Independent Articles and Advice
Login | Register
Finance | Life | Recreation | Technology | Travel | Shopping | Odds & Ends
Top Writers | Write For Us


PRINT |  FULL TEXT PAGES:  1 2 3 4 5 6
The Pre-Published Fiction Writer's User-Friendly Guide to Copyright 
 
by Kelly Cannon Hess July 28, 2005

As an unpublished novelist, you need to know when the fruits of your labor might be stolen and when you can rest easy. The good news is, copyright really isn't difficult to understand. And if you write, you can't afford not to understand it.

If you write, you can't afford not to understand the basics of copyright - even if you're unpublished. And those basics might differ from what you've heard. Copyright is your legal claim to ownership of, and profit from, your work. It's what makes your work valuable in the marketplace - aside from its obvious literary merit, of course. If it weren't for copyright, anyone could sell or reproduce your writing, or incorporate elements of it into his own work, with or without your permission, with or without paying you.

United States copyright law protects writers from the unauthorized:

  • Reproduction of your work
  • Production of derivative works (i.e., writing a new story based on your fictional characters)
  • Distribution of copies of your work to the public by sale or other means
  • Public performances and/or display of your work

Fair Use

There are some limits to this protection, most notably, "fair use." Fair use doctrine, which, by the way, includes unpublished works, is a matter of continuous legal debate, but, essentially, it includes such allowable purposes as criticism, comment, news reporting, teaching (including making copies for distribution to students), scholarship and research.

While we're on the subject, the notion that there is a set number of lines from a poem, song or other literary work that can be used without permission of the author is a fallacy. Unless your contemplated use fits clearly into one of the categories listed above, don't risk it.

Obtaining a Copyright

Under U.S. law and the Berne Convention (international copyright law), your work is copyrighted from the moment it's created in a fixed form - whether on paper (handwritten or typewritten) or in an electronic file. It's really that simple! All fiction copyrights vest with the writer, with the exception of ghost-written material. As a "work for hire," ghost-written fiction is owned entirely by the person or entity that commissioned it. In addition, titles, short phrases or slogans, and story concepts and ideas aren't protected by copyright.

PREV PAGE 1 2 3 4 5 6 NEXT PAGE

 




Home  |  Write For Us  |  FAQ  |  Copyright Policy  |  Disclaimer  |  Link to Us  |  About  |  Contact

© 2005 GoogoBits.com. All Rights Reserved.