After reading this article Facebook owns your content. All of it. Forever, I am reminded of the virtual lack of control content generators have over their content online. This is one of the reasons why I am very careful with not only what I publish online — but where.
Here’s a breakdown of the services I use, how I use them and their “content ownership” policies.
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Today my readers I’d like to feature a guest post by a hobby games veteran. Chris Clark from Inner City Games Designs gives us his thoughts on copyright. His thoughts were spawned by a very intense discussion regarding the Google class action settlement with the Author’s Guild. If you’re not aware of the lawsuit and subsequent settlement, you’ll want to read The Author’s Guild Google Settlement Resources and how it might affect you.
I’m an industry dinosaur. Inner City Games Designs (ICGD) is approaching its 30th year in business (est.1982, first pubbed product actually in 1981 – it was a smaller, kinder industry then). I frankly have 107 published IPs that could be in serious jeopardy if the courts allow this to happen. I’m working on two books and four games for the next quarter as well.
I do a LOT of things to earn a living, and always have.
I can build a car from scratch.
I can build a house from scratch.
I can build furniture from scratch.
I was a restaurant chef for 7 years.
I was a logistics (import/export) guru for 16 years (although I am now sadly out of date).
WHY do I write stories and games to make my living? Because, if I do that job well, that particular body of work should outlive me. The effect that said work will have on its intended audience will extend beyond the brief span of years with which I have been gifted. In short… those ideas, those IPs, are my legacy (not Google’s legacy, not some programmer’s legacy).
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I’ve run into many writers recently who are under the impression that online publishing is the same thing as print publishing. You publish on the web — no one else would “dare” pick up your article or content — and readers will flock to your article or blog post because of your reputation as a writer.
Misconceptions about online publishing form because many writers have years of experience with print media, which is more static than the ever-changing world of online publishing. In the world of print publishing, writers typically have more control over content and often benefit from built-in circulations for whatever print media they are going with. Since print publishing is more static than online publishing, and if writers aren’t familiar with how online publishing works — they can often end up with hurt feelings and huge misconceptions about how a publisher, blogger or reader feels about their work.
Here’s a list of my top five writer’s misconceptions about online publishing:
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There’s a lot of industry news about the JK Rowling copyright case but, in my opinion, not a lot of understanding as to how the effects of this case will ripple through the industry. First, let’s take a look at what this case is about from Publisher’s Weekly Article about JK Rowling vs. a Fan Site:
The case centers on RDR Books’ intended publication of The Harry Potter Lexicon by Steven Vander Ark, which is based on the Web site of the same name that Vander Ark has maintained for the past seven years.
Translation? A fan is making an “unofficial Harry Potter-verse guide” and is being sued by Rowling for copyright infringement and the specific argument is related to a concept known as “fair use.” From Yale’s Library, here’s the definition of fair use that is pretty easy to digest:
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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:
(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.