A Publisher's Conversation with Authors: What You Don't Know about Publishing-Related Law Can Hurt You, Part 1 - Copyright Law Requirements

 

It is Tuesday. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side. 

Today's talk is about copyright (yes, again; it is an important topic). As an author, it's easy to think that knowing how to write and tell a great story is all you need to succeed, but understanding the law, particularly when it comes to intellectual property and copyright, is just as crucial. In a previous post, we discussed the basic concept of rights vs. copyright, but there’s so much more authors need to know to avoid legal pitfalls. 

Consider:

• Copyright violations are more than just a risk for stealing someone else's work; they can happen accidentally. While it’s simple enough to avoid using someone else's written, visual, or musical content without permission, many authors don't realize how easily it can slip through the cracks. Whether you're borrowing a phrase, using a photo, or including a snippet of music, if you're not careful, you could be violating someone else’s intellectual property rights. This can apply to books, articles, websites, and even social media posts, so it’s essential to be vigilant.
• Citations play a big role in this, as they provide the context for any borrowed content, signaling to your readers and to the original creator that you’re acknowledging their work. Failing to cite properly can easily lead to accusations of plagiarism or copyright infringement, even if it was unintentional. When citing from someone's work, there is a limit to what can be cited even if credit is given. That can vary by publisher, so if the use will be more than, say, 100 words, check the publisher's website for its requirements. Often, it is a small fee and worth paying if you want to use a longer portion of a work for citation.
• When it comes to music and photos, the legal waters become even murkier. Using a copyrighted song, graphic, or photo in your book or promotional materials might seem harmless, but it could open up significant legal issues and, if copyright is violated, big costs. You cannot simply use a line of music and cite the author, as you can with snippets from books. You have to get written permission from the songwriter, period. Even for "Happy Birthday." Why do you think there are so many versions in restaurants that cater parties? 
• Distribution is another layer to consider—what you’re allowed to use and share publicly is often very different from what you can use privately in a draft or concept.

And some more considerations:

• One thing authors should never do is use the phrase “to the best of my knowledge” as a form of protection. While it might seem like a safeguard, it’s not a legal shield. This kind of dissembling or hedging doesn't hold up in court, and it can actually put more responsibility on the publisher, who can’t act as the authority on whether something is copyrighted or not. The onus is on the author to ensure they have the proper rights.
• Titles are not covered by copyright. Two books can indeed have the same title. They should not; it causes confusion and can result in reduced sales, but the bottom line is that they can. Titles are not copyrightable. 
• The same is true for content. Content and ideas cannot be copyrighted (though, in some cases, they could be trademarked--a different story and process altogether). 
• What copyright refers to is words. Words are covered by copyright--exact words.

Bottom line: Understanding copyright and intellectual property law is vital for authors. Failing to do so might not just cost you financially, but it can also jeopardize your relationship with publishers, other creators, and even your readers. It’s always better to be safe than sorry when it comes to legal matters in the creative world.

DISCLAIMER: I AM NOT A LAWYER; PLEASE DO NOT MAKE FINAL DECISIONS BASED ON INFORMATION PROVIDED HERE. I AM SIMPLY SHARING INFORMATION THAT IS COMMONLY KNOWN AMONG PUBLISHERS AND AVAILABLE IN OPEN SOURCES. YOU CAN CHECK IT ALL OUT EASILY, AND, IF YOU RUN INTO TROUBLE, ASK AN INTELLECTUAL PROPERTY RIGHTS LAWYER! THEY DO KNOW THE LAW IN ALL ITS INTIMATE DETAIL. IF YOU ARE CONCERNED THAT YOU MAY BE IN VIOLATION OF COPYRIGHT LAW, DO NOT WING IT. TURN TO AN EXPERT. SERIOUSLY!

See more Publisher Conversations with Authors HERE.

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