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.
Friday, March 19, 2010
Sunday, March 14, 2010
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.
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.
Sunday, March 7, 2010
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.)
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.)
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