Writer's Digest Questions and Quandaries

Q: What are the legal ramifications of reproducing song lyrics in a manuscript? If permission from each copyright holder is necessary, what’s the best way to secure these permissions? Also, can I use a song title as the title of my book?—June Youngblood

A: Song lyrics are copyrighted, which means you need permission to use them. According to our legal expert Amy Cook, there isn’t any specific law about how much you can take under fair use, but it’s common for the music industry to say you need permission for even one line of a song.

“The music industry is pretty vigilant about song lyrics,” Cook says. “This is especially true if you’re using the lyrics in a novel to progress the story or add atmosphere. If you’re a music critic reviewing a CD, you have more leeway under fair use.”

One way you can check to see if the song is still under copyright protection is to visit www.copyright.gov. This online site lists all copyright records dating back to 1978. For anything before that, you’ll need to contact the U.S. Copyright Office and may have to pay to have the records checked for you.

Another way to find the owner of the copyrights is to contact the American Society of Composers, Authors and Publishers (ASCAP) or Broadcast Music, Inc. (BMI). These two major music performance rights organizations don’t grant permission, but they can help you find the publisher of the song you’re looking to use.

Once you find the rights owner, you must ask for his permission. He could offer you the rights for free, completely deny you the rights or ask you to rename your dog after him. The price is completely up to the music publisher.

“As a practical matter, you don’t need to worry about getting permissions until your work is going to be published,” Cook says. “And your publisher may help you in securing permissions. Most publishers provide their authors with their permission guidelines and forms.”

As for song titles, however, titles of any kind (book, song) aren’t copyrightable. But they occasionally can be subject to trademark or unfair competition laws.

“If you used a really famous song title or part of a song as a title —say, ‘Yellow Submarine’— that’s so closely tied to a specific group (or artists), then you’d probably get a letter from their lawyers,” Cook says.

Copyrights | Legal Questions

Tuesday, May 13, 2008 6:01:33 PM (GMT Daylight Time, UTC+01:00)

Comments [4]

Tuesday, May 06, 2008

The A's and An's of Grammar

Q: I know “a” goes before words beginning with a consonant and “an” before words that start with a vowel. But it seems like lately it’s become fashionable in print to use “an” with any word beginning with the letter “h.” Try to say “an half an hour”: You’ll wind up with a sprained tongue! What’s the correct rule?—Tad C. Rhoden

A: It’s all about the sound of the first letter of the word following “a” or “an.” While “a” generally is used in front of consonants (a dog, a cat, a purple people-eater), every now and again, it creeps its way in front of words that begin with a “u” or “eu.” The true rule here is when the word following the article begins with a consonant sound, use “a.” For example: People gain knowledge and discipline at a university. I’m planning a European vacation in August. The “u” in “university” and “eu” in “European” make a “y” sound—a consonant sound—therefore, “a” is used.

On the flip side, “an” goes before words starting with a vowel sound (an elephant, an anteater, an obnoxious purple people-eater). Some consonants fall into this category, such as the letter “h.” When the “h” is silent—like in “hour” and “honor”—use “an”: Would you like me to bring an hors d’oeuvre? When you hear the “h,” stick with “a”: I’ll meet you in an hour and a half.

I hope that didn’t sprain your tongue too much.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.

Grammar

Tuesday, May 06, 2008 8:05:15 PM (GMT Daylight Time, UTC+01:00)

Comments [3]

Tuesday, April 29, 2008

Why Do Authors Use Pseudonyms?

Q: Why do authors use pseudonyms?—Anonymous

A: Authors write under pseudonyms, or pen names, for a variety of reasons. Established authors will do it to cross genres and keep from aggravating their fan bases. Wouldn’t you be a bit ticked off if you bought Stephen King’s next book expecting blood, guts and hair-raising intensity, only to find out it’s a weepy romance novel? King may choose to publish under a different name so he doesn’t disappoint his die-hard horror fans.

Another reason for using a pen name is to switch publishers. When an author is under contract, her publisher may own the rights to any upcoming work under her name. Often authors will take up a new name so they can shop around their work while avoiding legal problems (be sure to read your contract closely, though, because some prohibit this).

But one of the most common reasons authors write under aliases is because their earlier works bombed. If a writer didn’t make money for the publisher the first time, he’s not likely to get a second chance—publishers would prefer to give someone new a shot. Under a pen name, a writer can be reborn.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.

Legal Questions | Publishing

Tuesday, April 29, 2008 5:51:11 PM (GMT Daylight Time, UTC+01:00)

Comments [8]

Tuesday, April 22, 2008

What is a Literary Executor?

Q: I was recently approached by one of my relatives (my father's cousin), who asked if I would be her literary executor. I don't really know what this means and thought you might be able to shed some light on the subject. Do you know what this might entail?—Anonymous

A: Often people choose executors of their will to carry out their wishes and oversee the handling/distribution of their estate. A "literary executor," as defined by Merriam-Webster.com, is a person entrusted with the management of the papers and unpublished works of a deceased author. In other words, a literary executor specifically handles all your literary property, including overseeing your copyrights, contracts with publishers, outstanding royalties, etc.

While you can designate anyone to be your literary executor—your child, your neighbor, your old English sheepdog whom you affectionately call "Tots"—it's best to assign it to someone who knows a thing or two about publishing and copyrights. After all, this person will be in charge of all your published and unpublished writings. You want to be certain that your work is handled with care, so the money generated goes to your heirs and favorite charities instead of being "donated" to the bottom line of the publishing houses (unless, of course, you want the publishers to have all your money).

So where do you find someone with the wherewithal to handle your posthumous publishing affairs? If you have an agent, start with him. If he's 20 years your senior, a heavy smoker and likely to pass on long before you, his agency should be able to handle it. Just ask them how to go about setting it up. If you don't have an agent, turn to a friend who has publishing experience. The more knowledgeable the person is with rights, the better off your literary estate will be. And if both of those options are dead ends, select the family member you trust the most to contact/contract the proper professionals (e.g. lawyers, agents, editors, etc.) as needed.

For a more in-depth breakdown on the subject, you can read Copylaw.com's "Final Drafts: Selecting a Literary Executor" by Lloyd Jassin and Ronald Finkelstein. It's filled with great tips and advice to make sure that the value of your writings stay intact after you type that last word and head to the big writer's lounge in the sky.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.

Business | Legal Questions | Publishing

Tuesday, April 22, 2008 7:07:02 PM (GMT Daylight Time, UTC+01:00)

Comments [1]

Tuesday, April 15, 2008

Are You Using Trademarked Words in Your Writing?

Q: An editor once pointed out that I was using brand names instead of the generic equivalent. How am I to know which words have been trademarked and which aren't?—Anonymous

A: When your character cuts his hand, does he cover it with an adhesive bandage or a Band-Aid? Does his mother use a hand-held vacuum cleaner or a DustBuster? And be sure to blow your protagonist’s nose with a tissue, not a Kleenex.

Many generic-sounding words and phrases are actually trademarked brand names. Some are so common that it can be difficult to tell the difference without looking them up. And the list continually grows, as terms like Netflix and Google are used more generically (e.g. I google my name at least once a week).

Trademarked words aren’t off-limits for writers, but be sure to use them correctly—double-check the spelling, use proper capitalization and refrain from writing out specific product names when you’re using it as a generalized term. And if you want to know which words are legally restricted, you can visit the International Trademark Association (inta.org). They offer an updated (though not complete) list of most trademarked words and phrases.

Several words on INTA’s list that aren’t obvious trademarks include:

Trademark Generic term

Bubble Wrap        (cellular cushioning packaging material)
Cheez Whiz          (processed cheese spread)
Cineplex              (multi-auditorium movie theaters)
Crock-Pot            (electric cooking appliance)
Febreze               (fabric deodorizer)
Frisbee                (toy flying saucer)
Hula-Hoop           (plastic toy hoops)
Jacuzzi                (therapeutic whirlpool baths)
Jell-O                  (gelatin, pudding)
La-Z-Boy             (chairs and ottomans)
Silly Putty            (modeling clay)
Q-Tips                 (cotton swabs)
Xerox                  (photocopiers, printers, copiers, scanners)

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.

Legal Questions

Tuesday, April 15, 2008 3:37:12 PM (GMT Daylight Time, UTC+01:00)

Comments [3]

Tuesday, April 08, 2008

i.e. vs. e.g.

Q: What's the difference between "i.e." and "e.g."? I thought they were interchangeable, but I was told that this isn't the case. Can you please explain?—Claire Collord

A: I used to have the most difficult time remembering this rule. After all, both of these terms are derived from Latin and I didn't take Latin in school—I opted for the Spanish class that was taught by an exceptionally attractive maestra (which may have explained the C-). But with a little help from a college friend, I was able to burn the i.e./e.g. grammatical law into my brain once and for all.
The rough translation is as follows:

i.e. means "that is." (id est)
e.g. means "for example." (exempli gratia)

The difference here is that i.e. is exclusive while e.g. is a sample. They are not interchangeable because they change the meaning of the sentence. And if you substitute in the definitions, it'll help you determine which letter-combination you need.

Let's take these examples:

I like summer sports (e.g., baseball, softball, ultimate Frisbee). The sports mentioned (baseball, softball, ultimate Frisbee) represent a few of the summer sports that I like, but aren't the only ones I enjoy (I also like fishing, sand volleyball and golf). I'm just offering some examples. If you read this sentence as "I like summer sports (for example, baseball, softball, ultimate Frisbee)" you see what I mean. So the correct choice is e.g.

On the other hand, Sophie likes winter sports, i.e., skiing and hockey. This sentence indicates that Sophie likes the specific winter sports skiing and hockey, but not necessarily any other winter sports. You can read this sentence: Sophie likes winter sports, that is, skiing and hockey. So the choice here is i.e.

To burn these definitions into your memory and help remind you which letter-abbreviation pairs with which definition, you can follow this mnemonic device a college friend once taught me: i.e. is "in essence" while e.g. is "eggs sample."

"Eggs sample" may make me laugh each time I think about it, but I never forget the rule.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.

Grammar

Tuesday, April 08, 2008 8:20:42 PM (GMT Daylight Time, UTC+01:00)

Comments [8]

Tuesday, April 01, 2008

Getting Out of Book Blurbs

Q: How do I get out of writing a blurb for a friend's not-so-good self-published book?—Anonymous

A: Friends are always asking for favors—May I borrow your leaf blower? Will you watch my dog? Do you mind if I tell the police that we were together last Thursday just past midnight?

As a writer, you're susceptible to getting asked writerly favors from writerly friends, and often it puts you in an awkward predicament, just like when a friend asks you to write a blurb for his boring, poorly edited self-published book. You can't just flat-out say no—after all, it's a friend. But you obviously can't offer an endorsement to a book that isn't up to par, either.

What's a writer to do?

Thankfully, I've come up with a foolproof, 100% guaranteed-to-work "Guide to Getting Out of Book Blurbs" which provides five excellent options:

1. Fake an away message. Every time your friend e-mails the request, quickly send a response that says something like, "Thanks for your e-mail. I will be out of the country for an extended period of time and, unfortunately, they don't have the Internet in Zimbabwe."

2. Explain that you don't believe in book blurbs, but you're willing to take a picture of your hand giving the thumbs up.

3. Ask for outrageous favors in return. "Funny you should call looking for a book blurb, as I'm in a bit of a pickle myself. I need someone to act as a tackling dummy to help train my pet tiger. He keeps gnawing off arms. You free Friday?"

4. Offer to write it, but only under your pseudonym: Don Rita Thisbook.

5. Break your hand. (Just seeing how far you will go to get out of this—and if it's come down to option #5, that book must be bad.)

Of course, I hope you know I am kidding.

In all seriousness, the best way to politely turn down a friend's request for a book blurb on a not-so-good book is to be honest. Tell them you appreciate the thought, but you're uncomfortable being put in that situation. If they persist, explain your reservations about the book as nicely as you can. They shouldn't get mad. After all, if you had a friend who was an accountant and you asked him to sign off on your self-prepared tax return, he wouldn't do so unless he was comfortable with the numbers. You're a professional, too. Be sure to be treated like one.

But I suggest getting your leaf blower back first.

(Happy April Fools' Day!)

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.

Ethics

Tuesday, April 01, 2008 8:21:13 PM (GMT Daylight Time, UTC+01:00)

Comments [5]

Tuesday, March 25, 2008

Conflict of Interest

Q: I volunteer for several organizations that have newsworthy projects. I’d like to write news articles (not press releases) about them for our town’s independent newspaper. Can I sell an article that has to do with a group I’m involved in, even if the organization isn’t paying me?—Lisa Angle

A: Conflict of interest is scary to any media outlet. It can ruin credibility—the key element to the media’s survival. If people can’t trust you to present the news without bias, they won’t read your work. And newspapers and magazines won’t buy it.

You can try to sell an article that has to do with your organization, but you’re obligated to disclose all your ties with the publisher and, more important, the reader. What happens if you don’t? You lose your credibility and, ultimately, harm the news-paper or magazine that printed your work.

A couple of years ago, popular political columnist Armstrong Williams got himself into a big mess (to say it politely) when it was revealed that he’d accepted money from the “No Child Left Behind” pundits to push their agenda in his columns. He never mentioned it to his publisher or readers and, as the news leaked, his credibility disappeared faster than Hanna Montana concert tickets.

So be upfront with your readers and let them decide how much of your information they can trust.

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at WritersDig@fwpubs.com with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.

Dealing with Editors | Ethics

Tuesday, March 25, 2008 2:20:09 PM (GMT Standard Time, UTC+00:00)

Comments [3]

Tuesday, March 18, 2008

When Should You Send Holiday-Themed Queries?

Q: I’d like to publish some holiday stories in magazines. I know magazines typically work on issues months in advance, so if I wanted to submit a proposal for a Christmas-themed story, when should I send it?—Cheryl Heil

A: All magazines work on different timetables—some work three months in advance, while others map out an entire year’s worth of articles in January. Market books, like Writer’s Market, have listings for most magazines that include the average length of time between manuscript acceptance and when it actually gets printed.

No matter what timeframe a magazine’s guidelines give you, always query a month or two before the suggested date to give the editors time to consider, fine-tune and accept your idea. For example, Sports Illustrated for Kids states that it publishes manuscripts an average of three months after acceptance. If you’re looking to write “Elves in the Outfield,” it’s best to query in August or September for the December issue. Some magazines, like The Saturday Evening Post, actually request that you send seasonal material one year in advance, so you really have to plan ahead.

And when in complete doubt, just submit your idea when your query letter has been perfected. It’s better to be too early than too late.

Publishing | Query Letters

Tuesday, March 18, 2008 1:19:35 PM (GMT Standard Time, UTC+00:00)

Comments [1]

Tuesday, March 11, 2008

When to Use a Prologue

Q: When should a prologue be used? Is there a difference between prologues for fiction and nonfiction?
—Sonya Ryan

A: A prologue is used when material that you want to include in the opening is out of time sequence with the rest of the story. For example, let’s say you’re writing a book about a woman getting married. While your story focuses on the year leading up to the big day, there’s a funny anecdote from her childhood about her idea of the perfect wedding that foreshadows the actual event. Because this section is seen from her perspective as a child, it’s out of sequence with the rest of the book—which is shown from an adult’s perspective—and might work better as a prologue.

You can use a prologue in fiction and nonfiction, but it’s used only to explain key information that doesn’t follow the time flow of the rest of your book. So if your “prologue” doesn’t fit this criterion, either cut it or change it to Chapter 1.

Formatting

Tuesday, March 11, 2008 3:04:36 PM (GMT Standard Time, UTC+00:00)

Comments [3]

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