Writing Your Way to California's GoldIn this month's exciting issue of the Write Better Fiction e-zine we focus on the publishing side of the writing game. The three major divisions of this writing life are; Establishment, Operations, and Sales: 1. Establishing Our Writing Business This includes all the boring but necessary stuff, including; the technology of the craft, legal, taxes, supplies, equipment, work space, scheduling, etc. 2. Operating Our Writing Business This is where we do what we like to do; Story Conception, Story Design, Story Composition and Story Editing - (if you're using my Story Creation Process) or this is where you "type and pray" if your still using a "non-system" and entreating the muse. 3. Sales of Our Writing Products Promotion. Marketing & Sales - This is what most of us never do enough of; market research, query letters, submissions, interviews, book signings, article submissions, etc. The irony is that to operate as "writers" at all we must juggle all three of these areas with some expertise - devoting as much as 1/2 hour in each of Establishment & Sales for every hour we spend in Operations - or die broke and unknown. I know - just when we thought we'd scaled the mountain of how to write a decent story, we look over the peak and discover there are two more mountains to cross before we can reach our goal of being published, and at least moderately paid for our work. The truth is, just creating a good story and telling it well are not nearly enough. One must also know how to get that story published, and know how to get those books sold. Writing well, Publishing well, and Selling well are the three mountain ranges that every writer must cross on his way to success as an "Author". We all start our writing life in about the same place; with a pen, a fistful of blank paper and a gleam in our eye. We dance around the meadow for a while until chancing to see that far off mountain. Some of us run for it, some of us walk but eventually (intrigued by rumors of California gold on the other side) we begin the ascent - learning how to conceive, design and compose a story well enough - that it could be published. Many attempt the climb. Few cross the peak. My objective is to provide maps, guidance, equipment and encouragement for those intrepid souls with the determination to cross to the other side. But I would be remiss if I didn't also provide at least some indication of the two other mountain ranges that stand between the aspiring writer and his dreams. With that in mind, this month's focus is on the Legal aspects of the "Establishment" part of the writing life. While it may not be as "fun" as the "writing" part; one must know what they're up against - forewarned is forearmed. There are bandits, crevasses, and deserts to cross - but the good news is that the first peak is the most difficult by far. Marketing and Sales are mountains that have been better explored and mapped than how to conceive and tell a good story well. The following articles will help you find your way to "California's gold". "Richard A McCullough is the creator & editor of http://www.write-better-fiction.com the Fiction Writers source for Writing Better Fiction Faster and Selling More of What You Write. - Copyright 2010 Richard A McCullough: you may freely republish this article, provided the text, author credit, active links and this copyright notice remain intact."
There are links at the end of each article. Please feel free to send the link or the full e-zine to a friend.
John Kramer's list of Editors have bought at least one book from a first time author. The list of Editors is free but the list of Agents is $30. I've heard John Kramer speak. He's a great guy and great source for tons of info on the publishing end of things. BookMarket.com Note - I'm not an affiliate and make no money on whatever you might do with John.
Hope you enjoy this month's issue. For comments and questions you can reach me at Richardmcc@write-better-fiction.com. I'd love to hear from you. I can only do so much alone - I could use your help.Help me help your writing friends. Forward them a copy of this e-zine or send me their name and email addresses and I'll send them an invitation to receive this free monthly e-zine. No spam - just an invitation. They'll need to opt-in on their own.Table of Contents
Writing for publication, with the intention of publication, is what sharpens us as writers. It's what makes us work hard to materialize our visions, to get the words right, the characters true and to say what is in our hearts to say. Writing for publication is what defines us as writers. And while corporate executives may be wringing their hands and gnashing their teeth - artists should be dancing in the streets! What you don't know - can harm you. Writing for PublicationWriting for Publication is the only legitimate reason to write stories. Creating "Art for art's sake" is a fool's errand.Too often I hear otherwise intelligent and well meaning writers express comments like the following regarding their work when the subject of “Publication” comes up. “I prefer to just have fun with my writing.” “I don't want publication to be the reason I write.” And then they turn right around and conclude with; “I have something to say and some stories I want to tell. For right now, that's enough for me. I write because I have stories I want to tell.” It should be obvious to see there is a confusion of crossed purposes at work here. If one writes a story and then no one reads it – it is as though it were never written. As though it never existed at all. Writing for publication, with the intention of publication, is what sharpens us as writers. It's what makes us work hard to materialize our visions, to get the words right, the characters true and to say what is in our hearts to say. Writing for publication is what defines us as writers. Writing for an audience, writing to be read is the only legitimate purpose - for writing stories at all. This art we call “writing” is at minimum a three stage process.
Art (in whatever form) is a form of communication. As such it requires an audience. It requires that someone actually receive the communication. Without an audience it never happened. Without an audience it isn't even art. It might be something else but it isn't art. The whole idea of doing “art for art’s sake” is a lie. A lie designed and perpetrated to keep artist holed up in some dark garret starving for lack of acknowledgment while the world starves for the lack of their art. Being a writer is a public trust. If one has the ability then one is obligated to use it. Use it or lose it. Writing for publication is not just a goal but an obligation - a duty of anyone who would call themselves a writer. Withholding ones art from the society that one is pretending to be part of is a crime against that society and a crime against oneself. Art is not art until it is in the hands, minds and hearts of an audience. It not only isn't "art" it doesn't even exist at all. Until it is heard, seen, viewed, or experienced by an audience it is nothing. To attempt the creation of art solely for ones own gratification is a cowardly intention. Born out of fear at best or a complete lack of understanding of the purpose and nature of Art itself. It is the sound of one hand clapping, the flight of a wingless butterfly, a soundless singer, a waterless well - an oxymoron. If a tree falls in the forest and there is no one there to hear it – it makes no sound. Worse still - for all intents and purposes the tree never even existed. Write on... and publish!
"Richard A McCullough is the creator & editor of http://www.write-better-fiction.com the Fiction Writers source for Writing Better Fiction Faster and Selling More of What You Write. - Copyright 2010 Richard A McCullough: you may freely republish this article, provided the text, author credit, active links and this copyright notice remain intact." Send this link to a friend http://www.write-better-fiction.com/writing-for-publication.html
Digital Piracy or Digital FreedomWhile the Information Age exposes the entertainment industries to "Digital Piracy" it exposes countless artists to "Digital Freedom".And while corporate executives may be wringing their hands and gnashing their teeth - artists should be dancing in the streets! "Over the past decade or so, digital piracy has been a major headache for the music industry, the movie industry and the television industry. It has been less so for the book publishing industry. But that may be about to change." - Gabriella Coleman assistant professor in the department of Media, Culture, & Communication at New York University. Mrs. Colman's article laments the growing state of digital piracy and its financial impact on the music, movie and television INDUSTRIES. Unfortunately, Mrs. Colman has missed the broader picture. This issue of piracy is not (and never has been) between the artist and the audience but rather between the manufacturing/distribution industries and the consumers. These industries (be they book, music, or video) inserted themselves on the lines of communication between the artist and the audience for the sole purpose of controlling, restricting and thereby profiting from the flow of information and products between the artist and his/her audience. These corporations grew exceedingly fat by sucking over 80% of the profit from this flow line while contributing little more than packaging. Not to mention the countless artists they have broken on their rack of commerce only to spit them out to die broke and bleeding after they've sucked the life out of them. It is only these corporations who are howling. Because they see that they are in the process of being bypassed and cut out of the communication and transaction cycle between the originators of the art and its ultimate consumer. Neither "digital piracy" nor copyright infringement is the real issue here; survival is. But the survival being threatened is not that of the artist; the only survival threatened is that of the fat, blood sucking corporations. The days of the book, movie, and video monopolies over the distribution of art - are over. The giants are dead and falling, they just haven’t hit the ground yet. Artists now have the ability to distribute their art directly and instantly to a global audience at virtually zero cost. This ability renders the music, movie and television industries as obsolete as that of the buggy-whip business. This shift in technology removes, in one fell swoop, the only function that these cooperations ever served - namely distribution. Before the digital age it was very costly to distribute a product such as a movie, song, or written story. Hence any artistic product had to be sold in huge quantity to be viable. But all this has changed. In a blink of an eye the world has gone digital and the Pandora of creativity has been released from the chains of economic bondage. The production, distribution and exchange of art in all its myriad forms is once again returning to that of a cottage industry, but it will be a digital cottage with an instant global reach. Art in all its forms will become more diverse, while its costs diminish and its speed of production and distribution will become almost instant. Consumers will have greater quantity and quality at lower prices, while artists will have greater creative freedom and net more money from their work. The only losers in this new "Digital Age" are the corporations. And their cry of "digital piracy" is nothing more than the death knell of a dying breed of "Corporate Piracy" that has sucked the lifeblood of artists for too long. They are losing because they've become obsolete. The movie, record, and book publishing corporations are no longer needed because their capital is not needed. It no longer requires millions, or even tens of thousands of dollars to create, package and distribute a particular piece of art to an audience. As the economic model for viability shifts, so must shift the business model for the manufacturing and distribution of these art forms. It is up to the artist to invent the new business model for this Digital Age, this age of Digital Freedom. The fight over "Digital Piracy" and copyright is not for the benefit of the consumer of art, nor is it for the benefit of the producer of the art, but solely for these corporations - they are fighting to hold onto their meal ticket. But we (neither artists nor consumers of art) are amused, sympathetic, nor interested. Digital alchemy has escaped from Pandora's Box - and profits and the very life of these corporations will never be the same. The old king of corporate profits must die so that the new king of content (the artist) can live. The King is dead, long live the King!
"Richard A McCullough is the creator & editor of http://www.write-better-fiction.com the Fiction Writers source for Writing Better Fiction Faster and Selling More of What You Write. - Copyright 2010 Richard A McCullough: you may freely republish this article, provided the text, author credit, active links and this copyright notice remain intact." Send this link to a friend http://www.write-better-fiction.com/Digital-Piracy.html Copyright LawThere are two sides to Copyright Law.As writers we need to know how to protect our work as well as how to avoid infringing on the legal rights of others. To that end all writers should have some understanding of this subject. This article is not a definitive text nor legal advise on the subject but should only be considered as an "introduction" to the subjects of; Copyright, Copyright Law, Plagiarism, Copyright Infringement, and the "Fair Use" law regarding copyrighted material. Copyright Copyright literally means the right to copy. The person or legal entity that "owns" the copyright has the legal right to reproduce or "copy" the work as they see fit including selling that right or a portion thereof to another. Copyright as it relates to legal ownership and exclusive use of any form of intellectual property is automatic. It is not something that must be applied for, or paid for in any way. The very moment that you write it - it's yours and it's protected under US Copyright Law. However, it could be in your best interests to "document" your authorship. You can, for a small fee, register your published or un-published work with the US Copyright Office. A single work or an entire collection can be "registered". Information and Publications Section Copyright Office, Library of Congress Washington, D.C. 20559 (202) 287-8700 Although registration is not required for copyright it is required before one can sue for copyright infringement. Authors of US works are also "encouraged" to place a notice of copyright, the year, and the name of the owner of the copyright on all works. The copyright of any given work generally covers the life of the author plus 50 years. (conditions apply) After which time that work becomes part of the "public domain" and can be copied, or used in any way without threat of "copyright infringement". Plagiarism and Copyright Infringement copied from www.dictionary.babylon.com - Law Dictionary plagiarism - Appropriation of the literary composition of another and passing off as one's own the product of the mind and language of another. The offense of plagiarism, known in the law as infringement of copyright, comes into being only when the work allegedly copied is protected by copyright. Plagiarism is, making an exact (word-for-word) copy of someone else's work and passing it off as your own. Plagiarism is not "using someone else's teachings" and it's not "utilizing a lot of their work". It's an exact word-for-word copy of what they said (or wrote) INCLUDING exactly how they said it. It's a copy. Plagiarism does not include "paraphrasing" or expressing the same or similar ideas in ones own words. This concept is covered quite exactly under section 8b of US copyright law - listed below.
Copyright Laws of the United States The following is taken from US Copyright Law - Title 17 § 102 • Subject matter of copyright: In general (emphasis added) It is important to understand that an; idea, procedure, process, system, method of operation, concept, principle, or discovery can not be owned and is therefore not protected under Copyright Law. While some of the above might be protected under "patent or trademark law" they are not protected under copyright law. It is easy to see that 1-5 word combinations usually associated with products or services are seldom if ever protected under copyright law. These word combinations are commonly used as "brand names" and are usually covered under Trademark Law. In which case it is not the mere words themselves, but the words as symbols, which are protected; such as - Addis or Coca-Cola. Writers are encouraged to include the little ™ symbol directly after such words when using them in their writing. But only encouraged - not required by law. Now let's consider the other half of Copyright Law - known as "Fair Use". The "Fair Use" Law As citizens of the United States, everyone is guarantied (under the First Amendment to The Constitution) the right to Freedom of Speech. Which means anyone can say whatever they choose, about whatever they wish. The only restrictions being copyright infringement, defamation of character, or endangering lives such as yelling, "Fire" in a crowded theater. Copyright Law protects anyone's intellectual property irrespective of the medium of expression from being copied and claimed as the property of another. The major exception to the protections afforded under Copyright law is referred to as the "Fair Use" law. This concept is fairly new as laws go and is pretty much a United States interpretation of law. As Fair Use is derived from case law I will only give a brief summery of how it has been interpreted and applied. Being that there is a necessity to encourage the free exchange of ideas while protecting intellectual property the concepts of Copyright and Fare Use of intellectual property were evolved. Copyright law protects intellectual property while the Fair Use law encourages the free exchange of ideas. Fair Use is the right to copy for various purposes (such as criticism, teaching, etc.) a relatively small portion of another's work for use in their own as long as credit is given to the original author. In some cases this can even be done without the authorization or compensation of the original author. There are a number of legal "test" that various courts have applied in deciding cases where copyright infringement has been charged and "Fair Use" has been sited as a defense. But one is generally on safe ground when the copied section is small in comparison to the entirety of the new work, and proper credit has been given. As authors we should be familiar with the laws that protect our intellectual property and respect the rights of our fellow authors. This article serves only as an introduction to the subject and as such only provides a place to start ones education in the important subject of Copyright.
This article cannot in any way to be considered as legal advice. Any author wishing to "copy" or otherwise use the work of any other author (alive or dead) should at least study the appropriate laws and at best seek the advice of competent legal council.
"Richard A McCullough is the creator & editor of http://www.write-better-fiction.com the Fiction Writers source for Writing Better Fiction Faster and Selling More of What You Write. - Copyright 2010 Richard A McCullough: you may freely republish this article, provided the text, author credit, active links and this copyright notice remain intact." Send this link to a friend http://www.write-better-fiction.com/copyright-law.html Publishing Contracts - Author BewareWhat authors need to know about publishing contracts - before they sign on the dotted line. What are you giving up and what are you getting? First - There is no such thing as a "standard" publishing contract. Second - Publishers are in business to protect themselves, while maximizing their profits - they are not in business to benefit or protect authors. As such the Publisher's Contract will be designed to protect the publisher. It's up to each individual author to protect themselves. As authors we are "buying" a service from the publisher (yes, this even applies to conventional publishers). And we are "paying" for that service (know as "publishing") by assigning some or all of our legal rights to our work (know as our copyright) to that publisher when we sign a Publishing contract. Any such contract has long term, legally binding consequences and we better understand exactly what they are BEFORE we sign. One good source of information regarding this subject is - "The Rights of Authors, Artists, and other Creative People" Second Edition: A Basic Guide to the Legal Rights of Authors and Artists by Kenneth P. Norwick & Jerry Simon Chasen. This book is an excellent reference which should be on the shelf of every author however, I would not consider it a substitute for having a good agent and attorney in my corner. Too often as authors we become so embroiled in the struggle to write a decent book in the first place and with finding a willing publisher in the second place that we can be inclined to simply accept any contract offered for our work. Don’t do it. The major lessons from this book are:
Lack of caution and due diligence in this arena can be your ruin as an author. Signing a publishing contract can and will have long term ramifications not only for the particular work in question but ones whole career as a writer. What you don't know - can harm you. The following is an example of things to watch out for. This one can have particularly nasty consequences. What happens if your publisher gets sued for something in your book? "In most form contracts from publishers... the author makes many 'representations' and 'warranties' to the publisher and agrees to 'indemnify' the publisher against losses if certain contingencies occur... The author will reimburse -- fully indemnify and 'hold harmless' the publisher from -- any expenses (including its attorneys' fees and any damage award or settlement) incurred from any claim asserted against the book even if the claim is without merit." - "The Rights of Authors, Artists, and other Creative People" Second Edition: A Basic Guide to the Legal Rights of Authors and Artists by Kenneth P. Norwick & Jerry Simon Chasen. So, let's see, some jerk sues the publisher of your book alleging some completely false claim - and you have to pay the legal bill for the defense. Yup - if you sign a publishers contract with a "hold harmless" clause like that described above. And just in case you think this kind of stuff doesn't happen - I have a good friend who spent 10 years in court fighting a bogus law suite. He finally won - but it cost him over a quarter of a million dollars in attorney fees to "win". Buy this book, read it, and keep it handy. Writing is a business and any author who does not understand the rules of the game - will suffer the adverse effects of playing the publishing game.
Remember - Publishers are in business to protect themselves, while maximizing their profits - they are not in business to benefit or protect authors. At best an author's relationship with a publisher should be approached as an adversarial business relationship. The author must use caution and due diligence to achieve a very clear understanding of the exact rights he is relinquishing and exactly what he is getting for those rights before he signs any publishing contract. This book is a good place to start. Highly recommended.
"Richard A McCullough is the creator & editor of http://www.write-better-fiction.com the Fiction Writers source for Writing Better Fiction Faster and Selling More of What You Write. - Copyright 2010 Richard A McCullough: you may freely republish this article, provided the text, author credit, active links and this copyright notice remain intact." Send this link to a friend http://www.write-better-fiction.com/publishing-contracts.html New! CommentsHave your say about what you just read! Leave me a comment in the box below. |
