, mutually acceptable fee for his labor but at the same time doesn't let the company (and him/herself) to make extra profits of his labor in the future.


Who is holding a gun to the writers' heads in my example?


What I'm suggesting is that if BOTH parties mutually agree to do whatever they wish with their copyright ownership they can freely do so and their agreement is valid.


IF I wanted to, I would make an agreement with him and such agreement would be a legal and valid agreement.


He has the right to peel off the paint IF WE MUTUALLY AGREE he has the right to peel off the paint. But in your book it's illegal and invalid if we make such an agreement..


Great, then I'm going to sue amazon.com, not the manufacturer, the next time I buy a battery that exploded and killed my cat.

You're misunderstanding the laws. Would you actually tell the judge that your "internal provisions or limitations" make it acceptable for you to sidestep the law? The site's internal contract with the writer is MEANINGLESS and completely irrelevant. The site is the seller. The site is unlawfully communicating to the customer the he/she will own the copyright. The judge won't give a damn about your "provisions or limitations." The law is the law.


Sorry, but your feeling is irrational, and I already provided several reasons as to exactly why that is the case. Please look up the definitions of "honest" and "unfair." A contract is neither unfair nor dishonest if both parties fully understand and agree-not under duress-to the terms of the contract. Now, validity is a different issue altogether. The contract is VALID only if it does not conflict with existing law.


I've already explained why you're wrong. If the company advertises copyright transfer to the customer, it is both breaking the law and committing outright fraud against the customer.


Yes, as long as a THIRD PARTY (e.g., unsuspecting and misled customers) is not involved. You're comparing apples to oranges.


You know perfectly well that the "law" to which I refer encompasses the specific group of state laws around which this entire debate is based.


Firstly, that would never happen. Secondly, one could argue that such a contract could be voided based on one of the party's lack of sound mind and body.


No, not illegal; just irrational. Alas, you are once again comparing apples to oranges. In this analogy, there is no THIRD PARTY (e.g., unsuspecting and misled customer) involvement. Also, the two parties in the analogy are not bound by the specific laws that I referenced.

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The killer, if you know, is turnitin.com. After this despicable, copyright-trampling monster didn't get sued out of existence like it should have, it made buying pre-written papers pointless.

It used to be that a student could save a couple bucks on a pre-written paper, if their topic was general enough. Custom research was generally reserved for obscure or specific topics. Imagine that now! Everyone wants custom papers.

Pre-written papers still exist, so if students really changed these things before handing them in, why aren't they still selling?

I am not sure which academic outsourcing company you are pointing to as the one that sells pre-written papers as "model papers" to their clients. Having worked with an academic outsourcing company as one of their top writers in the past though, I will admit that there are instances when an old paper is sent back to the writer for major revisions for no apparent reason other than "Just revise it please". I guess these are the instances that you are talking about so I will admit that your accusation is on the right track with certain writing companies. However, not all of the academic outsourcing companies do that. I would say that, based on the company I was previously connected with, 80% of their papers are originally written for the client. It all depends upon whether or not the company has an affiliate site that sells previously written academic papers. That said, I would not lump companies such as AcaDemon in this accusation. The company has a full disclosure presentation that states students who have already graduated from various levels of academic education are encouraged to sell their completed papers as pre-written "model" papers for students. With that disclaimer clear on their website, the students know for a fact that the paper they are purchasing is not worth submitting for a grade and is truly for use simply as a model paper.

I'd be much more worried about essay companies that don't disclose that they resell their projects than I would be about essay companies that do disclose that they resell their projects. If there's any monetary value to projects after they're provided to the original customer, it's probably a safe assumption that the company does resell them, notwithstanding that the market for prewritten papers has largely been killed off by plagiarism scanning. Even many of the plagiarism scanners save anything submitted to them for scanning and (probably) resell those projects through affiliated essay companies without ever disclosing that to anybody using their "free" scanning tools. If their TOS grant them copyright to anything scanned, they wouldn't even have to divulge that they resell your essays because they've secured ownership by your consent to their TOS as a condition of using their scanning system. At least the companies who actually do disclose this practice typically wait at least a few months after delivery to the original customer; the companies who deliberately avoid disclosing this practice probably don't even wait before reselling them.

I think although similarity index scanning software makes it difficult for such a company to resell a previous paper as an original piece, this particular niche is probably very much there but with a different marketing strategy. Googling for a potential area of research usually returns results that show such companies reselling old papers for cheap while they outright declare that it's only a sample. Most of these papers may probably have written a long time ago (say, 3-4 years), are outdated for most part, but are still selling because it's cheap, and someone entering a course and needing basic guideline won't mind spending as much as $2-3. I have had a client very recently who, when asked for some additional material, sent a model paper from one such company saying that it might help me, and that he bought it as it was cheap. The point is that though they're playing low, with countless resells every day, I think they're making a lot of $$ out of papers that are as good as old waste-paper.

I just did a quick search on the website of the company for which I wrote the most projects from 2003 to 2013. The list of my old essays is 12 pages long. Many of them are at least 10 years old, but they'd probably still be useful to learn how to approach and organize essays on similar topics.

I woke up the other day thinking for the first time in 3+ years, what's going on with AcaDemon? Coincidentally (?), I checked and found that I had sold yet another paper that same day, just a few minutes before. Spooky, huh?

Well, you may not buy custom made papers from a site that sells pre-written papers, but other students just might. There are some advantages to that sort of service for the student. The first, is that the student can get a paper based on a topic related to their homework or research paper to gain an insight into what their actual research should be about or at least, get an idea as to how to get started with their paper. The second advantage, is that if the student falls short on "research", then this paper, using its separate bibliography page, can come to the student's rescue by helping the student to add information, sources, or quotes based on the model paper. Nobody ever said that the pre-written paper should be submitted for a grade and any student that does that is not thinking straight or doesn't understand the concept behind pre-written papers.

Pre-written papers do have benefits when used correctly, with "correctly" being the operative word. Submitting a pre-written paper as your own is not just risky, it's dumb. Common sense says if a company sold a "used" paper to me, it sold it to another 50 students. It's in a database. Period. No way around it. If you're using a pre-written paper to garner information and to help with your own project, it can be helpful. As for companies that resell papers, I believe the majority do. I only know of a few that don't (which I won't name per forum policy). Further, most pre-written papers are fairly cheap, so it can be a good starting point if you're stuck.

The pre-written papers are actually the "model" papers that the "original model papers" are supposed to be. The students know beforehand that these papers have been previously published and they will not be using the paper for a grade being conscious of that fact. They have no problem with purchasing the pre-written papers because they will be using it only as a source material, if the information is less than 5 years old, or, as a basis for their fresh research, if they choose to do so. Most students who purchase model papers tell me that they do so because it helps to augment their classroom and textbook studies as well. They actually use it as a part of their study materials when they feel that they are not getting enough information in the classroom and, their research papers need some heavier information included. They tell me that it beats having to use online sources and looking for pertinent information one at a time.

The custom pre-written essay market has already died. Those sites died a long time ago. These days, students turn to AI for sample essay generation, case study samples, and everything in between. What does it cost them? Unless they are silly enough to actually pay for AI usage, Gemini will provide those stuff for free.