Science and Useful Arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries…” [email protected] 9
of authorship that are “fixed in any tangible medium of expression.” • You don’t need to do anything other than write your ideas down to have your work protected by the law. [email protected] 10
(1) literary works; (2) musical works, including any accompanying words; (3) dramatic works, including any accompanying music; (4) pantomimes and choreographic works; (5) pictorial, graphic, and sculptural works; (6) motion pictures and other audiovisual works; (7) sound recordings; and (8) architectural works. [email protected] 12
a place! Things that are not protected by copyright include: • Facts, data • Ideas, methods, or systems • Names, Titles • Short phrases, expressions • Basic plot structures • Works of U.S. Federal Government • Utilitarian objects • Expired copyright (works published before 1923) [email protected] 13
by an individual author and first published in the United States after 2002, the term of protection is life of the author + 70 years. • After that, the copyright term expires, and the work becomes part of the public domain. [email protected] 14
(or estate, or organization) Joint Works • Owned jointly by two or more authors Compilations • Ownership can vary depending on circumstance Works for Hire • Owned by employer [email protected] 15
work the exclusive rights to do and to authorize any of the following: 1. to reproduce; 2. to prepare derivative works; 3. to distribute copies; 4. to perform the copyrighted work publicly; and 5. to display the copyrighted work publicly. [email protected] 16
or derived from an existing work, such as translations, motion picture adaptations of novels or plays, sequels, revisions, and abridgements. Concept important in fan fiction: • You have a copyright in anything you write, but if it’s based on someone else’s work, it might be infringing on their derivative works right. • Generally, you are not permitted to write a new story for someone else’s characters without permission (unless it’s fair use). [email protected] 17
else’s copyrighted material. There are no hard and fast rules, but the factors to consider are: 1. Purpose & character of the use 2. Nature of the work 3. Amount taken 4. Market harm [email protected] 18
copyright • Violated at least one exclusive right Strict liability • No need to prove that you knew or intended to violate copyright [email protected] 19
MY PERMISSION? • If you find your work hosted somewhere on the Internet, the law provides “Notice and Takedown” provision to get your work removed from the site quickly. • This law is known as the Digital Millennium Copyright Act (DMCA). 17 U.S.C. § 512. • Most platforms will have specific procedures for responding to DMCA notices. Look in Terms of Service or Copyright Policies. [email protected] 20
all agree to the same things, mutual assent Consideration: • exchange of legal rights Capacity: • the parties must be of legal age and of sound mind Only for legal goods/services: • contracts for illegal things are not valid Specific terms: • must set forth the exact details of the agreement Form: • oral and written are both binding, but advisable to get things in writing in case of later disputes [email protected] 23
need an editor! Agreements can be simple, but make sure to specify exactly what each side will provide and what triggers payment • Agreements with beta readers • Even if you are just asking your friends, you will want a simple NDA. • Cover design, illustrator, photographer • Making a high-quality finished book may take skills you do not have, and you may decide to hire people to help you. Again, it’s important to have an agreement in writing that clearly spells out what each party’s responsibilities are, and payment terms. • eBook conversion • You may be able to do this yourself, but if you hire someone to help, you’ll need an agreement. [email protected] 24
self-publishing a physical book then you will need someone to print hard copies for you. There are many print on demand services out there. Make sure to understand things like who pays for shipping and what happens if copies are damaged on delivery, etc. • Distribution • Ingram or Amazon CreateSpace for physical books • Kindle Direct Publishing, Nook, iTunes, etc. for eBooks • These agreements are largely take-it-or-leave it forms when you sign up for the service. Still need to READ EVERY PAGE! • ISBN • MyIdentifiers.com will give you ISBNs for all versions of your book (hard cover, paperback, eBook) [email protected] 25
or leave it” deal – in sales, everything is negotiable. • Look for special deals on packages. • Use different platforms against each other. • Don’t be afraid to ask for deal sweeteners (like extra free copies of your book). [email protected] 26
important thing your book contract will define. Read it carefully! Beware of signing away subsidiary rights. Except for print rights, all other rights are negotiable. Even a first-time author should be able to keep foreign and film rights. Royalties. This is how you will get paid, so pay close attention! These are almost always negotiable. Make sure you understand the formula they will use to calculate – not just the percentage but also the price on which the percentage is based (retail? wholesale? net?) [email protected] 27
to buy or make an offer on the author’s next book. Generally this will be a bad deal for you, and you shouldn’t accept any options clauses. Out of Print Clauses. When your book goes out of print, you will get back all your rights. Ideally, whether the book is “in print” should be pinned to the publisher’s marketing efforts. When they stop marketing your book actively, it should be considered “out of print” and all rights revert back to you. [email protected] 28
likely to make your eyes glaze over. The warranty section sets out the promises you are making to the publisher (such as you are the sole author of your work). Make sure they are all true before signing! Indemnity provisions set out the rights and responsibilities of the parties if a claim is made by a third party. Usually they say that the author will have to pay for the cost of litigation against the publisher if anyone sues over the book. Make sure you understand what is covered here, and try to negotiate these as narrowly as possible. [email protected] 30
make the license enforceable just about anywhere in the world. • Human Readable – Contains language normal people can read and understand. • Machine Readable – Contains metadata written in a format that software systems, search engines, and other kinds of technology can understand.
which means you are free to make fair uses of CC licensed materials. • But, importantly, CC licenses grant you permissions that often go beyond what fair use would allow, so you don’t have to worry or ask permission. CC + FAIR USE Photo by David Neubert – CC BY-SA.