Tag: copyrights

Another Self Publishing Advantage

Throughout this blog I’ve discussed many of the advantages of indie publishing over traditional publishing. Now here’s another item to add to the list. Owning the rights to your work.

First things first however. Before going any further, I need to state that I’m not an attorney. Nor is anything in this blog ever to be considered legal advice. This discussion concerns works of fiction, written of the author’s own volition. In this context it is common knowledge that the author owns the rights to whatever fictional stories he or she wishes to create.

The Problem with Traditional Publishing

The business model for traditional publishing is for the publisher to pay the author an advance against their royalties. In exchange, the author signs some or all of their rights to their work to the publisher. It all sounds wonderful. At least on paper. But when talking with traditionally published authors, I often hear the same story. “My name is on the book, but it’s not what I wrote.” Unfortunately, this is what happens when the author signs away their rights to the publisher. The publisher can revise or rewrite the story in ways that the author never imagined or intended.

Some authors may not care. As long as they’re getting their royalty checks, they’re okay with it. However, those of us who pour our hearts and souls into our work may find it problematic.

The Advantage of Nontraditional Publishing

Like many fiction authors, I put a lot of thought into what I write. For example, I may name my lead character Erica after a favorite aunt. She has  long blonde hair and brown eyes like my best friend in fifth grade. The story is set in Idaho because my family vacationed there when I was a kid. In other words, everything I write is there for a reason. I also have my own unique writing  voice. It’s like a signature and it distinguishes me from other authors. So the last thing I want is a nameless, faceless editor to come along and change Erica’s name to Sarah, and morph her into a brunette living in Boston. Nor do I want anyone taking away my voice. This is why I do nontraditional publishing.

Partnership Publishing and Self Publishing

There are two avenues for nontraditional publishing. Self publishing and partnership publishing.

Like a traditional publisher, a partnership publisher prints and distributes the book. Many, if not most, offer additional services, such as editing, proofreading, typesetting, and cover design, just like a traditional publisher. But unlike a traditional publisher, they do not buy the rights to the author’s work. All rights remain with the author. This means they do not make any changes to the content or story without the author’s okay.

There are a number of good partnership publishers out there. Unfortunately, there are others that are not. Therefore, it is up to you, the author, to do your research and find the right company. Fortunately there are resources, such as Writer Beware and Trust Pilot, which can help you weed out the bad guys

The other option is self publishing. In this model the author is in charge every aspect of writing, producing, and distributing the book. I tried self-publishing when I first started writing. We’ll just say it was a humbling experience. I then worked with a partnership publisher. Later on, when I understood how the business worked, I created my own publishing company, Good Oak Press, LLC. Having been a graphic designer before I became a writer, it was the right choice for me, but it’s not right for everyone. If it’s not for you, don’t worry. Partnership publishing gives you plenty of options without signing away the rights to your work.

When to Consult with an Attorney

Those with specific questions about copyrights should consult with an attorney who specializes in copyright law. I also highly recommend consulting with an attorney before signing any publishing contract, regardless of whether it’s with a traditional publisher or a partnership publisher. Licensing agreements can be complicated, and there may be loopholes in there which the author does not expect. You need to fully understand your specific legal rights before going forward.

Gayle Martin

Pirating Really is Stealing

© Can Stock Photo/ paulvinten

Every once in awhile I’ll come across someone who thinks intellectual property should never be copyrighted. Or they believe that everything on the Internet is public domain. Most of them understand copyright law. They just think they’re entitled. According to them, the movie studios, record companies and book publishers have plenty of money. Therefore, they shouldn’t have to pay for the music or book, and they see nothing wrong with pirating an artist’s work.

No matter how many times you try to explain to these people that pirating an artist’s work is actually stealing from the artist, they don’t care. Their argument is that books, music, and other creative works are merely ideas and nothing more. To them, it’s simply wrong to put a copyright on an idea. Creative works, however, are more than just an idea. They are the result of someone’s unique interpretation of an idea, and a lot of blood, sweat and tears goes into creating it. This is why creative works are considered intellectual property.

I’m not an attorney, nor am I giving  legal advice. However, it’s common knowledge that a creative work belongs to the person, or persons, who created it. I’m also going to explain, in layman’s terms, what pirating, and plagiarism actually are.

Pirating

Pirating means you are obtaining a copy of someone else’s creative work  in such a way as to circumvent having to pay for it. A perfect example would be borrowing a friend’s CD and copying the music onto your computer. And yes, pirating is also illegal. Making copies of someone else’s creative work without their permission is illegal too. This is why, for example, a church cannot photocopy songs from a single songbook so that each choir member has a copy. If they were to get caught they could end up with a hefty fine. They would, instead, have to provide a songbook to each choir member.

Regardless of how the work is pirated, the end result is the artist who created the work it isn’t paid by the person using it. Pirating is stealing. Period.

Plagiarism

Plagiarism is another way of stealing. It’s taking someone else’s work, putting your name on it, and then claiming the work as your own. This is why scholarly works include footnotes and bibliographies. It’s also why our teachers and professors would gave us failing grades on term papers if we didn’t properly credit our sources. There have also been cases of plagiarism in music when a riff used in one song may have sounded too much like a riff used in another published song.

For more specific information on copyrights, fair use, and other intellectual property law, or if someone has used your work without your authorization, please consult a copyright attorney.

Gayle Martin