PenPoints newsletter
PenPoints newsletter
Report on the November Meeting
“The Legal Aspects of Writing.” (continued)
By April Albrecht, New IWPA Member
To Register a Copyright:
You can register a copyright at any time after writing a piece.
1. Complete a 2-page form.
2. Submit it with a $30.00 fee and two (2) copies of the work.
Benefits of Copyright Registration:
If someone infringes on your registered piece, you can, within three months:
1. Take them to court and sue for court costs plus damages and any revenues they have made using your piece.
2. Receive statutory damages awarded per the type of infringement as determined by the court:
• Innocent infringement - $500 - $20,000
• Willful infringement – up to $100,000
3. You must show that you are the owner of the material, that the person who infringed the work had access to it or that the work in question is either blatantly a copy or has substantial similarity to your own work.
4. If it is a Web site posting or site, you can write a letter to the Webmaster or service provider clearly
demanding that they take action by
• Taking the item off the internet
• Granting a monetary value for the use of your item and/or any revenue they have made while using your item on their Web site or page. Plagiarism is infringement taken without your permission.
Fair Use
Four factors determine fair use:
1. The purpose and character of the use of the item
2. The nature of the copyrighted work (Use of a factual item is more readily defended as a fair use of material, while use of a fictional work, lifting of a character, is more likely an unfair use of material.)
3. The amount of the work used
4. The effect or market for the existing work used–if one only took the meat of the material–it could be more likely a copyright infringement.
Be sure to obtain permissions to use other peoples’ works, including quotes.
a. Send a letter to the copyright holder, their estate, their publisher or their heirs. Tell them how much of the work you would like to use. Be specific citing exactly what you wish to copy, what line or paragraph. Explain how you would like to use the material in your own work and that you would give them credit for their work.
b. Ask if there is any fee involved to use their work.
c. Tell them how long you would be using the work– for example if posting to a Web site for three months, or indefinitely as a quote in your book, etc.
Permission from the owner of the copyrighted material must be in writing.
If you are using their material in your own book, for example, you must also inform them of how many copies you anticipate being distributed. If you are posting to a Web site, you will need to tell them how long it will be posted, and sometimes even provide an estimate of how many anticipated hits will be realized on the Web site.
To find authors:
http://www.authorsregistry.org
To check on photos or illustrations:
http://www.timelifepictures.com
If you use someone else’s photo, be sure to give them a photo credit line and obtain permission to use the photo from the owner or the publication–again in writing.
Using Music.
You must obtain permission to use any portion of published music-even phrases from a song–even one line. You must obtain permission for reprinting of lyrics or any text from a published musical work. You would obtain permission from the owner or publisher. Web sites to search for ownership of music include http://www.bmi.com, http://www.ascap.com and http://www.sesac.com
An audience member asked whether books or articles written in foreign languages would be covered under the current copyright laws. Amy advised that foreign language documents have their own copyright protection. These copyright laws are usually bundled to include the print rights and translation rights.
Amy also noted that you can register “in progress items”–those not yet completed or published. She also advised being sure to use copyrighted materials when signing contracts including noting who owns the piece, who will be publishing the piece, and, obtaining all permissions in writing.
Defamation of Character and Invasion of Privacy
Defamation of character applies to people who are living. It is the lowering of or injury to a person’s reputation.
Be particularly careful when creating characters-if even one reader can see the similarity to a live person it is grounds for suit. Changing names is not enough. Any public disclosure of private facts about living persons may be a legitimate invasion of privacy and can be grounds for suit. Even if the facts you are writing about the person are true, i.e., they are guilty of sex crimes, murder or are publicly considered “a danger to society,” you must be careful not to cross the line into the person’s privacy. It is a key issue in cases involving public figures. Private persons have more weight in courts than public personalities in defamation of character suits.
When writing about any person, be sure to ask the following questions:
• Is the person still living?
• Is the subject is recognizable to the reader?
• Are the facts common knowledge?
• Are the facts you are writing highly offensive to a reasonable person?
• Is what you are writing about legitimately a public concern?
• Is the person a public figure or a private individual?
Right of Publicity
If you are writing about a famous person, don’t imply a relationship with the person that does not exist. If you don’t know them, don’t pretend or imply that you do. If you are attempting to use their name or reputation for commercial use, you must obtain their permission and/or written approval for their endorsement. You cannot use famous people for endorsements without their express permission. Also be careful even using deceased famous people’s names as the Right of Publicity passes on to the famous person’s heirs and estates.In conclusion, Amy suggested that any one with further questions about an aspect of copyright law should contact her.
IN THIS ISSUE:
FOUNDED IN 1885
February, 2008 PenPoints ................ Page 1
Networking Can Be Intimidating .... Page 2
Legal Aspects Of Writing ................. Page 3
Member News / Contest Update ... Page 5
IWPA Programs Student Contest .. Page 6
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