The Motivational Editor

Helping Writers Go from Unpublished to Published

Protect Your Work from Copyright Infringement

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copyright symbolCopyright infringement concerns many creative people, be they writers, musicians, movie makers, or otherwise. A complaint I hear from many beginning writers deals with copyrights and whether publishers will steal their stories. Having a rudimentary understanding of the law will put your mind at rest.

An idea is not copyright protected. According to attorney Tonya Marie Evans and author of Literary Law Guide for Authors, your idea submitted in a book proposal or screenplay pitch “may be protectable under state law.” Once you put your idea into a tangible form, i.e. a manuscript, your work is protected.

Whether or not your work carries the copyright notice (© symbol, year, name), it is protected under the law. However, displaying the notice negates at least one legal argument: “I didn’t know it was copyrighted,” aka innocent infringement.

You cannot file a copyright infringement suit unless your work has been registered with the Copyright Office. In other words, you can’t sue someone for using your material if it isn’t registered. For bloggers this does present a problem, but not an impossibility. Your blog content can be registered.

Registration within 3 months after publication has its benefits, both legally and financially. I registered my book Help! My Husband Has Sexually Abused Our Daughter as soon as I had the galley proof from my POD publisher. Information on copyright.gov is extensive and can answer many of your questions. 

For further reading:

How to Get Permission to Use Copyrighted Material

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Before you can request permission to use copyrighted material you must know one very important item: who owns the right to grant permission. That right does not always belong to the author of the work. With books, it is often the publisher who holds permission rights. The info is generally found on the reverse side of the title page where all other copyright information is listed.

In today’s Internet world, many publishers now include how to ask for permissions along with what they consider fair use (word count varies widely). Some sites include tabs directly labeled “rights” or “permissions” or both. In other cases you may have to do a bit of searching on their site to find the information, and in other cases you will have to contact the company to gain more information. When what I’m looking for isn’t obvious, and a search yields no results, I often have success by referring to the “Contact Us” page.

Here is a list of information permissions grantors will need (please realize this is not an exhaustive list of the information you may be required to supply, and varies from publisher to publisher):

  • Who you are
  • Title of work you want to quote
  • Author of work
  • Copyright year of book
  • Page quote appears on
  • Word count of the quote
  • Your intended use, i.e. online, book, greeting card, etc.

If your intended use is in a book, they’ll want to know:

  • Title
  • Author
  • Publisher
  • Date of publication
  • List price
  • Estimated print run.

If your intended use is on the Internet, at a minimum they’ll want the web address.

All these things determine the permissions fee. (Yes, there is a cost to using someone else’s material.) If you do not expect monetary gain from your use, tell them. It may lower the permission fee.

So you can get a better idea of how all this looks, here is a link to Baker Publishing Group’s online permission request form.

If this seems too overwhelming to you, and you have the money to spare, you can find assistance from the Copyright Clearance Center or from freelance permissions consultants.

Does online research intimidate you? Leave a comment below.

Debar L. Butterfield © 2013

How to Register a Copyright for Your Work

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There are a number of businesses that offer to help you obtain your copyright registration—for a fee, of course, and often an exorbitant one.

The process is not difficult, not costly, and generally not that time consuming either. You can accomplish it either online (costs $35) or by submitting paper forms (costs $65).

Here’s how:

  • Go to copyright.gov
      •  At the center top of this page is a link titled “How to register a work.” This link leads to a page that explains the benefits of filing online, and offers links to further info such as acceptable file types, tips, FAQs, and tutorials.
  • To register online, you will have to establish an account with the electronic copyright office (eCO). Click on the eCO login link on the home page. You’ll find it directly below “How to Register a Work.”
      • Once you have your account established, you will be directed to the home page for your account. This page includes a number of links for tasks you may want to complete, including registering a copyright.
      • On the left of the page are three sections: Check Registration Case Status, Copyright Registration, and Additional Copyright Services. You will find “Register a new claim” under Copyright Registration. Click this link and follow the instructions.

And you’re done! You’ll receive your Certificate of Registration from the Library of Congress. Current processing time for online filing is 2.8 months.

  • To register via paper forms, you’ll find the correct form on the “How to” page. There are different forms depending on the type of work, i.e. literary, visual arts, sound recordings, etc. Download the file and follow the instructions. Processing time for paper filing is 5.5 months.

Do you have a question about this process? Submit it in the comments and I’ll do my best to find an answer it.

Debra L. Butterfield © 2013

What is the Fair Use Doctrine?

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The Fair Use Doctrine relates to copyright law and is a limitation on an author’s copyright that allows for the limited use of copyrighted material without the author’s permission.

There are no set guidelines—no specific word count or lines that may be used—and the distinction between what is fair use and what is infringement isn’t always clear. It is always wise to cite your source, but citing the source doesn’t protect you against copyright infringement.

If you are quoting one or two lines from a book, you are more than likely within fair use. Always check the copyright page of the book first. Do not quote song lyrics without getting the correct permission. 

Put yourself in the author’s shoes. If you had written what you want to quote, would you feel your copyright had been infringed?

If you’re unsure whether what you want to quote is within fair use, ask for permission or avoid using it.

Debra L. Butterfield © 2013

Copyrights, Part 1

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So you want to use part of someone else’s book/music/art/poem in your book. You’ve just entered the realm of copyright law.

Was that work published before 1923? If so, it has entered the realm of public domain. It can be freely used, but you must cite the original source. Some works published between 1923 and 1963 have also entered public domain.

You can begin an informal copyright search online. For items registered since 1978, here’s how:

From the Search the Catalog page you’ll have the option of searching by title, name, or keyword, as well as other options. The page offers instructions on conducting your search, along with another link for finding information on works registered prior to 1978.

Next Tuesday, we’ll take a brief look at the fair use doctrine. This series on copyrights will also include how to find out who owns the copyright, and how to obtain permissions. Be sure to visit every Tuesday for Tuesday’s Tip.

In the meantime, happy hunting.

Debra L. Butterfield © 2013

How to Analyze What You Read

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Even though I make it a point to read bestselling authors, I often go to the library to pick out books by authors I’ve never heard of. After all, how would new authors ever make it the best seller list? I’ve discovered some wonderful authors this way. And in all honesty, I don’t pay that much attention to the lists.

As a writer, I make it a point to read novels specifically to learn writing technique. If I happen to enjoy the story as well, all the better. I do most of my pleasure reading in the summer when I can sit outside while I read. Even when I read for pleasure, I learn.

How do I analyze what I read?

  • Does the first page grab my interest?
  • How does the author develop the book’s characters?
      • Are the characters individuals or do they all to think and talk alike?
      • What techniques does the author use to make his characters unique?
  • Can I follow the plot?
  • Are there passages of narrative that drag or begin to bore me?
  • How does the author treat dialogue?
      • Does it seem real? Why? or why not?
      • Does it flow smoothly? Why or why not?  
      • Does it create mood and express emotion?
  • How does the author make use of similes and metaphors?
  • Does the author draw me into the story by appealing to my sense of taste, touch, smell, sight, and hearing? If yes, I make note of how and what I like about how it’s done.
  • How does the author employ point of view (POV)?
  • Am I bored? Why or why not?
  • Do I like the story? Why or what not?

The list could on, but I don’t have all day and neither do you. This should be enough to get you started on your own journey.

What do you look for when you read a book? Share your comments below.

Debra L. Butterfield © 2013

How Do Plot and Scene Work Together? Series Conclusion

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Let’s connect the pieces of plot, scene, and sequel.

Plot at its most basic level is your lead character’s goal and the journey to reach that goal. That journey is played out in the scenes and sequels of your story.

Scenes show the reader the individual steps your character takes to reach his or her goal and the setbacks along the way. Sequels bridge your scenes and present the character’s reaction—emotions and thoughts—to the setbacks, and his or her subsequent decisions and renewed action toward the final goal.

In your WIP, can you identify:

  • The beginning, middle, and end of each scene?
  • How each scene moves your plot forward?
  • Your sequels?
  • How your sequels move your plot forward?

For practice, look for the scenes and sequels in your favorite novels. Does some aspect of your WIP have you stumped? Share below.

Debra L. Butterfield © 2013

Dealing with Time in Sequels, Part 5 of our series

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Unlike the scene, which happens moment by moment, the passage of time in a sequel is flexible. Here you can move quickly through hours or days (even months) in your story. What took 158 words as a scene can be written in much fewer words. I’ll take our last example, a scene, and make it a sequel.

Example: Marta searched her Excel file for the next group of potential investors to contact. She made phone call after phone call as she identified names, her temper rising with every conversation. Ten calls, and ten “no’s.” The clock on the wall read 3:30. She shut down her laptop, stuffed it into her briefcase, and tromped out of the office. She’d start again tomorrow.

I have sufficiently covered several hours in her day vs. the few minutes of one phone call I used in a scene. We see her emotional and mental state, and her decision and action (all the elements of sequel).

Questions? Ask below in the comment section.

Debra L. Butterfield © 2013