FAIR USE

Copyright law is written to encourage the growth of knowledge while at the same time protecting those who further the growth of knowledge. You use a book to gain knowledge; an author publishes a book to earn money. You would not purchase a book if you could not use the information in the book, but an author could not publish a book if he could not earn money for his time and effort. "Fair Use" is the concept within the copyright law that weighs the delicate balance between use and protection.

Fair Use is based on the following criteria:
• Purpose of the use (commercial or private)
• Nature of the work
• Amount and substantiality of the portion used compared to the copyrighted work as a whole
• Effect of the use on the potential market for, or value of, the original.

Determination of Fair Use is weighed by looking at how the work is used, how much of the work is used, and how the use affects the value and potential sales of the original work. Fair Use frequently comes into question when determining what portion of a book might be quoted or used for reviews, criticism, education, and research.

Other than private in-home listening and playing, Fair Use of music is extremely limited.

REQUESTING PERMISSION

All requests for permission to reprint should be sent to the copyright holder in writing and in duplicate. The request should contain the following information:

• title of the original work, including page number(s) of the material to be reprinted
• information about the publication in which the author wishes to reproduce the material: title, approximate number of printed pages, formal publication (clothbound book, paperback book, journal, etc.), publisher, probable date of publication, approximate print run, and list price (if available).

The copyright holder will either sign and return to the author one copy of the request or will send the author the copyright owner's standard form. In either case the person responding to the request should state clearly what fee is demanded for the proposed use and what special conditions apply. The second copy of the permission form will be retained in the copyright owner's files. The requesting author should give the original to the publisher and keep the third copy for his or her reference.

CITING SOURCES

Whether or not the use of others' material requires permission, an author must provide the source of such material. Whenever you quote or paraphrase the idea of another person, you must provide a proper citation for the source in a bibliography or footnote to (a) give credit to the author or creator and (b) enable a reader to locate the source you cited. Providing references for authoritative sources lends credibility to your work. If you do not give credit to the work of others, you are committing plagiarism.

The Chicago Manual of Style states that commonly known facts, available in numerous sources, do not need to be enclosed quotation marks or given a source citation unless the wording is taken directly from another work. For example, "Abraham Lincoln was assassinated on April 14, 1865" does not need a footnote.

COPYRIGHT AND PUBLIC DOMAIN

Whenever a book, article, poem, drama, song, database, or illustration comes into the world in tangible form, it is automatically covered by copyright, regardless of whether the work is published or registered with the copyright office.

Copyright means that the author has a "limited-duration monopoly" on anything he or she creates. You cannot use another person’s material (or any portion thereof) publicly without the copyright owner's permission, which may require that you pay royalties.

When signing a contract with a publisher, the author guarantees that the work is original and that no part of it has been previously published. If any portion has already appeared in print, written permission to reprint it must be secured from the copyright owner of the other publication. Notice of the original copyright and permission to reprint should be noted on the copyright page of the book, in a footnote on the page where the material is quoted, or in a bibliography.

It is the author's responsibility to obtain permission to quote copyrighted material. Most publishing agreements stipulate that any fees to be paid will be the author's responsibility. Authors are expected to send to the publisher all permissions that have been received; these permissions will be filed with the publishing contract.

UNITED STATES COPYRIGHT LAW

To determine whether a work published in the United States is still in copyright, look for the year of publication in the copyright notice. "Terms for Copyright Protection," a U.S. government publication, summarizes the current duration of copyright protection for published works as follows:
• Works created after 1/1/1978: life of the longest surviving author plus 70 years. (Earliest possible Public Domain date is 1/1/2048.)
• Works registered before 1/1/1978: 95 years from the date copyright was secured.
• Works registered before 1/1/1923: Copyright protection for 75 years has expired. These works are in the public domain.

MUSIC

Music and lyrics written by an American author and published in 1922 or earlier are in the Public Domain in the United States. When doing public domain research, you must separately consider the Public Domain status of the music (the melody or the rhythmical sequence of single notes), the lyrics (words that are sung with the music), and the arrangement (specific harmony notes played with the melody). Most often sheet music has a copyright date that includes all three. But in many instances the music is in the public domain, but the lyrics are copyright protected. (See www.pdinfo.com.)

If music or lyrics are under copyright protection you cannot legally:
• reproduce the music or lyrics
• distribute the music or lyrics either for free or for profit
• perform the music or lyrics in public
• play a recording of the music or lyrics in public
• make a derivative work or arrangement for public use in any form.

COMMON MISTAKES OF NEW WRITERS

Following are some of the most common mistakes new writers make.

1. Unrealistic expectations. Writing seems to be the only art form in which beginners expect immediate success. Just because you can read and write, that does not mean your words are ready for publication. I love to sing, but I wouldn’t dream of asking someone to pay to hear me sing. I’ve never received any voice training, I’ve never worked with a professional, I’ve never had my voice critiqued by a pro. And yet new writers, with no professional training, are often perplexed when they receive rejection letters from publishers. If you expect someone to buy what you write, take the time to learn how to do it right.

2. Flowery writing. Novice writers tend to use big words when smaller ones would be more easily understood. A simple word, or a familiar one with impact, is usually a better choice.

3. Overuse of adjectives. Novice writers sometimes use flamboyant (or too many) adjectives. Other new writers use vivid descriptions too sparingly.

4. Overuse of adverbs. Search your manuscript for words ending in “-ly.” You’ll probably find a plethora of them, most of which can be deleted. A strong verb is always preferred over a weak verb with an adjective.

5. Long sentences and paragraphs. Novice writers often pack too much into a single sentence, producing run-ons or long, confusing structures the reader can’t follow. Readers (and publishers) like to see “white space” on a page, not one big paragraph taking up the whole page.

6. Odd or missing attributions. Some new writers tend to omit dialogue tags, leaving the reader to wonder who is speaking. Others fail to vary the “he said” format. While said is nearly “invisible” when used sparingly, many alternatives exist and should be used occasionally. But avoid using flowery tags (like “he intoned”). Instead substitute the thoughts and observations of the point-of-view character. Lines of dialogue followed by an action should end in a period, not a comma.

7. Transitions. Novice writers sometimes omit details that allow readers to go from sentence to sentence and follow the action. Don’t give your readers “literary whiplash” by jumping from one time, place, or point of view too often or too suddenly.

8. Repetition. Obscure words should not be used more than once or twice in an entire book. Even regular words should not be repeated several times on one page or in close proximity. Vary sentence and paragraph beginnings.

9. Point of View. Novice fiction writers often switch point-of-view randomly. When a POV switches is made, start a new section/chapter and immediately indicate who the new POV character is.

10. Mechanics. Novice writers often neglect, or are unaware of, correct punctuation, usage, grammar, and spelling rules. Nothing brands a new writer as an “amateur” more quickly.

CITING SOURCES

Whenever a book, article, poem, drama, song, database, or illustration appears in tangible form, it is automatically covered by copyright, regardless of whether the work is published or registered with the copyright office. You cannot use another person’s material (or any portion thereof) publicly without the copyright owner's express permission except under two circumstances: fair use and public domain.

FAIR USE

"Fair Use" allows limited reprinting of copyrighted material under certain conditions. This is mainly determined by how the work is used, how much of the work is used, and how the use affects the potential sales of the original work. If you have brief quotes from a few published works in your manuscript, and your quotations will not negatively affect the sales of those books, you probably do not need to obtain permission. However, if you have lengthy quotations, or the quoted material is the vast majority of your work, or the comments you make about that material could be harmful to the author's profits from that book, you need to secure written permission from the copyright holder.

This is your job, not the publisher's. Most publishing agreements stipulate that any fees to be paid for quoting copyrighted material are the author's responsibility. Authors are expected to send the publisher all permissions that have been received; these permissions will be filed with the publishing contract.

Other than private in-home listening and playing, Fair Use of music is extremely limited. You can refer to the title of a song, but cannot reprint the music or lyrics (unless it's in the public domain).

PUBLIC DOMAIN

When a copyright expires, the owner no longer has exclusive rights. Some authors and composers relinquish their copyright and give their material to the public, either during their lifetime or at their death. It is the author's responsibility to obtain proof that quoted material is in the public domain.

You may use public domain material only if you have a legitimate source of proof (e.g., a tangible original or copy of the work with a copyright date old enough to be in the public domain).

CITING YOUR SOURCES

Whether or not the use of others' material requires permission, whenever you quote or paraphrase the idea of another person, you must provide a proper citation for the source in a bibliography or footnote. This not only gives credit to the original author, it enables a reader to locate the source of your quote. Providing references lends credibility to your work. If you do not give credit to the work of others, you are committing plagiarism. Therefore, you should provide full citations to all sources you use, including:

• books
• articles
• Internet sources
• Scripture verses
• interviews
• government documents
• nonprint media (videotapes, audiotapes, pictures, and images)
• software

NOTE: Commonly known facts, available in numerous sources, do not need to be enclosed in quotation marks or given a source citation unless the wording is taken directly from another work. (For example, "Abraham Lincoln was assassinated on April 14, 1865" does not need a footnote.)

POWERFUL FICTION BEGINNINGS

The first chapter of a novel needs to “hook” the reader, riveting his or her eyes to the page and creating an intense desire to read on and learn more about the characters and what happens to them. This is not an easy task, but it’s absolutely essential.

The best way to start a story is to show the main character of the book, with an immediate problem, doing something interesting. Involve the reader quickly with this character, arouse curiosity, and give the casual browser who picks up your book the feeling that he or she must know more about what this character is doing and why. Long expositions and descriptions will not grip a busy reader.

In your first few paragraphs, answer the usual questions—Who? What? Where? When? How? Why? Who’s the main character and who else is in the scene? What are they doing? Where are they? When is this scene taking place: the era (unless it’s contemporary), season (if that’s important for readers to know), time of day? How are they coping with the immediate problem? Why can’t this problem be easily solved?

The first chapter should show the “inciting incident”—what happens that changes the character’s normal world and previous life direction. What new goals arise as a result of this incident, and what obstacles stand in the way of accomplishing those goals?

Don’t spend too much time inside a character’s head, alone with his/her thoughts. Include one or two of the major secondary characters in the opening scene to provide interaction. This will enable your reader to come to know your main characters and relate to them right away. Don’t introduce too many characters in the first chapter or your reader will have a hard time keeping everyone straight and remembering who they all are.

Don’t have your characters just stand around talking. Give them something interesting to do. And watch out for “author exposition”—you, the author, telling readers what you think they need to know through character dialogue that’s not realistic or natural.

Weave in pertinent information in bits and pieces that relate to the action. Avoid giving big chunks of backstory or description that aren’t directly connected to what’s happening.

The first few chapters should establish who the main characters are, what events of major significance happened to them before the story started, what is happening to them now, what the main problem in the story is, who (and/or what) is—or will likely be—in opposition to the goals of your main characters, why those goals are important to them, and what they are going to be forced to do to accomplish their goals. Set the “hook” you established in the opening scene, and reel in readers with bait they can’t resist.

Kathy Ide's Editing Tip #2

AS vs. WHEN

As (when used as a conjunction, as in “As this happened, that happened”) implies that the second thing occurred while (within the same time frame as, during the time in which) the first thing was in the process of happening.

When implies that the second thing happened at the same moment in time that the first thing happened (a specific time being the essential element).

Example:

"As the garage door came down (while it was in the process of coming down), the cat scurried under it."
vs.
"When the garage door came down (at the moment it touched the concrete), it hit the cat."

Active vs. Passive Verbs

Starting this week, instead of PUGS Pointers, I'm going to post some self-editing tips. Here's the first one, on Active vs. Passive Verbs.

Wherever possible, strive to use strong, precise verbs rather than weak, vague verbs. Instead of saying, “They were going,” write, “They went.” Or better yet, show how they went. “They jogged,” “They raced,” “They ambled,” for example. The more description you can fit into a single action verb, the better.

Here are some examples:

Passive: It is believed by Sue that a curfew must be placed on her son, Matthew.
Active: Sue believes that she must place a curfew on her son, Matthew.

Passive: It was earlier demonstrated that Matthew could be intimidated by too much freedom.
Active: Friday’s party showed Sue that too much freedom could intimidate Matthew.

Passive verbs often indicate that a subject exists, or that something happens to the subject. Active verbs describe something a subject does.

Passive: Andrew had dark, curly hair and a bushy beard.
Active: Andrew ran his fingers through his dark, curly hair and stroked his bushy beard.

Passive: Two cups of coffee were on the table.
Active: Joe picked up two cups of coffee from the table.

NOTE: Verb phrases that include is, was, are, were, be, been, would, could, has, had, have, etc. are usually passive.

In nonfiction, there are a few acceptable reasons to use passive verbs:

1. To emphasize the action rather than the subject.
Example: Jim’s bioengineering proposal was approved by the committee.

2. To keep the subject and focus consistent throughout a passage.
Example: The astrobiology department presented a controversial proposal to the committee. After long debate, the proposal was endorsed by ...

3. To be tactful by not naming the subject.
Example: The e-mail message was misinterpreted.

4. To describe a condition in which the subject is unknown or irrelevant to the sentence.
Example: Every year, many people are diagnosed with Environmental Illness.

5. To create an authoritative tone.
Example: Visitors are not allowed after 9:00 p.m.

In all other instances, and in all fiction writing, use active verbs in place of passive ones wherever feasible.

This week's PUGS Pointer: Single quotation marks are used to indicate quotes within quotes. There is no other use for a single quotation mark. (CMOS 11.33) Example:

“And He said to them, ‘Follow Me, and I will make you fishers of men’” (Matthew 4:19 NASB).

In typesetting, the publisher will insert a “hair space” between a single quotation mark and a double quotation mark.

NOTE: If you’re using “curly quotes,” make sure the single quotation marks are curled in the right direction.

More book/article differences

For book manuscripts, a divorced man is a “divorcé”; a divorced woman is a “divorcée.”

An engaged man is a “fiancé”; an engaged woman is a “fiancée.” For articles, do not use accent marks over the e’s in “fiance,” or “fiancee.”

BOOKS VS. ARTICLES

US book publishers use different references than magazine or newspaper publishers do. For book manuscripts (and some popular magazines), use The Chicago Manual of Style and Merriam-Webster's Collegiate Dictionary. For newspapers and journalistic-style magazines, use The Associated Press Stylebook and Webster's New World College Dictionary.

Here are some examples of the differences:

For book manuscripts, “backseat” is a noun; “back-seat” is an adjective. For articles, use “back seat” for “a secondary or inconspicuous position.”

For book manuscripts: “babysit, babysat, babysitting, babysitter.” For articles: “baby-sit, baby-sitting, baby-sat, baby sitter.”

New Friday PUGS Pointer

This week's Friday PUGS Pointer:

Dates in text include a comma only if the month and then the date precede the year. Example:

“On October 10, 1980, Donita submitted her fourth book in the series.”

When using only the month and year (or date, then month, then year), do not use a comma. Examples:

“Copyright October 1980”
“On 6 October 1924 Angelina wrote her first poem.”

(See The Chicago Manual of Style #6.46.)