Writers in the Storm

Susan Spann

In Star Wars, Obi-Wan Kenobi refers to Mos Eisley spaceport as a “wretched hive of scum and villainy” and adds, “we must be careful.”

Obi-Wan’s wisdom applies to the Internet too. 

Regardless of your publishing path, if you write for publication, you should take steps to protect your copyrighted work against Internet-based infringement.

Today, we take a look at how to do that. While no single post can cover all of the ways to protect your work online, here are some tips on things all authors can do to protect and enforce their copyrights:

1. Perform Regular Copyright / Infringement Searches. Every author should search the Internet regularly (at least once a month) for: (a) the author’s name, (b) the author’s published titles, and (c) any other words, phrases, or marks which might reveal infringement or illegal copying of the author’s work. For example, my searches include “Susan Spann,” “Shinobi Mystery,” and the titles of each of my published works (as well as “Flask of the Drunken Master” which doesn’t release until July. Using quotation marks around the search terms returns only those results which contain the exact phrase within the quotes.

Internet searches are important even if you also use Google Alerts or another monitoring service. While effective, automated alerts don’t catch all infringement, and can’t be relied upon to screen for all uses of an author’s work on the Internet.

Warning: Not all sites that come up on these searches will be safe to click on. Protect your computer with anti-script and antivirus software and other protective measures before clicking through to unknown or untrusted websites. Many websites that contain infringing content also contain trojan horses and other dangerous computer viruses. Protect your rights…but know that you click through at your own risk.

2. Set Up and Monitor Automated Alerts (e.g. “Google Alerts”). Programs like Google Alerts will monitor the Internet and automatically send the author updates when the search terms appear online. Google alerts is available free of charge in many circumstances; some programs and monitoring systems offer this service for a fee, but in most cases authors can get the same services free of charge through a combination of Google Alerts and regular Internet searches for the author’s name and title(s). Unfortunately, Google Alerts doesn’t actually notice updates to the “entire” Internet, so the results are not 100% reliable – everything which shows up is actually there, but your work may also appear in other places that Google Alerts did not notice. This is why I recommend using Google Alerts in conjunction with regular “live” Internet searches.

As with Internet searches, authors should set up Google Alerts for the author’s name and for each of the author’s published (or soon to be published) titles. Also: beware clicking through links on Google Alerts or other alert notifications. Be sure your computer is properly protected against viruses and hacking before you travel to the Mos Eisley Cantinas of the Internet.

3. Register Copyrights and Use Copyright Notices When Appropriate. Make sure that your publisher registers your copyrights with the U.S. Copyright Office in a timely manner (and if you’re self published, remember: the publisher is you.) Use copyright notices on all published works, including articles, presentation handouts and lecture notes, and blogs (unless the blog already has a copyright notice on it).

A proper copyright notice looks like this: © [year] [author name]. All rights reserved.

4. Understand How to Prepare and Use a DMCA Notice. The DMCA (which stands for Digital Milennium Copyright Act) is a U.S. law designed to protect authors’ rights and facilitate access to information. The law contains a provision requiring Internet Service Providers and website administrators within the U.S. to investigate and address claims of copyright infringement promptly, as long as the notice of infringement complies with the requirements contained in the DMCA. Earlier this week, I posted a blog explaining how to prepare and use a DMCA Notice, along with a sample notice I use with my copyright clients. You can find that tutorial here: http://www.susanspann.com/how-to-prepare-and-use-a-dmca-takedown-notice/

Traditionally published authors should check with their publishers before preparing and sending DMCA notices, because in many cases the publisher prefers to handle those notices in-house. Self-published authors need to learn the procedure and how to use a DMCA notice, in order to protect their legal rights.

5. Track Your Licenses and Permissions. Authors should have a file (either physical or electronic) for every copyrighted or published work, which states: (a) which rights in the work the author has licensed, sold, or granted, (b) to whom, and (c) when the contract or grant of rights expires. This way, if any question arises about whether uses are legal or not, the author has a quick-reference guide to the work’s current copyright status. At the start of an author’s career, it’s easy to track these rights, but the more works you produce, and the more years pass since their creation, the harder it will be to remember without a written record.

While these steps can’t prevent infringement altogether, and no one can control the Internet (in all its gruesome glory), they do offer concrete steps all authors can take to reduce the chance of infringement and theft.

If infringers refuse to respond to DMCA notices or requests for removal, authors should consult a copyright lawyer to determine their legal rights and whether legal action is worthwhile. In some unfortunate cases, infringers host their sites “offshore” in countries where copyright protection is nonexistent or favorable to thieves. These sites are difficult to shut down and often impossible to regulate, so pursuit of their owners may be a waste of time. However, other infringers may respond to attorneys (or court orders) even if they ignore the author’s initial contact. It’s often worth a call to an experienced lawyer if an infringer ignores or disregards your rights.

Have you ever had to police your legal rights on the Internet? How did the experience go for you?

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About Susan

Susan Spann writes the Shinobi Mysteries, featuring ninja detective Hiro Hattori and his Portuguese Jesuit sidekick, Father Mateo. Her debut novel, CLAWS OF THE CAT (Minotaur Books, 2013), was a Library Journal Mystery Debut of the Month and a finalist for the Silver Falchion Award for Best First Novel. The second Shinobi Mystery, BLADE OF THE SAMURAI, released on July 15, 2014, and her third novel, FLASK OF THE DRUNKEN MASTER, releases in July 2015. Susan is also a transactional attorney whose practice focuses on publishing law and business. When not writing or practicing law, she raises seahorses and rare corals in her marine aquarium. You can find her online at her website, http://www.SusanSpann.com, and on Twitter (@SusanSpann).

 

Readers are smart. Smarter than we authors give them credit for. They get where we’re going way before we think they do. I think that’s why it’s so hard to give them an ending that will shock them.

I mean, think of the books you've read. How often have you been truly stunned by a plot turn, or an ending? I can think of two: The Haunting of Hill House (still getting over that one, and I read it in high school!) and South of Broad, by Pat Conroy.  Films? The Sixth Sense and Primal Fear. That’s it.

Oh sure, I've been surprised by others – where I’ve thought, ‘Oh, didn’t see that coming,’ and I move on. But not stunned.

I don’t write mysteries, but in those, you’re usually reading to find out whodunit, not what the ending will be, right? It’s a foregone conclusion that the bad guy (whoever he is) will be, if not apprehended, at least revealed at the end. And mystery aficionados usually narrow the choices to at least two by that time, right?

I’m talking about a reveal that shocks.

Why is it so hard to surprise readers? Because, while they’re reading, they’re thinking. They’re noting small details and storing them, to be used later to draw conclusions. And because readers are so smart, it takes a lot less clues than you think they’re going to need to get there.

I’m considering this subject because I just finished a women’s fiction novel that isn’t a mystery, but has a reveal at the end of the book. This subject in the background the entire book, but it’s the basement of the plot, characters and motivation that the entire book rests on.

So yeah, it’s important.

I want the reveal to come as a shock to the reader. When I finished South of Broad (no spoilers here - I’m not ruining it for you) I felt like I’d walked into a door. Then I put my head on the table and cried. Now, I’m no Conroy (though I aspire, impossibly, to be), but I want this reveal to hit the readers in the gut – to make them at least pause to take a breath as the implications dawn.

But how do you do that? I’m certainly not the expert, but I’ll share what I've learned from this book.

First, the protagonist can’t know the secret. I mean, we’re in their heads the entire book – if this is a big deal to them, they’re going to be thinking about it. If they know it, we’ll know it. You can’t withhold facts to manipulate the reader – it pisses them off. Remember Stephen King’s, Misery? ‘Nuf said.

The secret can’t be the total purpose of the book. If the reader is waiting 320 pages only for a reveal, they’re going to be at best frustrated, at worst, your book will hit the wall way before they’re done. Even if you’re Pat Conroy, you’re not that good.

In my case, the mystery pertained to the past. It’s backstory.

I learned a lot about the effective use of backstory from this book, because it forced me to focus on NOT putting in the actual event.

My story is of two sisters, told third person from the older sister’s POV. We get a hint that something bad happened to the younger sister, in the first scenes. By the third chapter, she’s fallen into serious depression. The reader will probably think/guess it pertains to some kind of sexual abuse.

My protagonist (the older sister) didn't know the secret. But I did. I had to be vigilant not to let the protag. in on the secret (and yes, it sounds like I’m dealing with a real person, but y’all are writers – you get that they ARE real, right?)

Knowing how hard it is to keep a secret from the reader, I came at this from a different direction. Instead of dropping clues, I worked hard NOT to. I scrutinized every tiny detail to be sure I wasn't saying one word more than what was needed to make the plot hold, and the motivations make sense.

And in doing this, in taught me the BEST way to handle backstory. Which is, using as little of it as possible.

When the younger sister falls into a catatonic state, she’s put in a mental facility. The older sister gets a job that takes her on the road. She has her own arc – her own problems and challenges.  The story moved on. This not only distracts the reader from the mystery, it (if I did it well), makes the book rich and layered. The mystery falls into the background, as I wanted/needed it to. The book is really the older sister's story.

The backstory stays alive through the protag’s thoughts. Think about it. If this happened to you, how would your sister being catatonic effect you? This is a great way to slip in slivers of backstory.

Thoughts: Wouldn't your mind keep coming back to the problem like a toddler’s hand to a checkout stand candy display? Even if you don’t have the answer, your mind would work at the problem.

Focus on the details: Have you ever lost a loved one? I have, and I still see that person in the flash of a second - a stranger’s gait from behind, the curve of a cheek, in passing. I want to pick up the phone and call, when I see something that would tickle them. I'll caress a shirt I know they’d love on a rack I pass in a store.

Flashbacks: These can be powerful, but again, you need a lot less than you think. I inserted only a couple of two-paragraph slivers, maybe twice, in the whole book. They deal with the sisters’ childhood, to explain the older sister’s world-view.

The above are what our own Orly Konig Lopez calls, Tiny Tells. They are a split second reminder to the reader. They build the character, one small tell at a time. They are a subtle reminder of the sister, who, though not on-scene through most of the book, is still there in the background.

Which is my last point.

Always Trust Your Reader

Remember how smart they are. You need a LOT less details, hints and backstory than you think.

This is what I learned, by writing my book. Did I apply what I learned well?

I have no idea. I’ll let you know when the book comes out, and you can judge for yourself.

Do you have any tips for using backstory, or keeping Secrets?

Any books or movies whose end actually stunned you?

 

About Laura

Laura Drake is a city girl who never grew out of her tomboy ways, or a serious cowboy crush. She writes both Women's Fiction and Romance.

She sold her Sweet on a Cowboy series, romances set in the world of professional bull riding, to Grand Central. The Sweet Spot (May 2013), Nothing Sweeter (Jan 2014) and Sweet on You (August 2014). The Sweet Spot won the 2014 Romance Writers of America^®   RITA^® award in the Best First Book category.

Her 'biker-chick' novel, Her Road Home, sold to Harlequin's Superomance line (August, 2013) and has expanded to three more stories set in the same small town. The Reasons to Stay released August, 2014.

In 2014, Laura realized a lifelong dream of becoming a Texan and is currently working on her accent. She gave up the corporate CFO gig to write full time. She's a wife, grandmother, and motorcycle chick in the remaining waking hours.

Twitter  Facebook

 

Piper Bayard & Jay Holmes

One of the most common mistakes in fiction is confusing which intelligence agencies have the power to do what to whom and where they have the authority to do it. Today, we want to clear up that confusion.

While there are numerous military and civilian intelligence agencies, we’ll focus on four of the biggest branches, which are also the ones most commonly assigned imaginative extracurricular activities by fiction authors – the Central Intelligence Agency (“CIA” or “Company”), the Federal Bureau of Investigation (“FBI”), the Department of Homeland Security (“DHS”), and the National Security Agency/Central Security Service (“NSA/CSS” or “NSA”).

 

Central Intelligence Agency

Purpose:

To collect, assess, and disseminate foreign intelligence. The Central Intelligence Agency is and always was what Congress thought it was creating for the first time with the DHS.

Where the CIA operates:

Exclusively on foreign soil.

Entire novel and TV series are premised on the notion that the CIA conducts elaborate surveillance and investigations of American citizens on American soil. (i.e. Homeland and Burn Notice). No. Even in the case of an internal investigation, such as the investigation of traitor Aldrich Ames, the agency must contact the FBI and/or the DHS—depending on the foreigner’s activities—as soon as surveillance on American soil is involved.

What the CIA is authorized to do:

The CIA is authorized to gather intelligence on foreign countries and foreign individuals outside of the US. It has its own employees, but it can also employ contractors and foreigners. Any combination of employees (a.k.a. blue badgers), contractors (a.k.a. green badgers), or foreign agents can be involved in an operation.

Power to arrest:

The CIA does not have the authority to arrest anyone. They do at times detain foreigners in the process of covert actions, but you didn’t hear that from us. The CIA never arrests people for the purpose of prosecution.

To arrest someone on foreign soil for the purpose of prosecution, the CIA cooperates with the FBI, who must in turn cooperate with the host country.

 

 

An example of this interaction is the arrest of the first World Trade Center bomber, Ramzi Yousef, in Islamabad, Pakistan. A US State Department employee found the relevant lead by passing out thousands of matchbooks with a modest reward offer printed on the covers. He turned over the information to the CIA, which located Yousef and kept him under surveillance until an FBI team could arrive in Pakistan. The FBI executed a raid while the Islamabad Police waited outside the building. When the FBI brought Yousef out, the Islamabad Police performed the arrest and immediately turned him back to the FBI team to be escorted to New York for formal prosecution.

Oversight:

The CIA reports to the National Intelligence Director, who reports to the president. The agency is overseen by the Senate and House Intelligence Committees. As much as Congress and the president disavow their knowledge of CIA activities at times, the CIA has never operated without oversight from Congress and the White House.

 

 

Federal Bureau of Investigation

Purpose:

The FBI was originally the federal government’s investigative agency. Now, the FBI investigates both criminal and terrorist activities and has offices in several overseas US embassies.

Official priorities listed at the FBI website:

1. Protect the United States from terrorist attack
2. Protect the United States against foreign intelligence operations and espionage
3. Protect the United States against cyber-based attacks and high-technology crimes
4. Combat public corruption at all levels
5. Protect civil rights
6. Combat transnational/national criminal organizations and enterprises
7. Combat major white-collar crime
8. Combat significant violent crime
9. Support federal, state, local and international partners
10. Upgrade technology to successfully perform the FBI’s mission

Unofficially, the FBI is tasked with keeping suit manufacturers in business.

 

 

Where the FBI operates:

The FBI operates inside the US as both an investigative and a law enforcement agency. Outside of the US, the FBI assists foreign governments in investigations and conducts investigations of crimes against Americans and American installations. It also acts as a liaison to foreign law enforcement agencies.

What the FBI is authorized to do:

The FBI is authorized to conduct law enforcement and surveillance inside the US. Outside the US, it relies on the CIA for surveillance and must obtain the permission and cooperation of foreign governments for any US law enforcement activities on their territory.

Power to arrest:

The FBI arrests people inside America and, with the cooperation of foreign governments, takes criminals abroad into custody.

Oversight:

The FBI answers to the Department of Justice. The president can and does speak directly to the bureau, and the attorney general and various congressional committees provide oversight.

 

 

Department of Homeland Security

Purpose:

We’re not sure they know, and if they do know, they’re not admitting it.

Law prevented the FBI and CIA from operating effectively to avert terrorism in the US in that the bureau and the agency weren’t allowed to share most of their information with each other. This could have been fixed with a few changes in law.

However, Congress, never one to do for a dollar what could be done for $38 billion dollars, created the DHS. Their intent in establishing the DHS was to set up an agency that could work with itself in order to prevent the next 9/11. Its original core mission was counter-intelligence in order to ensure a homeland that is safe and secure, whatever that means.

The DHS is still creating itself and being created by outside forces such as Congress and any given president. Since its inception, the department has grown to include FEMA, the Coast Guard, the Secret Service, ICE, Border Patrol, TSA, and more.

 

 

Where the DHS operates:

DHS operates both inside the US and outside the US, supposedly with the cooperation of the CIA. That boundary is a grey area that has never quite been defined.

What the DHS can do:

The DHS can order surveillance on anyone inside the US for virtually any reason under the Patriot Act and its legal progeny. To spy on people outside the US, it relies on the NSA, the CIA, and other agencies.

Power to arrest:

Like the FBI, the DHS can arrest people in the US or abroad if it obtains the cooperation of the foreign country. Those arrested by the DHS in the US have all the rights they would have if arrested by any other US police body. If the DHS nabs someone overseas, that person will show up in the US judicial system.

Oversight:

DHS has full department status, unlike the FBI or the CIA. They have their own department head. It is a cabinet position that reports straight to the president and only nominally to the National Director of Intelligence.

 

National Security Agency/Central Security Service

Purpose:

Cryptology is at the core of the NSA/CSS. It’s the agency’s job to break foreign codes and set codes for the entire US government. It also listens to and stores foreign and domestic signals, including computer signals.

The NSA is very stingy at sharing what it gathers with other sectors of the intelligence community. Other intelligence organizations view the NSA as a black hole where information and money go in, and nothing comes out. In fact, it is undoubtedly the source of astronomers’ models of cosmological black holes.

Where the NSA operates:

Most NSA employees reside and operate inside the US, though they might travel to US embassies or foreign bases. Anywhere there are secured communications, the NSA has the authority to show up and investigate to make sure that security procedures are in place.

The NSA neither confirms nor denies having any facilities for gathering signals outside of the US.

What the NSA can do:

The NSA’s foreign and domestic intelligence gathering operations are not discussed, however, we would refer you to Piper’s PRISM articles listed below. Everyone in the NSA leadership serves at the pleasure of the president. As with the CIA, the president likes to pretend that he forgot that the NSA does what he tells it to do.

 

 

Power to arrest:

The NSA doesn’t arrest anyone. Not ever. If someone shows up flashing an NSA badge, feel free to shoot them. They are a Hollywood crew and not NSA employees.

Oversight:

The question of NSA oversight has been afloat for many decades. They are supposed to report to the National Director of Intelligence and the CIA, but the CIA has never been satisfied with the NSA’s sharing of information.

Have you ever spotted fantastical activities on the part of spy agencies in fiction? Do you have any questions about who gets to do what to whom in the real world?

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PRISM Surveillance on Americans—What Price Convenience?

PRISM—We Can’t Stop the Signal

Why PRISM Matters

Spooks Without Boundaries

NSA: Hoarders, Cheaters, Dr. Phil, or Jerry Springer?

America Is Not a Location--The Ultimate Price of Citizen Surveillance

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Piper Bayard is an author and a recovering attorney. Her spy thriller writing partner, Jay Holmes, is an anonymous senior member of the intelligence community and a field veteran from the Cold War through the current Global War on Terror. Together, they are the bestselling authors of international spy thriller THE SPY BRIDE, which will be re-released this spring.

For Bayard & Holmes updates notice of releases, subscribe to the monthly Bayard & Holmes Covert Briefing.

You can contact Bayard & Holmes in comments below, at their site, Bayard & Holmes, on Twitter at @piperbayard, on Facebook at Bayard & Holmes, or at their email, BH@BayardandHolmes.com.