When do you Need a Copyright?

Many writers take ownership over their work; our writing is our personal treasure stash that we are willing to share with the world. But how do we share it? We need protection, right?

Well, here’s a question that I wish more writers would consider: When do I need a copyright?

First, a caveat. I am not a lawyer, so if you’re looking for definitive “ins” and “outs” of the law, visit Copyright.gov and the nicely spelled out “What is Copyright? from the SFWA.

Onto my point. I think one of the hardest things for inexperienced authors to wrap their minds around is the legal implications of copyright and when they should buy one. Here’s an example: So I was trying to find a group of writers online with some experience when I came across one that bought copyrights for every draft story they posted online. Not one of them would even consider using Creative Commons, which blew me away. When I had broached the subject, I received a flood of comments saying everything from “I don’t know how important copyrights are” to “I have to protect my work.”

I’ve heard so many writers rushing out to “buy their rights” without realizing what they are getting for their money — because once you have rights, shouldn’t you consider what it takes to protect them? If you don’t know what that means, you should probably talk to a lawyer who specializes in copyright law, because believe me, it costs a lot more than $35.

If you’ve read books or watched movies (which I’m assuming all of you do), then you’ve probably made the comment “Oh, that’s a rip-off!” or “Oh, that’s just like Rotten Toasters from the Nebula Verse!” I’ve often heard the “twenty percent” rule floating around whenever I hear pros talk about this sort of thing, that a work only needs to be twenty percent different from the original copyright in order for it to be considered a “new work.” Although I couldn’t find the source of that, I usually don’t concern myself with “copyright infringement” rules on that level, simply because I don’t “go there.” Why?

Simple. It’s too risky, and it could damage your reputation…indefinitely.

Consider those amateur authors who think that they can write within another author’s setting — and believe that they have every right to do so. Yes, I’m talking about “fan fiction.” Probably one of the biggest misunderstandings about copyright that I’ve come across, is the belief that a writer can “write within the world of X” as long as he (or she) doesn’t address the main characters. This is a big “no-no” and was easier to find in the copyright law; it’s under “derivative works.” No matter how much you may love Harry Potter or Aragorn or Lemony Snicket, if you write anything within their setting you are in direct violation of the copyright laws. You need permission.

Don’t believe me? Ask any publisher for any “licensed” product within the Marvel Universe what their rights are. And then ask them how hard it is to actually release their action figure, poster, or deck of cards. “Licensed” means “licensed,” and writing fan fic is not a good way to get your name out there if you don’t have permission. Trust me on this one.

Here are the questions I ask myself whenever I write fiction to cover-my-butt:

    (1) Was I heavily inspired by [insert popular novel title here]? If so, how similar are my characters? Setting?(2) Can I find the name of my book or my primary characters online? If so, change them.

    (3) Where am I posting my drafts? Do I trust the source?

    (4) Do I plan on selling the work? If so, go with Creative Commons until terms are negotiated through my contract. If not, why bother?

    (5) Are my editors bound by non-disclosure agreements until the work is released?

The point I’m trying to make here, is that writers write “to sell.” I have different concerns about copyright, because the rights to my work are often a point of negotiation since I am considered an “unknown” author. It is not uncommon for new writers to make a flat-fee of $5,000 on a first novel; and not retain several of their rights. If you own every copyright flat out, agents and publishing houses will sometimes shy away from you because you appear to be very inexperienced.

So yes, I do think that authors should care about copyright, respecting other’s works, and protecting their own. But I also think that the basic premise of copyright is abused all too often; contracts often cover these rights in print, and there are ways to protect yourself online at no cost to you.

The Hidden Risk Behind Freelancer "Auction" Sites

Type in “freelancing jobs” into your favorite search engine and just watch as a slew of so-called “auction” sites pop up. A lot of fellow writers I know (including myself) have tried these places in the hopes of finding work. While many of these places have legitimate, professional opportunities, there is one major drawback to them. Other writers.

As a freelancer, sometimes you get more work than you can handle, and other times you’re wondering how you could stomach another box of macaroni and cheese. Sometimes, if you’re savings have dried up, you might negotiate for a smaller price–just to get the work. If you do, you’re not alone. It is not uncommon for a less-experienced or desperate writer to underbid everyone else for a number of different reasons; maybe they don’t know how much to charge, maybe they just simply need the money.

What happens when a writer bids too short on these sites, which may or may not charge fees for everyone, is that the buyer’s (i.e. companies and employers) expectations of how much a writer’s work is worth drops considerably. This is especially true if the company was happy with the completion of the project and the quality of the work.

How do you get around this issue? Well, there are a few things that you can do. Explore the site you’re considering thoroughly. Don’t be afraid to ask other pros what they truly think about these sites. Sometimes, another writer’s opinion can be invaluable.

By now you should know how much you’re worth. Review your writer’s portfolio to ensure your samples are in the market you’re targeting. You can check out current salary calculators or ask your references how much they would charge for a particular project, or even check with your local employment agency to help you.

Don’t be afraid to interview your employer. A few questions cannot hurt you; if a company is is afraid to answer them, then your opportunity might be a risk.

After putting all the pieces together, then you’re ready to assess your budget and see whether or not the money you are bidding is realistic. “Realistic” means, a standard rate that includes a certain level of services, which comes through your savvy probing of the employer. Is there editing or several drafts involved? Will the firm provide you with what you need to complete the assignment? Is there research involved? Is this a “group” project?

The key message that I’m trying to convey here is: do not undervalue what you are worth, because you will hurt both your chances, as well as other writers’, to earn a reasonable amount for the services you are providing. One or two projects, sure, because references are invaluable to finding new opportunities and we’ve all been known to do that from time-to-time.

If you want to make it as a freelancer or any other creative in a competitive market, it’s important for you to set standards so you not only use your time more effectively — you get paid for it, too.

Writing for the Web (What it’s Really Like)

Ever since I got my new job in April, I have been exploring another universe of copywriting as it relates to a little something called “organic search.” Organic search is all about a human typing in keywords or search phrases into Google, Yahoo! or any other search engine, and then getting specific results to your request.

The writing that I typically do at work is the idea that by using those same keywords a human types into the search bar, you can help your site get located for its great content when it gets indexed by the search engines and hopefully ranks well. The work that I do is to create readable, keyword-rich copy that’s interesting, because who wants to read crappy copy?

As I’m sure you can imagine, this type of work can get very mechanical, repetitive and very crunchy. There are tons of data tools accessible to help you with your keyword choices, but in many cases online marketers and the people you’re writing for also have their own ideas about what those keywords are. Just how granular can this be?

Think back to your first computer class where you learned about binary. Spaces, odd characters, the singular and the plural can all affect your keywords and the placement of the words on the page. So instead of thinking about themes, you end up obsessing over keywords and their placement, and crafting content around those concepts.

And yes, it can suck the creativity right out of writing…but in a way, it forces you to be more strategic about your writing and, admittedly, more focused.

Keywords and keyword themes, whether or not you write for online publications or off-line, should be tools we can all keep in mind as we write for someone else or promote ourselves. If you’ve written savvy resumes or cover letters before, you probably understand exactly what I’m talking about.

Here’s a free tool from WordTracker you can use to help you factor in some ideas. The tool gives you a rough estimate of the number of searches for the exact phrase or keyword as you type it in their search field.

If you’re interested in learning more about this particular topic, let me know and I’ll be happy to blog about some nifty newsletters and professionals with tons of experience in this area, called “search engine optimization” so you can increase your own knowledge base to help yourself keep up with the changes of the web.

How to Avoid the "Writer’s Stigmas" and Promote Yourself

For those of you who enjoy writing, I’m sure you’ve heard of many of the stigmas that authors face from time-to-time. From being accused of anti-social behavior to not living in the “real world,” as artists who write for entertainment or for business, it’s sometimes good to consider what you’re getting into. Many famous authors and writers weren’t necessarily remembered for their works, but because they had a personality and were relatively quirky. Some personality tics can help you sell your work, because you’re creating a persona to tie into your work. However, there are others attributes, that we all have, that aren’t so great which can really put a damper into your ability to get work.

Here are a few tips to help avoid the stigmas to earn yourself a professional reputation, and the ability to find more work:

  • Keep up with Technology: In related posts, I had talked about how to use your technology wisely. From avoiding flame wars to ensuring you speak grammatically correct, your command of technology and computers is important in this “cyber age.” I know how frustrating it can be when new things come out on the market (Hint: Microsoft Vista or new forms of PHP programming), so consider spending a few dollars at your local community college and sign up for a four-to-six week course for whatever software you’re weakest on. They’re not that expensive, and you’ll gain confidence in your abilities as you go along.This link is a veritable writer’s toolbox perfect for crafting some savvy online tools to promote yourself as well. You’ll need to sift through the links, but the descriptions are pretty easy-to-read and you’ll be able to quickly ascertain what will work for you.
  • Join your Local Business Organizations: If you’re like me, you probably work a full-time job and then write in your spare time or, you spend a lot of time looking for work to keep up with bills as you grow your freelancing career. Time is valuable to you, especially when you’re trying to move forward in your career. I highly recommend looking for local business organizations in your area to network, and also join your university’s alumni association.
  • Start (or Join) a Book Club: It’s very easy for your social skills to weaken as you spend more and more time in front of a computer. One way to hone those skills, while getting something out of it for yourself, is to join (or start) a face-to-face discussion about a particular book once a month. Not only will it force you to read something outside of your normal scope, it will help you diplomatically improve your debate skills and get that intellectual discussion I know you crave.
  • Work Hard, Play Hard: In another tip, I had talked about the importance of play. I can’t stress enough how important it is to remember to balance your writing with getting off the computer and enjoying yourself. It’s so easy to fall in the trap of burn-out or worse, writer’s depression. Please, please, please reward yourself for all the good that you do in this field by spoiling yourself through fun. When you’re happy and well-adjusted, other non-writers will pick up on that and your business will grow.
  • Balance Promotion with Common Sense: As I had stated above, the worse thing you can be accused of as a writer is being dysfunctional or flighty, because it implies you’re not reliable, so a lot of the time we have to work around that by showing how unique–not crazy–and healthy we are. If you have a decent photo of yourself (make sure you ask someone else if you’re not sure) post that on your blog or website.

Are there things that you do to promote yourself that I haven’t listed here? I invite you to share your tips, and I will follow up with another blog post in a few weeks crediting your advice. Be sure to include your website or blog if you are interested.

Happy promoting!

Write Games? You Must Work for the Devil! Right?!?!

One of the first issues that came to my attention when I started writing for the hobby games industry and playing more video, card, PC, and RPGs, is the stigma that’s associated with gaming. Enter Dennis, from Game politics who has covered a whole host of articles on the subject, “Violence in Video Games.” (Caveat* I’ve written a few articles for the site.)

It’s funny how many times I’ve gotten weird looks and other sorts of declarations ranging from comments declaring everything from a “lack of maturity” to “video games are the work of the devil!”

And to top it all off, this stunning (NOTE THE SARCASM) article comes out. TV, Film and Game Violence seen as a threat.

Sports are violent. Sports are a game. Take ice skating, for example. How many comedians have done skits on “what went wrong” with the skater’s performance? Our entire media and local TV news are both violent; rarely does either of them specialize about what is great about humanity. Protect the children? Hey, your parents probably played “Cops and Robbers” or “Cowboys and Indians” growing up, with more realistic-looking guns than the ones they have out now.

Don’t agree with me? Fine. I get extraordinarily frustrated with all these studies because, in the end, people “forget” that there is a conscious brain behind the person absorbing the content that’s around them. Yes, there should be levels of play depending upon ages, and I have no problem with that. But if I play Resident Evil, for example, I know I’m smashing zombies — not humans. I don’t feel the urge, afterward, to go hit someone. I’ve already relieved my stress, without drugs, alcohol, or any other “harmful” substance involved and I have *gasp* morals against that sort of thing.

I play games because it makes me a better writer and I get some enjoyment out of it. Screenwriters, fiction authors and game writers — no matter what field you are in within the industry — are entertainers. We don’t create content to be “violent,” we create it to be entertaining within the scope of a license, a team, or our own, little universe for the purpose of selling that media to people who are interested in playing it.

Here’s the kicker: If so-called violent video games didn’t sell, no one would be making them!

Working for the “devil?” If money is the devil, then I guess I should probably let my horns grow. Huh, now there’s an interesting story idea.

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