Writers in the Storm

Susan Spann

Copyright law can be confusing for authors, especially when it comes to issues like when (and whether) to register copyright in a manuscript, and what to do if you use a pseudonym. While authors need to understand the basics of copyright, myths and disinformation abound (especially on the Internet).

Today, let’s take a look at some popular myths (and truths) about copyright in novels and other creative works:

Myth #1: You have to register copyright as soon as you finish your manuscript.

False. Registration with the U.S. Copyright Office is not a legal requirement for copyright ownership. Copyright attaches to “qualifying works*” automatically at the time of their creation.

Copyright registration is intended to protect “published works” – so authors should make sure that their works are registered with the copyright office within 3 months after initial publication.

(*Short stories, novellas, novels, anthologies, poetry, and similar fiction and non-fiction works all generally qualify for copyright protection.)

Myth #2: A book is not “published” for copyright purposes if you give it away for free, or if you self-publish.

False. Under the Copyright Act, “publication” means “the distribution of copies . . . of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending.”

The Copyright Act does not require that a work be “sold” and does not require any exchange of money (or profits) before the work can be considered “published.” Also, the law does not distinguish between self-published works and those published by a third-party publishing house. Published is published.

Myth #3: Copyright registration offers authors some very real benefits.

True! Copyright registration gives copyright holders some significant benefits under U.S. law. Among them:

• The right to sue infringers to stop infringement.
• The right to collect statutory damages (money, in amounts set by law) from infringers.
• The right to recover attorney fees against an infringer in a successful lawsuit.

Myth #4: If you don’t register the copyright before publication, you can never register at all.

False. To maximize your legal rights in your work, the copyright should be registered within 3 months after the initial publication date. However, authors (or publishers) can register the copyright in a qualifying work at any time.

You may lose some legal rights by filing more than three months after the initial publication date, but others (like the right to sue infringers) can be secured at any time by filing a proper copyright registration

Myth #5: Authors should protect themselves by registering copyright before querying agents or submitting their work to publishers.

False. (Unless the work is already published – which creates a different set of potential problems.) The registration trigger is publication, not queries.

Sometimes authors think they need to register copyright to protect the work from being stolen by unscrupulous agents or publishers. To this, I have one answer: Don’t query unscrupulous agents and publishers. Do your homework and approach only reputable industry professionals. Reputable agents (and publishers) don’t steal authors’ projects. It costs far less (and requires much less risk) to offer a contract.

Myth #6: Traditional publishers always register copyright on the author’s behalf.

False. Many do, but some do not. If you publish traditionally, your contract state, specifically, who will register the copyright. If the language isn't there, ask for the publisher to add it—and if you don't know what language to ask for, consult a publishing lawyer.

Myth #7: Registering copyright is difficult, expensive, and requires a lawyer.

False, False, and False. Most copyrights can be registered online at the U.S. Copyright Office website (www.copyright.gov), and registration normally costs less than $50. The website even has a step-by-step registration tutorial that walks authors through the process.

And there you have it...a whirlwind tour of common copyright registration myths and the truths behind them.

We now return you to your regularly scheduled summer fun.

About Susan

Susan Spann writes the Hiro Hattori Novels, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. The fourth book in the series, THE NINJA’S DAUGHTER, will release from Seventh Street Books in August 2016. Susan is the Rocky Mountain Fiction Writers’ 2015 Writer of the Year, and a transactional attorney whose practice focuses on publishing and business law. When not writing or practicing law, she raises seahorses and rare corals in her marine aquarium. Find her online at http://www.SusanSpann.com, on Twitter (@SusanSpann), and on Facebook (SusanSpannAuthor).

Last week I talked about my problem with Empty Story Nest Syndrome. Let’s not confuse ‘no WIP’ with ‘no story ideas’ though. That brings me to today’s topic -- story squirrels. You know, the “ouuuu, shiny” idea that tries to muscle out the others. See, in addition to suffering from ESNS, I’ve developed a rather disturbing case of story attention deficit.

So many ideas. So little brain space!

But I’m getting ahead of myself …

A couple of months ago I turned in a proposal to my agent. “Great,” she said, then told me to write another one. She wanted options. I can do options. There were three other ideas bubbling in my brain. So off I bounced to work on another proposal.

But characters are kinda like kids – they can be in the room with you for hours and never say a word, then the moment you get busy doing something else (like going to the toilet or relaxing in the tub) they have something super-urgent-important to share with you.

The characters in the first story weren’t very happy to be discarded and for the first couple of chapters, they kept trying to muscle out the new gang. They finally settled down when they realized I was still listening, even if only partially.

The new proposal was finally perking along, and I was doing a decent job of keeping both story ideas fresh in my mind but separate enough to allow me to keep writing.

Until I went on a trip. There I was, in the airport, minding my own business, waiting for my flight, when another story idea pulled in to the opposite concourse. And stayed with me for the next three hours, chattering up a storm.

Two weeks later, I’m reading about a workshop at a nearby museum, and before I could close the browser tab, yet another character was chatting me up.

Then a couple of weeks ago during a family road trip, I was staring out the window, enjoying the scenery and, wouldn’t you know it, a sparkly new idea was waving at me from a ratty old sign next to an abandoned farm house.

So now I'm up to five active story ideas. That’s a few too many squirrels having a tea party in my brain. And that’s when forward momentum starts resembling the Washington DC beltway during rush hour. Someone has to yield and someone has to merge (preferably without leaving behind some serious roadkill).

Anywhoo … You know those people who tell you to write down the ideas while they’re fresh, because you won’t necessarily remember later on? Yeah. Don’t you just hate when they’re right?!

But here’s my hiccup with that concept—my story ideas are shy creatures. Well, shy about being captured at the beginning stage. Trying to plot out the ideas usually results in sending them scattering back to the top branches of the trees.

When I had the luxury of working on one project at a time, that wasn’t a problem. I could let an idea scamper away, knowing that if it was a strong enough concept, it would pop back up eventually. Once you sell that first book, though, the landscape changes and the expectation is that you can sell on proposal. That means capturing the story squirrels before they make off with your nuts.

But how?

Some people can grab an idea and hash it out in full detail. I envy them. If you’re lucky enough to have this capability, do it! Immediately!! Whether it’s long hand notes about your characters and plot points or a flushed out outline, capture that story idea for when you can come back to work on it.

I, however, need marinating time. This is my marinating time …

I crochet. While my hands work, the story ideas ping around in my head. The repetitive motion of crocheting helps ground the ideas – as much as possible that is. Even if the characters are talking over each other at times, bits and pieces start falling into place.

Once I have the basics worked out, I write a pitch. Think back cover copy. That’s usually enough to trap the story squirrel for when it’s time to flush out the concept.

With a few of these written, I always have something to pull when my agent asks for more options.

btw, that pretty “ideas” notebook at the beginning of the post? That’s mine too. I jot down notes from articles I’ve read that may come in handy for lining a squirrel cage at some point.

Are you a one-story-at-a-time kind of writer or a story squirrel herder? How do you organize the story ideas when you’re not ready to write them yet?

About Orly

Orly Konig is an escapee from the corporate world, where she spent roughly sixteen (cough) years working in the space industry. Now she spends her days chatting up imaginary friends, drinking entirely too much coffee, and negotiating writing space around two over-fed cats. She is a co-founder and past president of the Women’s Fiction Writers Association, and a member of the Tall Poppy Writers. She is rep’d by Marlene Stringer, Stringer Literary Agency LLC.

Orly’s debut, The Memory of Hoofbeats, will be released by Forge in 2017.

You can find her on Twitter at @OrlyKonig, on Facebook at OrlyKonigAuthor, or on her website, www.orlykonig.com.

Chuck Sambuchino

GIVEAWAY: In two weeks time, Chuck will pick three random commenters from this post to win his book, 2016 Children's Writer's & Illustrator's Market. Simply comment to win. Good luck!

I love talking to debut authors. They’ve just been through the difficult process of getting a first book published, and are oftentimes full of knowledge concerning what they did right (and wrong) on their journey to success.

So with that in mind, I asked 16 debut children’s book authors—writers of picture books, middle grade, and young adult—for advice they’d like to share with other writers. Enjoy their wonderful answers below.

All authors included in this article either had their books released in the past nine months, or their books will be released before October 2016, so you’re getting tips and guidance from writers who are in the thick of things right now.

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“Write for you first. Write what you like. And keep at it.”

• Julie Falatko, author of the picture book Snappsy the Alligator (Did Not Ask to Be in This Book)

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“Always keep writing the next thing. Truthfully, I think not giving up is huge. If you keep at it and keep learning, you will get there. In many cases, ‘failure’ or lack of success comes from not putting yourself out there enough.”

• Jenn Bishop, author of the middle grade novel The Distance to Home

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“My attitude was to interpret any ‘no’ from the publishing industry as ‘not yet.’ I also viewed any feedback—whether a thoughtful critique or a full-on rejection with no explanation—as a gift. Be willing to work harder than will show. No reader will know if you had to rewrite the opening chapter ten times, or cut an entire character. All that matters is the [final product].”

• Lindsay Eagar, author of the middle grade novel Hour of the Bees

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“The most valuable thing I did to improve my craft was finding critique partners and beta reading regularly for other writers. In addition to reading published books voraciously, providing beta feedback on manuscripts helped me study the craft of writing and gain perspective to judge my own work. Writing is rewriting.”

• Melanie Conklin, author of the middle grade novel Counting Thyme

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“Inspiration is overrated and ideas are cheap. Being a writer doesn’t mean you’re exceptionally smart, creative, or talented. Instead, it means that you put in your time. That you put in your million practice words. I found there to be so much less ‘luck’ in the publishing process than I’d originally thought. I also learned (if quite late in the game) to be my own type of writer. Not to sound cheesy, but it was a huge epiphany to discover that my very best writing came when I was trying to be me, not someone else. If I could travel back in time and tell myself anything, it would be: ‘Finish that first novel, and then throw it away! Rinse and repeat. All the while, study writing. Study craft. Study stories.’ ”

• Steve Bohls, author of the middle grade novel Jed and the Junkyard War

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“Write what excites you as a reader. I like to write the kind of story I like to read, not what I think the market needs or wants. For me, writing is just a grown-up form of making up stories like a kid does while playing with toys. If you do not find yourself getting excited by what you have written, then it’s a good warning sign that it should be rethought or rewritten.”

• Adam Furgang, author of the middle grade novel Braxton Woods Mystique

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(Hi, everyone. Chuck here chiming in for a second. I wanted to say I am now taking clients as a freelance editor. So if your query or manuscript needs some love, please check out my editing services. Thanks!)

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“Getting involved in the writer community online has been a key step toward my eventual publication. Twitter especially became a hub for me where I connected with other writers, met my future critique partners, became familiar with agents and industry professionals who share tips for aspiring writers online, and kept up to date with what was going on in the publishing industry. Swapping manuscripts with critique partners is easily the best (and scariest) writing decision I ever made.”

• Ava Jae, author of the young adult novel Beyond the Red

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“Take in other art whenever you can—books, visual art, music, plays, movies that inspire you. It helps your brain rest, and gives you creative energy.”

• Anna-Marie McLemore, author of the young adult novel The Weight of Feathers

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“Just write—wherever, whenever you can. If the product is garbage, you can always fix it, as they say in the film industry, in post.”

• Julie Hammerle, author of the young adult novel The Sound of Us

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“1) Never give up. Just don’t. 2) Turn off the television and your i-Whatevers, and get to work. 3) Don’t be afraid to revise and to listen to other people’s suggestions about how to improve your writing. 4) Keep at it. There is someone out there who needs the story you are writing.”

• Kathleen Glasgow, author of the young adult novel Girl in Pieces

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“You must write. If you don’t write, you won’t have anything to edit later. You must get words down on the page. Even if you feel like what you are writing is terrible, at least it is on paper and you can fix it later.”

• Penelope Wright, author of the young adult novel No Use for a Name

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“For me, ‘success’ has come from getting repeatedly thrown flat on the ground—by harsh critiques, rejections, reviews, you name it—and then getting up, dusting myself off, and continuing to pursue publication. It’s been three steps forward, two steps back. And in this industry, I think that’s pretty normal. Success comes from a process of persistence.”

• Olivia Rivers, author of the young adult novel Tone Deaf

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“Read. Read widely, outside your chosen category and genre. Read things you’re not sure you’ll like. As a reviewer, I’ve read hundreds of books I would never have picked up on my own. I’ve learned something about writing from every single one of them, even if it was what not to do.”

• Margot Harrison, author of the young adult novel The Killer in Me

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“I’m a big believer in writing what scares you. There were many elements of Underwater that scared me, but I think those fears pushed me to write a better book.

• Marisa Reichardt, author of the young adult novel Underwater

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“Anne Lamott’s Bird by Bird taught me that I can’t look at the entire story and its every twist and turn, layer, and subtlety all at once. That view will cripple a writer on the spot. My tactic is to chip away at a story bit by bit, turn that chunk of marble into something people want to look at. I focus only on a chapter, and brainstorm on one or two elements to include. But they have to be elements I feel excited about. My mentor would always say, ‘Write where the heat is.’ I find that heat and start running toward it.”

• Kara Storti, author of the young adult novel Tripping Back Blue

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“Remember that what works for one writer might not necessarily be good for you. Try a lot of different approaches, but focus on creating a process that works for you.”

• Meghan Rogers, author of the young adult novel Crossing the Line

 

About Chuck

Chuck Sambuchino of Writer’s Digest Books edits the GUIDE TO LITERARY AGENTS and the CHILDREN’S WRITER’S & ILLUSTRATOR’S MARKET. His Guide to Literary Agents Blog is one of the largest blogs in publishing.

His 2010 humor book, HOW TO SURVIVE A GARDEN GNOME ATTACK, was optioned by Sony Pictures.  Chuck has also written the writing guides FORMATTING & SUBMITTING YOUR MANUSCRIPT and CREATE YOUR WRITER PLATFORM.

Besides that, he is a freelance book & query editor, husband, sleep-deprived new father, and owner of a flabby-yet-lovable dog named Graham.  Find Chuck on Twitter and on Facebook.

Check Out These Great Upcoming Writers’ Conferences:

July 23, 2016: “Get Published” Conference of Tennessee (Nashville, TN)
July 30, 2016: Colorado Writing Workshop (Denver, CO)
Aug. 12-14, 2016: Writer’s Digest Conference East (New York, NY)
August 20, 2016: Toronto Writing Workshop (Toronto, Canada)
Sept. 9, 2016: Sacramento Writers Conference (Sacramento, CA)
Sept. 10, 2016: Writing Workshop of San Francisco (San Francisco, CA)
Sept. 10, 2016: Chesapeake Writing Workshop (Washington, DC)
Oct. 28-30, 2016: Writer’s Digest Novel Writing Conference (Los Angeles, CA)
Nov. 5-6, 2016: ShowMe Writers Masterclass (Columbia, MO)
Nov. 19, 2016: Las Vegas Writing Workshop (Las Vegas, NV)
Feb. 26 – March 3, 2017: Writers Winter Escape Cruise (conference/cruise departing Miami)