Tag: Copyright

Cheri Speaks

What You Might Not Know About Copyrights

Working in the self-publishing industry, one of the most common problems I see is copyright issues. For instance, authors will take pictures or text from websites or quotes from television shows and use them in their work. Many of these authors believe that it is okay to use these materials without permission. The truth is these materials are copyrighted and using them without permission can result in plagiarism and other legal concerns. Whenever you use photos or text that were not created by you, you need permission, even if you obtained them on the web.

Another issue that surfaces regularly is pictures taken by the authors themselves. Even though you own the picture, you need permission from the people and places in the photo in order to distribute the picture. This is a privacy issue and can result in serious legal consequences.

Cheri Breeding ABOUT CHERI BREEDING: Since 2005 Cheri Breeding has been working as the Director of Production for Outskirts Press. In that time, she has been an instrumental component of every aspect of the Production Department, performing the roles of an Author Representative, Book Designer, Customer Service Representative, Title Production Supervisor, Production Manager and, Director of Production. She brings all that experience and knowledge, along with an unparalleled customer-service focus, to help self-publishing authors reach high-quality book publication more efficiently, professionally, and affordably.
Cheri Speaks

Copyright 101

As a writer, you have heard the term copyright. After all, you want your book to be copyrighted to protect your hard work, but you aren’t always sure how to use other people’s copyrighted work. Don’t worry, many authors feel the same way. Copyright laws can be confusing, but you can protect yourself from possible infringements; the easiest way to do so is to learn copyright basics. Here are a few pointers to get you started.

In publishing, there is no such thing as fair use.

When it comes to copyright laws, you have probably heard the term fair use. Well, this term does not apply to the publishing industry. Fair use is only applicable in education and nonprofit settings. If you write for profit (aka publish and sell a book), you are not protected under the fair use clause.

There is no magic number.

Some authors think they can use a small portion of text or a piece of a photograph without worrying about copyright laws. Unfortunately, there is no magic number that determines a copyright infringement. Even one line from a poem requires permission from the author.

Recognition and permission are not the same thing.

Many authors think that including the copyright owner’s name after a quote or photograph is adequate recognition. However, to avoid a copyright infringement you need written permission from the copyright owner. Recognition prevents you from being accused of plagiarism, but it does not clear you of copyright infringements.

Song lyrics are protected.

If you quote song lyrics, you need the copyright owner’s permission. However, if you simply reference the song, you do not permission.

If you find copyright law confusing, consider consulting a professional. Also, check out the links below for more information on copyright laws.

United States Copyright Office

Copyright Law Video

Cheri Breeding ABOUT CHERI BREEDING:
Since 2005 Cheri Breeding has been working as the Director of Production for Outskirts Press. In that time, she has been an instrumental component of every aspect of the Production Department, performing the roles of an Author Representative, Book Designer, Customer Service Representative, Title Production Supervisor, Production Manager and, Director of Production. She brings all that experience and knowledge, along with an unparalleled customer-service focus, to help self-publishing authors reach high-quality book publication more efficiently, professionally, and affordably.
Book Doctor

Self-publishing Guest Post: Ask the Book Doctor

Q: When I send my manuscript to readers or agents, should I put the copyright c in a circle on the title page, on every page, or anywhere at all? Should a date be there also?

A: I tend to trust people and therefore do not put a copyright mark on my manuscripts, because the laws of copyright protect us—that is, we own the rights to all our intellectual property the moment we create it. Also, agents and publishers who see a copyright mark may think the person who sent the manuscript is unknowledgeable or paranoid, because it is not necessary to officially register the copyright until the work is laid out and ready to be published in book form.

If, however, you feel more comfortable marking your manuscripts with a copyright mark, the traditional method for showing a copyright is to use the symbol c in a circle or write the word “Copyright.” Either form should then be followed by the year and your first and last name, all on one line. It should appear on the title page only, and because it is not standard to have a copyright mark on a manuscript, there is no standard for where on the title page to put it. I would probably put it two lines below the name of the author on the title page.

Do not, however, go to the trouble of registering the copyright with the government until the book is about to be published. The content will no doubt change between the time you write it and it gets published, so wait until the book is in its final form before paying to register the copyright.

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Choosing a Publisher, Self-Publishing

Copyright and Copywrite in Self-Publishing

Many authors often confuse the terms copyright and copywrite. Both are important elements in quality self-publishing and your publisher should offer both.

Let’s start with copyright – often the source of a deeper misconception. Some may be under the impression that copyright registration is a must prior to submitting their work to a publisher. That is not the case. Protecting your work is a good idea and should be on your radar, but actual registration is not necessary prior to submission.

The Basics: Copyright law provides the creator of a work (manuscript in this case) exclusive rights to control who may copy or create derivatives of that work. When do those exclusive rights take effect? The instant that creative effort is placed in tangible form – the first sentence put on paper. This specific protection was originally drafted under what is commonly known as The Berne Convention (for the Protection of Literary and Artistic Works), an international agreement governing copyright law. This agreement has been signed by nearly every major nation including the United States.

So what does official registration with the US Copyright office accomplish? Protection in the event litigation concerning the creative work, or book, arises, the likeliness of which is rare.

Publishers should offer official registration with the US Copyright Office nevertheless. Make sure yours does. It’s a good idea to let them take care of that process through their professional services. Here is how it works: once your book is published your publisher will likely have you submit the required forms to complete the registration process with the Copyright Office on your behalf. Your copyright is registered on the date the Copyright Office receives all the necessary information, regardless of how long it takes them to mail your Copyright Certificate to you. Keep in mind it is taking the Copyright Office roughly 12 MONTHS to mail the certificates and this is a timeframe outside the control of any publisher.

If you have already applied for a copyright don’t wait for that to become official to begin working with your publisher. Remember, your work is already protected, and readers are ready for your book now.

There is a work-around for concerned authors called the “poor man’s copyright”. Simply mail a hardcopy version of your work in a sealed envelope to yourself and keep for your records. The sealed document will contain proof of ownership in a stamped and dated form. This is not a substitute for registration, but provides a measure of temporary protection.

Side note: Titles cannot be copyrighted.


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Choosing a Publisher, Self-Publishing

7 THINGS TO KNOW ABOUT TRADITIONAL PUBLISHERS

Things every author consider when considering self-publishing vs. the old-fashioned model…

7 – Traditional publishers lose money on over 85% of the books they publish, so they only accept around 2% of those that are submitted.

6 – They typically accept manuscripts only from established authors who have demonstrated a proven track record.

5 – Authors lose content control of their work during the editing process.

4 – Authors must still invest an enormous amount of time, energy, and money promoting a traditionally-published book.

3- Authors typically receive 5-10% royalty on the wholesale price of the book, and from that have to give 15-25% to their agent. Do the math.

2 – The majority of books published by old-fashioned publishers go out of print within 3 years. Many books that are stocked on book shelves remain stocked for as little as five weeks before being returned, unsold, to the publisher.

1- Old-fashioned publishers acquire all rights to your book and keep them, even when the book goes out of print or the publisher goes out of business. Yikes.


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