FOOTNOTES - PART 1

All footnotes used must follow an acceptable form as indicated in The Chicago Manual of Style (CMS), or in the examples below. As long as a form is acceptable, it may vary somewhat from these examples, but the important thing is that they are consistent throughout. If any changes are made, be sure they are made consistently.

The following guidelines may vary from publisher to publisher, and they may change some of the forms to fit their style manual before publication, but if you prepare them as indicated below, they will be acceptable and deemed professional, even if they have to be changed somewhat later.

Note: The examples below show note forms first, followed by bibliographic forms for the same items.

1. Books

1. Herbert Schlossberg, Idols for Destruction (Nashville, Tenn.: Thomas Nelson, 1983),238.

(Note that 1. is used, rather than a raised or superior 1. This is the style to follow both in footnotes and endnotes. Superior numbers are needed only in the text.)

Schlossberg, Herbert. Idols for Destruction. Nashville, Tenn.: Thomas Nelson, 1983.

2. Elisabeth Elliot, ed., The Journals of Jim Elliot (Old Tappan, N.J.: Revell, 1978), 356.

Elliot, Elisabeth, ed. The Journals of Jim Elliot. Old Tappan, N.J.: Revell, 1978.

3. Rosemary Ruether and Rosemary Keller, Women and Religion in America: The Nineteenth Century, vol. 1 (San Francisco: Harper and Row, 1982), 131-35.

Ruether, Rosemary and Rosemary Keller. Women and Religion in America: The

Nineteenth Century. Vol. 1. San Francisco: Harper and Row, 1982.

4. Thomas a Kempis, The Imitation of Christ, trans. E.M. Blaiklock (Nashville, Tenn.: Thomas Nelson, 1979), 46-47.

a Kempis, Thomas. The Imitation of Christ, trans. E. M. Blaiklock. Nashville,

Tenn.: Thomas Nelson, 1981. [alphabetize under K]

WORK FOR HIRE

Occasionally a publisher will send you a contract for an article or book that they are calling “work for hire.” Signing such a contract means you are giving away all rights to the material and that the buyer has full control. The rights will not revert to you after 35 years as they do when you sell All Rights.

This designation was intended to refer to material you wrote while working as an employee for someone else. Anything you wrote as part of the job is technically work for hire and belongs to the employer, not to you. They may or may not use your byline, because technically they become the author when you sign such a contract.

Some publishers attempt to use work-for-hire contracts in buying articles or books from freelancers, but that was not what the law intended, and you are encouraged not to sign such contracts. A work for hire is usually done by an employee, not an independent contractor—such as a freelance writer.

The exception is in writing something like curriculum material. That is often done as a work for hire since the publisher provides very strict guidelines, and the material is often used over several year’s time. Since this is not material that has any other potential market, it is acceptable to sign a work-for-hire contract for curriculum or other very specialized material. Ghostwriting also usually falls into the work-for-hire category.

A work for hire always has to be laid out in a written contract—it is never a verbal agreement—and it should be signed before the work begins. Be sure the contract specifies that the transfer of rights does not take place until the writer is paid in full. That way you won’t lose the rights if you are not paid. The contract should also specify whether or not you will be given credit as the author, and if so, how and where (size, type, and placement).

Who Owns the Copyright?

You may still run into editors/publishers who want to claim that a piece of work you do for them is work for hire if it is an assignment, and they are controlling the content. In any such cases, be sure to let them know you are not doing it as a work for hire, and work out the details of the sale before you begin.

A work for hire needs to meet certain criteria before it qualifies. Following is a list of the general criteria required:

1. The source of the required “tools” used for the job. WFH can be argued if you are using their equipment to prepare the work.
2. Place where the work is done. WFH can be argued is you do the work in their office.
3. The length of the relationship between you and the publisher. The longer you work, the more likely they will claim WFH.
4. Whether the publisher has the right to assign you additional projects. Usually you will be working on this one assignment and you will not be given additional projects while this one is in progress.
5. Whether you or the publisher plans your daily work schedule. WFH might be argued if the publisher controls your time.
6. How you are paid. If you are paid by the week or month as opposed to a lump-sum payment when the job is finished.
7. Whether the publisher hires any necessary assistants or you do it yourself. WFH could be argued if the publisher hires your assistants.
8. Whether your project is considered part of the regular work of the publisher.
9. Whether the publisher actually is in business.
10. Whether you receive employee benefits. WFH can be argued if you receive employee benefits.
11. How your taxes are handled. If they deduct taxes like for wages, they could claim WFH.
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    
    

WILLS FOR WRITERS

In addition to all the practical reasons anyone has for making a will, as a writer you need to be concerned about what is going to happen to the copyrights in your works. They could be your most valuable assets. Because any copyrights you hold will last for your lifetime, plus 50 years (if copyrighted since January 1, 1978), a copyright is something you can leave to your heirs in your will, and they can collect royalties or reprint fees long after you are gone.

Since there are any number of ways to divide these rights, you will want to think about it and make your wished known in your will. Since a copyright embodies a number of different rights, you can transfer them in their entirety or divide them between a number of different heirs as multiple shares. For example, a novelist might leave the dramatic rights to one heir and the translation rights to another. You could give the rights for the whole 50 years (after your death) to one person, or it could be divided, giving the first 25 years to one and the second 25 years to another. You actually can do it any way you want as long as there are clear guidelines to be followed. When you are having a lawyer prepare your will, be sure to let them know you want to make provisions for your copyrights and supply all the information needed to do so. Any such choices you fail to make now, the state will make for you later.

RIGHTS

        All publishing rights are negotiable, so don’t be afraid to negotiate with publishers who ask for all rights when you only want to sell first or one-time rights. If a publisher wants a piece badly enough, they will usually be willing to negotiate.

        Even if you sell all rights to an article, you can retain book rights if you think you might want to include it in a book later. In the cover letter to the editor, or in the upper, right-hand corner of the manuscript put, “Book rights Reserved” under whatever other rights you are offering.

        Don’t forget that just because a publisher offers to buy a piece, you do not have to accept the offer if the rights arrangement or payment are not acceptable to you.

        When you and the publisher have come to an agreement about what rights they are buying, preferably first or one-time rights, be sure to watch out for any statements printed on the back of your check that indicate that signing the check conveys the transfer of all rights (or any rights not agreed on). If that happens, return the check and ask that that statement be removed. Some have suggested that if you write “for deposit only” on the back of the check and do not sign it, that you are not agreeing to it. That will not work. Simply cashing the check implies your agreement.

PAYMENT PROBLEMS (BOOKS)

The terms for when and how you are to be paid for a book are all covered in your book contract. It should indicate that you will be paid royalties once or twice a year (contract says which), and by what specific dates. Be sure to provide yourself with reminders so you can follow-up if the payments are not forthcoming when due. Since most publishers make these payments 90 days after the end of the accounting period, there is no reason for royalty payments to be late. If you have an agent, it will his/her job to deal with this kind of problem.

Following are some typical problems and how to deal with them yourself:

1. If your royalty payment does not arrive on time, call the editor you worked with on the book and ask them to check into it for you. Follow up with a letter to the editor (reiterating your phone conversation) and another letter to the accounting department asking if the royalty payments have been sent out, and if so, letting them know you have not received yours. If you have been paid on time in earlier accounting periods, assume this is an oversight or lost check. If this is your first royalty payment, be more aggressive—although it could be that the royalty account has not been set up or set up correctly. In any case, you will want to correct any problems immediately.
2. If this is a reputable publisher, the editor will likely follow through to correct any problems and be sure you receive your check. If the editor is evasive or uncooperative, you may have more to worry about. Don’t let the situation slide—follow through immediately and persistently until you are paid.
3. Most book publishers pay on time, so if you have trouble getting paid it is usually a good sign that the publishing house is in financial trouble. If that is the case, it is usually best to follow the “squeaky wheel” principle. Let the publisher know that if you do not receive payment within two weeks, you will take legal action to collect.
4. In some cases you may be paid on time, but you have serious questions about whether your sales were reported accurately or you were paid according to the terms of your contract. Always study your royalty statement carefully, and ask questions if there is anything you don’t understand. Royalty statements are typically impossible to interpret, so don’t be intimidated. Ask those questions until you get satisfactory answers.
5. If the answers aren’t satisfactory—and you suspect something is amiss—your contract should give you the option of paying an accountant to audit the publisher’s books in relationship to your royalty account. If the auditor finds a discrepancy of 15% or more (or the percentage indicated in your contract), they must pay that, plus the cost of the audit. Always check your contract to see what your options are (and try to get this clause added to any of your contracts before you sign them).
6. Occasionally the problem in payment may be a difference of opinion about how the contract is interpreted, or you may discover that they are not abiding by the terms of the contract in calculating your royalties. For example, the contract may stipulate that if they sell books at a greater than 50% discount to bookstores or distributors, that you will get only half the usual royalty on those sales. That is a typical clause, but your publisher may be offering that higher discount on all sales to avoid paying you full royalties. You can challenge them in such a case, especially if the contract indicates that this is to be an untypical discount. It is best to have it written right into the contract that such discounts will be limited to a certain percentage of sales, but you can still likely win in court if the publisher is not living up to an industry standard or an author’s logical expectations.
7. Since most publishing contracts today do not allow you to sue your publisher, if you get no satisfaction in collecting your royalties or resolving differences of opinion, you may have no recourse except arbitration (which most contracts indicate).
8. Any time you have problems of any sort with your contract, always check the terms of your contract to see how to proceed. If legal action is called for, contact an attorney who is well versed in literary matters, and understands how the publishing industry operates.

PUBLIC DOMAIN

Any writing not having copyright protection is said to be in the public domain. That would generally
be written material that either never had copyright protection, or for which the copyright has run out. Before the new law went into effect, a piece of writing could be copyrighted for 28 years, and be renewed for another 28 years—or a total of 56 years. In 1978 the total length of a copyright was changed to the author’s lifetime, plus 50 years. Note that all copyrights are extended to the end of the final year. For example, if a copyright went into effect on June 15, the copyright would be good through December 31^st of the 50^th year after the author’s death.

If a copyright was in its first 28 years of copyright registration when the new law went into effect in 1978, in the 28^th year that copyright could be extended for 47 more years, for a total of 75. For that reason, anything that is 75 years old or older is always in public domain. When determining if the copyright has run out on something you wish to use, simply deduct 75 from the current year. If it was published prior to that date it is always in public domain.

Once a piece of writing is in public domain, it can never be copyrighted again. That is the reason you now see so many classic books or stories published by a number of different publishers. Since the material is in public domain, anyone can publish it without permission.

What Kinds of Materials are in Public Domain?

Following is a list of most of the materials that will be in public domain:

1. Anything published more than 75 years ago.
2. Anything published more than 28 years ago, if the registration wasn’t renewed.
3. Anything published prior to 1978 without a proper copyright notice.
4. Anything created by federal government employees as a part of their job.

PRIVACY LAWS

If you write about other people, you need to be aware of the privacy laws and what affect they have on such stories. Although we often hear of celebrities who have sued for invasion of privacy, the most ordinary citizen is protected by the same privacy laws that protect the celebrity—protected from unauthorized use of their name, likeness or personal history. The problem is the ongoing erosion of and changes in those privacy laws.

I would like to be able to give you a simple list of guidelines—a map of sorts-- to carry you through this minefield, but unfortunately the map is as full of holes as the minefield. In each case that comes before the courts, it comes down to how the judge decides to interpret privacy laws against the rights inherent in the first Amendment.

The rights of the individual will almost always win out when what is published is very personal or intimate—and the purpose in publishing it is wholly unworthy—or if what is written is obviously inaccurate.

Generally, the law says that “one who is part of a public scene may be lawfully photographed as part of that scene,” but if the person is being shown in a negative light within the scene, it could be an invasion of their privacy.

Another problem for the writer or photographer is if what they say or photograph gives the reader a false impression of the subject. For example, using the photo of a woman to illustrate someone else’s story of indiscretions—giving the impression that she was the guilty party.

Suits for invasion of privacy are not all that common, and if a suit is brought, the plaintiff must prove there was actual malice intended on the part of the writer or photographer. So generally, if you use your common sense, do your homework, always check your sources, and write only what you know to be true, revealing identities only when necessary, you won’t need to worry about being sued.

ADDRESSES FOR PERMISSIONS - PART 24-B

General Guidelines/Addresses for Scripture Quotations

Contemporary English Version and Today’s English Version, American Bible Society, CEV or TEV Permissions Department, 1865 Broadway, New York NY 10023.

The Living Bible (TLB) or Holy Bible, New Living Translation (NLT), Tyndale House Publishers, PO Box 80, Wheaton IL 60189-0080: You may quote up to 250 verses without permission as long as they do not comprise more than 20% of the total text of the work in which they are being quoted or a complete book of the Bible.

New American Bible (NAB), Confraternity of Christian Doctrine, 3211 4^th St. N.E., Washington DC 20017-1194 (Catholic).

New American Standard (NAS) and New American Standard Update, The Lockman Foundation, 900 S. Euclid St., La Habra CA 90631, 1-800-257-NASB. Website: http://www.nasbible.org.: You may quote up to 500 verses without permission as long as they do not amount to a complete book of the Bible, or comprise more than 25% of the total text of the work in which they are being quoted.

New Century Version Bible, Word, Inc., Permissions Dept., 545 Marriott Dr., Ste. 750, Nashville TN 37214.

New Geneva Bible, Attn: Permissions, Foundation for Reformation, 715 Vassar St., Orlando FL 32804, 407-839-0021.

New International Version (NIV) and Amplified Bible, Zondervan Publishing House, NIV Permission Director, 5300 Patterson S.E., Grand Rapids MI 49530: This is the most popular version among Christian periodical publishers. You may quote up to 500 verses without permission as long as they do not amount to a complete book of the Bible, or comprise more than 25% of the total text of the work in which they are being quoted. Note: Zondervan holds the publication and electronic rights to the NIV and can grant permission for these usage only. To receive permission to use the NIV for any other usage (recording, filming, video, etc.) direct your request to: International Bible Society, Attn: NIV Permission Director, 1820 Jet Stream Dr., Colorado Springs CO 80921.

New King James Version (NKJV), Thomas Nelson Publishers, Attn: Bible Rights and Permissions, PO Box 141000, 501 Nelson Pl., Nashville TN 37214-1000: You may quote up to 1,000 verses without permission as long as they do not amount to 50% of a complete book of the Bible, or comprise 50% or more of the total text of the work in which they are being quoted.

Revised Standard Version (RSV) and New Revised Standard Version (NRSV), The National Council of Churches, 475 Riverside Dr., New York NY 10015.

Scofield Bible, Oxford University Press, 198 Madison Ave., New York NY 10016-4314.

PERMISSIONS FOR QUOTING SCRIPTURE - PART 24-A

It is important to know that all paraphrases of the Bible are books with copyright protection just like other books. The exception is the King James Version and American Standard (except for notes, maps, photos, etc.), which are in the public domain. All other versions provide guidelines for use. Although most publishers have a standing permission to quote from the different versions as long as they give credit, it is helpful for the author to know what limitations are imposed by each publisher. Each publisher provides a list of written guidelines for such quotes. Generally, they all require that the quote be completely accurate (including punctuation) and that proper credit be given. If you need to quote more than the limitations noted below, and your quote is used in a work intended for commercial use (in other words it is a book or something you will sell to the public), you will need to ask permission. Many copyright owners will want a copy of the work in which the quote is used within 30 days following publication. Below you will find a summary of the guidelines on the most popular versions and information on where to send for those written guidelines which you may want for your files—and future reference. The guidelines will also tell you how the credit line needs to be written.

PERMISSIONS - PART 24

When telling someone else’s story If you do an article in which you tell someone else’s story, the publisher may ask for a signed permission slip from the subject giving permission for the story to be published. Such a slip should say something similar to the following: “I, ______, do permit the following story to be published (include title of article if available). To my knowledge the story is true and accurate in all details.” It should be dated and include spaces for name address, phone, and signature. You should then verify the story discreetly and attach the permission slip to the manuscript when you submit it. When including anecdotes/case studies of individuals in a larger work Send a release form that says something like this (adapt to particular situation): “I have read that portion of your (book/article), entitled __________, in which you mention my name and relate my experiences. I hereby give you permission to use my name and this information in this context.” It should be dated and include spaces for name address, phone, and signature.

PERMISSION FORMAT - BOOK -PART 23

Format for a General Permissions Letter - For book Although you can buy pre-printed permissions forms in triplicate at an office supply store, you may simply use a business-letter format that includes the following information: 1. Date 2. Name and address of author or publisher the form is submitted to. 3. Tentative title for your book; publisher’s name; publication date. 4. Whether book will be hardcover or paperback. 5. The exact material you wish to quote (either copied into letter if short, or attached). Identify where material came from, i.e., Page 16, paragraph two through page 18, paragraph 5. 6. Indicate what rights you are requesting. Be sure to make the request broad enough so you do not have to come back and ask for additional rights later. Usually it is for non-exclusive world rights in all languages, for this and all subsequent printings of your book. Also assure them that the granting of these rights will in no way restrict their use of the material or prevent them from granting similar rights to others. 7. Ask that if they do not control the rights to this material, that they will let you know who does, including name and address of that person/publisher. 8. Let them know what credit line you plan to use in the book for this quote (giving them the opportunity to amend it if desired). 9. Generally it is not necessary to mention the possibility of your paying them to use this quote. It is better to work under the assumption they will grant permission for free. If you do include anything, say something like: “Please let me know if a fee is required, so we can decide whether to include it in the above-named book.” 10. Include appropriate lines at the bottom where they may date and sign permission, plus include the name, title, and address of the permission grantor. 11. Send two copies of the letter, telling them to keep one for their records and return the other to you.

WHEN TO ASK PERMISSION - PART 22

Note to Book Author: It is best to wait for acceptance of your manuscript, before writing for permissions. Your publisher then will be able to give you the information to include in your request letter: title of your book, prospective date of publication, price, size of book, and number of copies in the first printing.

Note to Periodical Writers: When writing for periodicals, it us usually best to get these permissions before submitting your article.

Note to All Authors: Anytime your material is heavily dependent on a particular quotation, poem, or line from a song, you may want to ascertain whether you can get the required permission and if there is a reasonable charge, before you get too far into your project.

WHAT REQUIRES PERMISSION - PART 21

Material Requiring Permission:

        Authors are responsible to know the source of any previously printed material they wish to quote in their manuscripts. This includes indirectly quoted material from another publication that is a unique, original idea or highly selective and unusual information. It also includes material to be used extensively or as the basis of your manuscript. Such sources must be given with the manuscript, in footnotes, end-of-the-chapter notes, acknowledgments, or in a special note to the editor.

        Permission must be obtained to reprint lengthy quotes—ranging from approximately 250 words and upward. This is a total number including all quotations taken from one source. The total allowed is affected by the length of the source; for instance, 250 words might be allowed without permission from a source of 35,000 words, but 100 words from a source of 1,000 words might require permission. This, of course, applies only to material still under copyright.

        Notice of copyright is found on the title page, or page immediately following, in a book. In periodicals, it is on the masthead or first page of the text. 

        If the material is taken from a source older than 75 years, check for credit lines in footnotes, notes, acknowledgments, etc., for the copyright date for that particular item. A book’s copyright does not cover material that was taken from some other printed source. That printed source would have its own copyright date.

How to Request Permission:

        Authors are to write directly to the copyright holder. If that is the publisher, the address will be given on the title page or copyright page. If the holder is the author, or someone else, and no address is given, write your request to the holder and mail it to the publisher with instructions to forward it to the copyright holder. This applies to both books and periodicals.

QUOTING FROM POETRY & MUSIC - PART 20

Quotations of Poetry: Never quote more than one or two lines of a copyrighted poem without securing written permission from the copyright owner. Always give proper credit. In quoting poetry from a secondary source (book, magazine, or anthology), secure permission from the copyright owner of the poem.

Note: This rule also applies to hymns and music texts, unless the hymnal (or the specific hymn used) is in public domain. Always write to the owner of the copyright (if one is listed with the hymn) to secure permission to use all or part of a hymn. The title of a song or hymn may be used without permission. Also ask permission if you want to put new words to a familiar tune, arrange someone else’s music for a special application, or anything that casts their work into a new product.

COPYRIGHT - EXCEPTIONS - PART 19

Exceptions:

If a book contains a statement on the copyright page that explicitly requires written permissions, write for permission for quotations of any length.

1. Quoting 100 words in a short article is inappropriate. Proportion is sometimes more important than actual length of a quotation. Follow The Chicago Manual of Style in its suggestions about “fair use.”
2. Always write for permission to quote from any of the writings of Bruce Larson, Keith Miller, or C. S. Lewis.
3. Although Zondervan is the publisher of Streams in the Desert, they are unable to grant permission to quote from that book. Since the author got permission for only one-time use of each quote contained in the book, permission to quote the quotes must come from the original authors or publishers, not from Zondervan. This may be true of other quotation books as well.
4. Write for permission if the author’s phraseology has come to be closely identified with the author’s unique way of stating an issue or an idea.

WHAT DOES CR OWNER NEED TO KNOW? - PART 18

     * Send a written request to the attention of the “Permissions Administrator” or “Permissions Department.” Since the name of this department or desk varies from company to company, it is best to call ahead and ask who to direct permissions requests to.

 

1. Indicate exactly which paragraphs or pages you plan to use or duplicate.
2. If making copies (for a handout, for example), tell how many copies you plan to make.
3. Tell how you plan to distribute the material: in a book, for commercial sale , non-profit, handout, giveaway, etc.
4. If the material is to be used in a publication (such as a magazine, newspaper or newsletter), tell how many pages there are in the publication, and what the selling price will be.

Note: See format for permission’s letter in next posting.

GETTING PERMISSION - PART 17

If what you want to quote is in a magazine, write directly to the magazine for permission. If the publisher bought only first or one-time rights, the author owns the copyright and he/she is the only one who can grant permission. In that case, the magazine will usually forward your request to the copyright holder if they don’t own it. You can ask them to do that in your request letter.

If you find the quote you want to use in a book, check the copyright date in the book. If older than 75 years, you can use it without permission. If less than 70 years, determine whether the copyright is in the name of the publisher or author (copyright notice is usually on the back of the title page (sometimes on the front of that page). If copyrighted in the publisher’s name, send the letter asking permission to them. If in the author’s name, prepare the permission letter addressed to the author in a separate envelope and include it in a letter to the publisher asking them to forward it to the author.

If the book publisher has gone out of business, do not assume you can go ahead and use the material without permission. Someone still owns or controls those copyrights and you need to get permission before using them. You may then contact the Copyright Information Office. They will be able to tell you who the current copyright owner is for that particular book.

Prose Quotations: The policies of publishers vary regarding quoting from their publications without specific permission. Usually you need not write for permission to quote phrases or brief sentences. Publishers do not want to be bothered by requests to quote just a few words. The nature and importance of the material to be quoted will give guidance at this point. The two factors every publisher expects are (1) accuracy in quoting, and (2) the giving of proper credit.

PERMISSIONS - PART 16

Author’s Responsibility

If it is necessary to obtain permission to use quotes from other sources, it is the author’s responsibility to do so. When the quote is to be used in a magazine, seek the permissions before you submit the article to a publisher. Any permissions needed for a book should not be requested until you have a buyer for the book, since permissions are often given to a particular publisher for a specific project and may expire after a certain time.

If you are not sure if certain quotes require permission, your publisher can usually advise you. Book publishers often have a rights and permissions department that reviews each manuscript for that purpose.

Be aware that some authors and publishers grant permissions for quotes only if you pay a fee set by them. If such a fee is charged, you will be responsible to pay it—not the publisher—so you will have to decide if the quote is worth the asking price. If not, delete or replace it.

With many publishers, the need for permission, or the fee set, are based on how important the quote is to your article or book, and how predominant a place it will have in your work. In other words, if it is just a quote within the text somewhere, it is more likely to be considered fair use. But if it is going to be highlighted, printed in a box or used to introduce a new chapter, they may want payment. The grim reality is that at many houses, you will be asked to pay for the quote—even if it should be fair use—just because you asked. For that reason, it does not pay to be too cautious and ask permission for every quote—whether you think you need to or not. You could end up paying much more than you need to. It is also encouraging to note that few infringement cases are brought against authors of books and articles—most have to do with TV, drama, movies, etc. where much more money is involved. At the same time, don’t let the slim possibility that you will be sued deter you from making wise and informed decisions about when you should or should not ask permission. Common sense may be your best guide.

PAYMENT PROBLEMS (BOOKS) - PART 15

The terms for when and how you are to be paid for a book are all covered in your book contract. It should indicate that you will be paid royalties once or twice a year (contract says which), and by what specific dates. Be sure to provide yourself with reminders so you can follow-up if the payments are not forthcoming when due. Since most publishers make these payments 90 days after the end of the accounting period, there is no reason for royalty payments to be late. If you have an agent, it will be his/her job to deal with this kind of problem.

Following are some typical problems and how to deal with them yourself:

1. If your royalty payment does not arrive on time, call the editor you worked with on the book and ask them to check into it for you. Follow up with a letter to the editor (reiterating your phone conversation) and another letter to the accounting department asking if the royalty payments have been sent out, and if so, letting them know you have not received yours. If you have been paid on time in earlier accounting periods, assume this is an oversight or lost check. If this is your first royalty payment, be more aggressive—although it could be that the royalty account has not been set up or set up correctly. In any case, you will want to correct any problems immediately.
2. If this is a reputable publisher, the editor will likely follow through to correct any problems and be sure you receive your check. If the editor is evasive or uncooperative, you may have more to worry about. Don’t let the situation slide—follow through immediately and persistently until you are paid.
3. Most book publishers pay on time, so if you have trouble getting paid it is usually a good sign that the publishing house is in financial trouble. In that is the case, it is usually best to follow the “squeaky wheel” principle. Let the publisher know that if you do not receive payment within two weeks, you will take legal action to collect.
4. In some cases you may be paid on time, but you have serious questions about whether your sales were reported accurately or you were paid according to the terms of your contract. Always study your royalty statement carefully, and ask questions if there is anything you don’t understand. Royalty statements are typically impossible to interpret, so don’t be intimidated. Ask those questions until you get satisfactory answers.
5. If the answers aren’t satisfactory—and you suspect something is amiss—your contract should give you the option of paying an accountant to audit the publisher’s books in relationship to your royalty account. If the auditor finds a discrepancy of 15% or more (or the percentage indicated in your contract), they must pay that, plus the cost of the audit. Always check your contract to see what your options are (and try to get this clause added to any of your contracts before you sign them).
6. Occasionally the problem in payment may be a difference of opinion about how the contract is interpreted, or you may discover that they are not abiding by the terms of the contract in calculating your royalties. For example, the contract may stipulate that if they sell books at a greater than 50% discount to bookstores or distributors, that you will get only half the usual royalty on those sales. That is a typical clause, but your publisher may be offering that higher discount on all sales to avoid paying you full royalties. You can challenge them in such a case, especially if the contract indicates that this is to be an untypical discount. It is best to have it written right into the contract that such discounts will be limited to a certain percentage, but you can still likely win in court if the publisher is not living up to an industry standard or an author’s logical expectations.
7. Since most publishing contracts today do not allow you to sue your publisher, if you get no satisfaction in collecting your royalties or resolving differences of opinion, you may have no recourse except arbitration (which most contracts indicate).
8. Any time you have problems of any sort with your contract, always check the terms of your contract to see how to proceed. If legal action is called for, contact an attorney who is well versed in literary matters, and understands how the publishing industry operates.

LIBEL- PART 14

It is possible to write about a person—even in a negative light—without having to ask their permission. However, if what you say is presented as fact, you must be able to verify it as the truth. On the other hand, if it is offered only as an opinion, that is protected by the First Amendment. Making a statement as fact—that you can’t prove—may open you up to a libel suit.

Realize that you can write negatively about a person using a different name, but if they are readily recognizable from the incident or situation described, you can still be open to libel charges.

It is always best to use two criteria for avoiding libel suits. From a legal standpoint, never write anything for publication that is not true and verifiable. From an ethical standpoint, always ask yourself if there is anything to be lost or gained by using their real name.

GHOSTWRITING - PART 13

There are no legal technicalities involved in becoming a ghostwriter. You simply hang out your shingle. As a ghostwriter, you are basically a surrogate writer for someone—often an expert or celebrity—who does not have the time or talent to do the writing themselves. They (or often their publisher) will hire you to do the actual writing. They have total control over the content and you simply write what they want the way they want it written. Depending on the type of book, you often must write it from their point of view—or as if they were telling the story themselves. In ghostwriting you will not have your name on the book and may or may not be given credit inside for “editorial contributions.”

Once you have agreed to accept a ghostwriting job, you may need to have a contract between you and the subject, that lays out how and when you will be paid. Such a contract may not be necessary for articles, especially for customers you have worked with before, as long as they have agreed to your estimate or quote for payment. When the job is completed, along with the finished manuscript, give them an invoice for the work done, based on your agreement.

However, with a book project, you will need a contract with the source person or their publisher. If a publisher is involved from the beginning, it may be a good idea to meet with both the source and the publisher before starting to be sure you are all in agreement as to what kind of book you are to produce and how/when you will be paid. Ghostwriters are generally paid a flat fee—rather than a percentage of the royalties as you might get with a co-authoring contract. When the publisher is paying, your fee may be all or part of the advance. If the source is paying you, be sure the contract indicates that you will be paid whether or not the book actually sells. Generally, the amount you will be paid is based on your experience, credentials, and the length/difficulty of the project. Know what it will take to make this a viable project for you before entering into the negotiation process. If the source/publisher cannot or will not meet that amount, and attempts at negotiating fail, then be prepared to turn down the offer.

If you agree on payment, you will also need to determine when you will be paid. Often you will get half the payment before you begin, and the second half on completion of the project. If it’s a rush project and you won’t be able to work on other paying projects at the same time, you could ask for a greater percentage up front to support you during the work.

The contract or negotiations should also indicate whether or not you will have an expense account. If you will need to fly to meet with the source one or more times (which also involves housing and meals), there will be long-distance calls involved, postage to mail drafts back and forth, and the like, you will want to be sure someone else is paying those expenses.

FAIR USE - PART 12

Since this whole area of Fair Use can be confusing, I have contacted some publishers about what kind of guidelines they use for their editors and authors. Below is a list of guidelines used by a major book publisher. Again, this list is not meant to be the definitive answer to these questions, but it can be used as a general guide to put this all into perspective.

        1. Poetry: One line may be used without seeking permission; two lines or more require permission if the poem is not in public domain.

        2. Books of Prose: 501 or more words require permission. (This IS an arbitrary limit and will be altered in some cases.) This means a total of 501 words from the same source quoted throughout a manuscript, not necessarily just one quotation.

3. Article or other brief prose works: 101 or more words require permission. (Again, this is an arbitrary limit and may vary in some cases.)

4. Drama: 76 or more words require permission. This is an arbitrary limit and its validity will depend on whether the quotation is one continuous passage or a few words picked up from throughout the play.

      5. Music: Permission must be obtained for any copyrighted music used.

6. Song lyrics: See poetry; same guidelines.

7. Any material complete in itself: Permission must be obtained for use of entire short stories, essays, a chapter from a book, a prayer, an article, table, chart, map, graph, photograph, cartoon, drawing, etc.

8. Unpublished material: This is protected, and permission from the owner for even the briefest excerpt must be obtained. Remember: letters (the content) belong to the person who wrote them, not to the recipient. You must have written consent from the writer of the letter in order to quote from it, unless the writer is deceased.

9. Anthologies: Obtain permission for anything under copyright within the anthology.

10. Case studies, counseling tapes, etc.: This material is usually not under copyright, but use without permission may constitute invasion of privacy.
11. Parodies: A parody is usually intended to make fun of something. If you create a parody based on someone else’s material, it is best to get permission for such use.
12. Your material from Periodicals: When you plan to quote something you have said in a periodical, the new publisher may want a written confirmation from the original publisher that you have retained or control the copyright in the work.

Note: No permission is required for quoting works in the public domain. However, whether permission is needed or not, authors must give credit to their sources.

FAIR USE - PART 11

        One of the most confusing aspects of the copyright law is the understanding and application of Fair Use. In this context Fair Use refers to the use of quotes from other people’s writings without asking permission. The problem is that the Fair Use guidelines in the copyright law are just that—guidelines. They do not give specific parameters, only general ones. The Fair Use section of the copyright law specifies four factors we must take into consideration when using quotes for criticism, comment, news reporting, teaching, scholarship, or research. The four factors to consider are (followed by my explanation):

1. The purpose and character of the use; including whether such use is of a commercial nature or is for nonprofit, educational purposes.

Obviously you are more likely to qualify under this one if you are using it for nonprofit or educational purposes, rather than in an article or book you are planning to sell. It may still qualify for commercial purposes if it meets the following guidelines.

2. The amount and substantiality of the portion used in relation to the copyrighted work as a whole.

Next, consider how large a quote you are using in relation to the entire piece you are quoting from. A one-page quote from a book is more likely to be acceptable, than a paragraph from a 500-word filler.

3. The nature of the copyrighted work.

Is the quote from a poem or song? If so, you probably need permission. Is what you are quoting primarily factual or is it creative? If factual, you have more leeway here. If it is creative material (as opposed to factual), and more than just a line or two, you may need to ask permission.

4. The effect of the use upon the potential market for or value of the copyrighted work.

One of the most important considerations is whether you’re using this quote will help or hurt the author. If it leads others to seek out his/her material, it may help. If it actually replaces the market for that author’s material, then it will hurt. Simply ask yourself if you would be upset if someone else quoted you in a similar situation without asking permission. If so, ask.

A good example of inappropriate use here would be if you were writing a book on “How to Lead Bible Studies,” found a book on “10 Ways to Lead an Effective Bible Study”, pulled out that author’s basic list of 10 ways and wrote your own explanation of how to implement those 10 ways. In this case you have jeopardizes the market for their book by replacing it with your own.

Some writers mistakenly believe that if they paraphrase another author’s work, they will not have a problem from a “fair use” standpoint. They may be wrong. If they are paraphrasing a substantial portion, they may in fact be stealing the essence of that writer’s work—a violation of his/her copyright.

COPYRIGHTS FOR PHOTOGRAPHY - PART 10

The copyright law also offers protection for photographers and their photographs. Following are a few thing photographers need to know about that protection:

1. Photographs are also protected for the author’s lifetime, plus 50 years. This has eliminated two major problems for the photographer. Now they no longer have to worry about the copyright running out on a photo while they are still alive and want to resell it. They are also relieved of the daunting task of keeping track of the copyright on each individual photo and being sure to renew the copyright after the first 28 years was up.
2. Photographs can be registered prior to publication.
3. Photographers no longer lose a copyright on a photo if the copyright notice is left off, lost, or written incorrectly. If such a mistake is made, they have five years to correct it before they lose the copyright.
4. Having a photograph published in a book published in a foreign country does not jeopardize the photographer’s copyright in this country.
5. Having a photograph shown in a public display is not considered “publication” unless the photo is sold at the showing, or other plans are made to distribute it in some way.
6. Unless a photo has been registered, the owner cannot bring suit against anyone for using it.
7. A contact sheet of several photos can be copyrighted under one $45 fee.
8. Copyright ownership of a photograph is not determined by physical possession of the photograph nor by the fact that someone is the subject of a photograph.

COPYRIGHT WEBSITES - PART 9

           The following Websites will give you more information on copyrights:

Http://lcweb.loc.gov/copyright

Http://cerebralaw.com/copy.htm

http://www.aimnet.com/~carroll/copyright/faq-home.html

Http://fairuse.stanford.edu

gopher://marvel.loc.gov/11/copyright

Http://home.earthlink.net/~ivanlove

COPYRIGHT LAW - PART 8

What About Copyright Protection in Foreign Countries?

American writers do have copyright protection in foreign countries, but it is limited, and not necessarily the same as in the U.S. The U.S. is part of the Berne Convention—the oldest, most important, and effective multilateral treaty governing international copyright policy. You do not have to do anything to get this protection. It is automatic—just like U.S. copyright protection—when your piece reaches a tangible form.

The copyright protection each county affords is based on their own laws, so it varies. Most provide what is called “national treatment.” This basically means you will have the same protection the citizens of that country have. If you are distributing your work to a specific country, you may want to check out exactly what kind of protection you will have.

COPYRIGHT LAW - PART 7

What if someone does infringe on your copyright?

Although copyright infringement does not happen regularly, it does happen and there may be times you will need to know what to do. The fact that someone steals your material does not necessarily mean you will take action of any sort. Generally it depends on how much money is at stake. With the high cost of litigation, most writers will not even consider it unless a great deal of money is involved—such as a manuscript that is stolen and made into a movie.

I remember several years ago when word got around that a man from California was copying articles from Christian publications and trying to resell them to other magazines under his own byline. Unfortunately (for him), this is a relatively small market where many publishers buy reprints and before long editors and writers began to recognize the articles and stories he was offering. Eventually someone tracked down the man and knew where he lived, but because the amount of money he was making off the stolen material was minimal, no one ever took him to court. He eventually just faded away, but this is typical of most copyright infringements. The only ones that make the news are the ones where large sums of money are in contention.

Even if you go to court over an infringement, it is often hard to prove. If you registered the copyright at the time of publication it will be easier, of course. However, you can register a copyright after the infringement. The problem comes if the one who has stolen it has also registered it. The task, then, is for each of you to come of with sufficient evidence to prove that you actually were the creator. It helps if you have copies of first drafts, submissions to editors, and the like. The one who has stolen a literary property will have no such historical data to prove creation or ownership. Before attempting a suit, be sure that you have sufficient background/evidence to make your case.

Even being in the right never guarantees that you will win such a suit. Mark Twain would be the first to attest to that. In his day the big problem was with book piracy, and he often went to court to defend his rights. His response, after losing one such case, puts copyright infringement into perspective: “A Massachusetts judge has just decided in open court that a Boston publisher may sell not only his own property in a free and unfettered way, but also may as freely sell property which does not belong to him, but to me—property which he has not bought and which I had not sold. Under this ruling, I am now advertising that the judge’s homestead is for sale and if I make as good a sum out of it as I expect, I shall go out and sell the rest of his property.”

COPYRIGHT LAW - PART 6

Some writers are unnecessarily paranoid about sending out their material without a registered copyright. As I have said, they have automatic protection, whether it is registered or not. Although there may be rare exceptions, editors/publishers do not steal the material that is submitted to them. It would not be worth the risk to their reputation. Even stealing a writer’s idea is usually counterproductive, since it is an author’s unique connection to or treatment of the topic that makes most ideas valuable to the publisher.

Some writers believe that if they complete a manuscript and mail a copy to themselves, it will prove that they wrote a particular piece at a certain time. This has become almost an urban myth. Since postmarks can be falsified, such a letter will not stand up in court. If you have a valid reason to protect your material—as indicated above—then spend the $45 for the copyright registration.

COPYRIGHT LAW - PART 5

Some writers are unnecessarily paranoid about sending out their material without a registered copyright. As I have said, they have automatic protection, whether it is registered or not. Although there may be rare exceptions, editors/publishers do not steal the material that is submitted to them. It would not be worth the risk to their reputation. Even stealing a writer’s idea is usually counterproductive, since it is an author’s unique connection to or treatment of the topic that makes most ideas valuable to the publisher.

Some writers believe that if they complete a manuscript and mail a copy to themselves, it will prove that they wrote a particular piece at a certain time. This has become almost an urban myth. Since postmarks can be falsified, such a letter will not stand up in court. If you have a valid reason to protect your material—as indicated above—then spend the $45 for the copyright registration.

WHAT CANNOT BE COPYRIGHTED? - PART 4

There are some things that cannot be copyrighted. The following list covers the most common ones.

1. Ideas, plans, methods or systems. When presenting an idea for publication, only that author’s interpretation or expression of that idea can be copyrighted. For that reason the same ideas may be used as long as you express them in your own unique way.
2. Ideas or procedures for doing, making or building things.
3. Scientific or technical methods or discoveries.
4. Business operations or procedures.
5. Mathematical principles, formulas, and equations
6. Any sort of concept, process, method of operation, or plan of action.
7. General idea or outline, or title of a radio or television program.
8. Names, titles, and short phrases or expressions, such as: names of products or services; names of business, organization or groups (including a group of performers); names, pen names, or stage names; titles of works; and catchwords, catch phrases, mottoes, slogans, or short advertising expressions. For that reason you do not have to worry about whether or not someone else has already used the title you have selected—they probably have. And there is nothing you can do about it if someone else uses one of your titles. The exception is names that have become trademarks.
9. Even if you register a copyright, it does not prevent you from revising the material or even renaming it. However, the original copyright will only protect how it was written originally. If you want to protect subsequent versions, they will need to be copyrighted as “derivative works.” Since a title cannot be copyrighted, you do not have to register a title change as a derivative work. Instead you file a supplementary registration on Form CA. Note that in most cases, neither the original registration or these supplementary ones are necessary.
10. If a work was copyrighted as an unpublished manuscript, you may apply for a new copyright when it is published.

COPYRIGHT LAW - PART 3

*  When you sell a book, the publisher registers the copyright. The contract will specify whether it is copyrighted in the name of the author or name of the publisher (that is negotiable).

1. If you have an article published in a copyrighted publication, your article is covered under that publisher’s copyright. If selling to an uncopyrighted publication (where they do not register the copyright), it is best to ask that your copyright notice appear at the end of your article. Asking for a copyright notice on your piece even in a copyrighted publication indicates to the reader that they need to contact you, not the publisher, if they want permission to quote from or reprint it
2. If you ask that your copyright notice appear on every article you have published (whether the publication is copyrighted or not), you may register all those published pieces at the end of the year for one $45 fee. Bind them together or put in a loose-leaf binder under a collective title, such as “The Writings of Jane Doe 2016.” If a copyright notice does not appear on an article, it cannot be included in this collection.
3. You may also register all your unpublished pieces for the year in the same way, selecting a similar identifying title.
4. The copyright law does provide a way to correct or restore copyright protection if it was lost due to an error in or omission of the copyright notice, as long as it is done within 5 years of the error.

COPYRIGHT LAW - PART 2

     6. Cost for registering a copyright is $45 each. The cost alone makes registration prohibitive for most writers.

     7. The only reason you need a copyright registered is if you plan to sue someone for infringement, and in that case it can be registered after the infringement. The difference monetarily is that if the piece is registered after the infringement, you can sue for actual damages; if registered before, you can also sue for attorney’s fees.

8.     If you want to register a copyright, send to the Copyright Office for form TX (for published and unpublished non-dramatic works), or form PA (for published and unpublished works of the performing arts). Write to Register of Copyrights, Library of Congress, Washington DC 20559.

9. A copyright affords you the following rights: (1) to reproduce the work in copies; (2) to prepare derivative works based on the original; (3) to distribute to the public copies of the work by sale or other transfer of ownership or by rental, lease or lending; (4) to perform publicly a literary, dramatic or audiovisual work; and (5) to display publicly such a work.

COPYRIGHT LAW - PART 1

Although the copyright law itself is quite extensive, the part of it that affects the writer is actually quite limited. For that reason, this section will cover only what you really need to know to carry on the day-to-day business of writing and selling. Following are the major points to learn and remember.

1. The current copyright law went into effect January 1, 1978, so affects only material copyrighted on or after that date. Additional revisions were made effective March 1, 1989.
2. Everything you write has copyright protection from the time it reaches a tangible form (it is written down somewhere). You do not need to register the copyright to have that protection—it is automatic.
3. Technically when we say we are selling a book or other piece of writing, what we are actually selling are the rights to use that material.
4. As of March 1, 1989, you are no longer required to put a copyright notice on a piece of work to have copyright protection. However, common sense dictates that we put a copyright notice on each manuscript before submitting or distributing it. A copyright notice consists of a © (a C in a circle or parentheses) the year of creation or copyright, and your name, i.e., © 2016 Sally E. Stuart. For a book, the copyright notice is included on the title page. For periodicals, it can be included in either of the top corners of the first page, under your name and address on the left or under the number of words and rights offered on the right.
5. Generally, it is not necessary to register a copyright before submitting your manuscript to a publisher. The exception would be if you have done a lot of original research and have come up with information or statistics that others may want to use without permission.

PERIODICAL CONTRACTS

Some magazines or periodicals have the author sign a separate contract for each article they agree to buy. Other publications never use a contract, and simply lay out the terms in a letter. The contracts are usually simple—about a page in length—and basically indicate what you will be paid, when (on acceptance or publication, etc.), and what rights they are buying. Nevertheless, it is important that you read the contract carefully before signing and be sure that what the contract says adheres with the terms you agreed to verbally or the terms you expected. If it does not agree with your expectations, or you have questions, be sure to ask for clarification or answers. Do not sign the contract as long as any of your questions/concerns remain unanswered or the answers unsatisfactory.

Since publishers have been known to revise their terms without pointing it out to their authors, don’t assume that because you have signed a contract with this publication in the past that the terms of this one will be the same.

Once you have become a regular contributor to a publication, it is not out of line to ask for payment on acceptance (if they have been paying you on publication). If they have to do little or no editing on your work, you can also begin to expect (or ask for) a higher rate of payment.

The one area that may cause the greatest concern is the rights they are buying. Avoid selling all rights or doing work for hire unless the prestige and the payment justify it. Even publications that indicate that they buy all rights are often willing to negotiate. Unless you are writing curriculum, or the like, you should not be expected to do your freelance work as work for hire. (See section on Work for Hire.) Be especially careful of giving permission for publishing your material online. That should be carefully spelled out in the contract, and granting electronic rights should also indicate a higher payment. If in doubt—ask.

 

COLLABORATION AGREEMENTS

Anytime you are considering collaborating with another writer on a project, realize that the first step after deciding to go ahead, is to write up a contract between the two of you. This is essential whether the collaborator is your mother, brother, sister, pastor or best friend. It does not have to be long, too formal, or prepared by a lawyer. The two of you can compose it together and then sign it. It needs to indicate how the byline will be written (co-authors, as told to, with, inside acknowledgment, or whatever); how the proceeds will be split (50/50, 40/60, or whatever), this applies to the advance, royalties and subsidiary rights; who has the final word on disagreements; who is responsible for what part of the writing or research; how and when the contract can be terminated (usually by either party on 30 days written notice); as well as anything that may become an issue with this particular book. Anticipate any potential problems ahead of time and include the solutions to those in the contract.

The contract should also indicate what happens if the collaboration is terminated before the book is completed. Is the person initiating the termination entitled to any remuneration or a lesser percentage of the royalties? What if the termination is by mutual agreement? Who is entitled to go ahead and complete the project? Always prepare the contract to cover the worst-case scenario. For example, I worked with a co-author for two and a half years before deciding the partnership was not going to work. I backed out of the collaboration agreement, but because of the time I had invested, the contract with the publisher indicated that I still got 20% of the other author’s royalties.

If you plan to do subsequent books with the same co-author, you will want to have a separate contract for each project. When doing more than one book with a collaborator, it usually works well to alternate which one of you will have the final work on each project. When preparing each new contract, be sure to resolve any problems that have come up earlier and have solutions for those reflected in the new contract.

When collaborating, a publisher does not care what the arrangement is between the two authors. You simply tell them what the arrangement is and they will write it into the contract as you dictate.

Note: It is also a good idea to have a simple contract with other people involved in the preparation of the book—such as an editor you might hire to edit the book before submitting it to a publisher. I spoke with an author recently who hired an editor for a final edit, and paid him as agreed. When she then submitted the final manuscript to a publisher, that editor insisted he was a co-author and wanted his name on the contract. A contract with the editor (which she did not have) would have clarified his role in the project.

ANONYMOUS SOURCES

As writers we need to be as scrupulous and ethical as possible when it comes to identifying our sources for sensitive information we include in our articles and books. But the question of anonymous sources is bound to come up in some situations. When it is proper and acceptable to site anonymous sources for that sensitive information?

Before you include such information, you will need to evaluate it very carefully—because you will eventually have to convince an editor that it is trustworthy and worthy of inclusion. Ask and answer these basic questions: (1) How does the source know this information? (2) Does he/she have a reason to lie or color the truth? What do they have to gain? (3) Do you know the source; have they provided you with information in the past? (4) Does their information “fit” with what others are telling you? Can it be substantiated? (5) Can the facts/information they are giving you be interpreted in any other way?

The questions may vary with each different scenario. If you doubt your sources credibility, your editor and ultimately your readers will too. Trust your instincts—then get a second opinion from someone who has no vested interest in the piece and who’s judgment you trust.

If often comes down to your personal tolerance for using anonymous sources—some writers choose never to use them—and your editor’s (who also may have strong feelings about it). In many cases, using an anonymous source is like sending a nasty letter without signing it. Ultimately it is a matter of trust—your trust in the source—the editor’s trust in you—and the public or reader’s trust in the publication. So use the anonymous source only when you have no other way to deliver the truth.

LEGAL ISSUES - INTRO

When I started writing almost 50 years ago, I was not even aware of the need to know anything about rights, copyright, or permissions. But times have changed. Never before in history has there been so much said—or misunderstood—about what is right or wrong in this critical area.

Authors and publishers alike are more concerned than ever about protecting their material from those who would steal it and attempt to peddle it as their own. But this whole problem goes way beyond that. Today, we have to keep a close eye on the Internet, negotiate publishing contracts even for magazines, steer clear of unethical agents, often fight for payment or the return of our manuscripts—to name just a few. I don’t want to give the impression that it’s a minefield out there, but the professional author must both understand and be able to fight for his or her rights. This blog is being written to help you do just that.

I have been threatening to write about this for years, but it wasn’t until I sat down and started laying it out that I realized how much more I needed to include than I had originally planned. My intention is to both make you aware of the potential problems and also provide enough information that you can respond professionally and appropriately in almost any situation you come up against in your dealings with agents, editors, publishers, and even other authors. Some topics covered here may not be what you expected, but they are included because they relate to ethical/unethical situations in which writers may find themselves. In those parts we will focus on the problem situations or possible rights violations to look out for.

 After years of working with writers, teaching classes on copyright law, and answering specific questions dealing with rights and permissions, I am well aware of what kinds of questions and problems typically plague writers. This blog is written to meet those specific needs without making you wade through a lot of extraneous material.

I would suggest that you read through this material at least once a year for general background information and to increase your knowledge in these important areas, so you will be better prepared to defend your rights. Then also use it for reference when specific problems or questions come up.

In all my years experience as a writer and working with writers, one of my biggest frustrations has been in watching writers who were so ignorant of their rights that they let editors/publishers take advantage of them, or were so afraid of losing a contract that they were willing to accept any terms or treatment. The result of such ignorance or unwillingness to act has had a profound affect on writers everywhere. Publishers and agents are not going to change their policies unless the majority of the writers they work with let them know that slow response times, unfair contracts, late or ignored payments, and reusing material (print or electronic) without payment or credit are not acceptable. Together we can accomplish much more than we can do individually.

Tomorrow come back for the help you’ll need to recognize the problems and to act in a way that will protect your rights and the rights of your fellow writers.