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 Tuesday, July 08, 2008
Quotes Within Quotes
Q: When should I use single quotes instead of double quotes?—John BatsonA: Double quotation marks signify the exact words of someone else speaking in your writing. Single quotation marks come into play when the person you’re quoting quotes someone or something else. Look at this example: “I’m irritated with Dad right now,” said my sister. “Last week he said to me, ‘Jennie, if you don’t wash your own clothes, I’m going to start throwing them in the backyard.’ Last night I found my favorite shirt hanging from the bird-feeder.”
The writer is quoting his sister, Jennie. She gets the double quote marks credited to her speech. But while Jennie is talking, she quotes her dad. His words (which she’s reciting) get the single marks. As sentences become more complicated with multiple quotes, the rule is to alternate between double and single marks. “I talked to Mom last night and she said, ‘I agree with your father. And when he says, “I’m going to throw your clothes in the backyard,” he means it.’ This is laundry war!”
So use single quotes only inside double quotes. And you can quote me on that—as long as you use the correct set of marks. 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, July 08, 2008 7:19:38 PM (GMT Daylight Time, UTC+01:00)
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 Tuesday, July 01, 2008
What's Considered Fair Use and What Isn't?
Q: Is it necessary to ask permission to reprint an article if the reprint is used in a strictly academic setting?—AnonymousA: Title 17, Chapter 1, Section 107 of the U.S. code states that “the fair use of a copyrighted work, including such use by reproduction in copies … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research, is not an infringement of copyright.” But not all material is protected for your free use. There are provisions, and our legal expert Amy Cook says the writer must weigh some factors before considering the work fair game. “If an article on a hot issue was published, and you distribute it to a large class without permission—ostensibly to examine the writing style—those students wouldn’t go buy the magazine,” Cook says, and the magazine would lose sales. “You can’t destroy the market value for the original.” Courts also take into account whether the original work is more factual (which more readily falls into a fair use) or if it’s more creative (less likely to be a fair use). The amount and substantiality of the portion used in relation to the copyrighted work can come into question, too; so taking an entire article is risky. “The bottom line is that writers or users should take only the smallest amount they need to comment on it,” she says. “The mere fact that it’s an academic use doesn’t automatically protect you. If in doubt, simply get permission.” 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. Copyrights | Legal Questions
Tuesday, July 01, 2008 4:33:10 PM (GMT Daylight Time, UTC+01:00)
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 Tuesday, June 24, 2008
What Are First Serial Rights (or FNASR)?
Q: When working out a contract with a magazine, what are first serial rights?—Anonymous A: When you sell first serial rights to a newspaper, magazine or periodical for a piece of work you’ve written, that media outlet has the right to be the first place to publish the article/story/ poem. After the piece runs, you’re free to resell it to another medium or to package a collection of your work into a book. Rights can be sold geographic-ally, as well. It’s not uncommon to see article submissions with “offering first North American serial rights (FNASR)” written in the top, right corner of the first page. This limits the buyer’s rights and gives you the opportunity to sell the article in other locations outside the U.S. and Canada—such as England, Russia or Madagascar. Reprints of your work that previously appeared in another publication are considered second serial rights. These rights are nonexclusive, meaning the author can sell the piece to many publications at the same time. In the online world, you can sell the electronic rights to your piece. These rights aren’t as clear. While they cover most of the same rules as first serial rights, the ever-evolving technology can cause some discrepancies between yourself and the publisher—like whether it can archive your work, place it in a database and let young punks download it to their PCs. This process is the least defined, and you may want to specify each right you license to the buyer. Other rights to consider are simultaneous rights (giving you the ability to sell work to publications that don’t have overlapping circulations) and all rights (which means you sell all the rights to your work to the buyer, and you never get another dime for the piece, no matter how many times they publish it). And remember, it never hurts to have someone familiar with freelancer contracts glance over your contract before you sign. 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 | Copyrights | Dealing with Editors | Legal Questions
Tuesday, June 24, 2008 8:20:28 PM (GMT Daylight Time, UTC+01:00)
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 Tuesday, June 17, 2008
Are Agents Stealing My Stamps?
Q: Do agents steam off the stamps on self-addressed, stamped envelopes (SASEs) and resell them? The agents demand pages, SASEs, that sort of thing, but—and I know this sounds cynical—many of my queries disappear. In this age, why should we need to use what they call “snail mail” for queries and why do agents never answer?—Don BallewA: Of course agents don’t steam off stamps from SASEs and resell them. They steam them off and use the stamps themselves. (Hopefully you know I'm J/K, which is "just kidding" in Internet speak.) Actually, they don’t steam off anything (as far as I know), and really do try to respond. To gain further insight on the matter, I called Donald Maass, president of Donald Maass Literary Agency. He represents more than 100 fiction writers. “If you’re certain that you wrote to the agent’s current address and the SASE had sufficient postage, then you can conclude one of three things,” he says. “Either the agent is rude, the agent is busy or the agent just isn’t interested.” Now, I doubt that agents try to ignore you, as their profession and income are based on finding great writing. With the mounds of submissions they continually receive, they probably don’t have time to respond to everyone (though that would be nice). And they do try to respond, but it's easy for queries to get lost in the shuffle. “Snail mail” is still a viable form of submitting your query, though e-mail has really become increasingly popular in the last couple of years. There is one ultimate problem with e-mail: All that hard work goes down the drain if the editor accidentally labeled your e-mail address as spam and you’re officially blocked from the system. So it's best to follow the agent's guidelines (which can typically be found online) when deciding whether to send it by the postal service or electronically. But when in doubt, you can always send a hard copy. After all, they are easier for agents to carry around and read while traveling, eating lunch or steaming off stamps. 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. Query Letters
Tuesday, June 17, 2008 4:16:53 PM (GMT Daylight Time, UTC+01:00)
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 Tuesday, June 10, 2008
What Should I Charge to Ghostwrite a Book?
Q: A friend approached me about writing her memoir. I don't know how to charge for it, especially since I have no idea how much material I'll have to work with and, therefore, how long it might be. Also, I know I want to share credit, on the one in a million chance that the client gets it published and the book becomes a bestseller. What should I charge? Should I assure a minimum number of pages? What guidelines do you suggest? —Tamara KortA: According to guidelines set forth in the 2008 Writer's Market, ghostwriters charge anywhere from $50-100 per hour for "as told to" projects and $30-115 per hour for no credit pieces. “As-told-to” ghostwriting often nets you less money per hour because you get other benefits—such as a byline, an advance and a split of the royalties (up to 50 percent). But if you're willing to skip the byline and future earnings, you can act as a work-for-hire ghostwriter and charge more on the front end. "Whatever is negotiated needs to be done, agreed upon, on paper and signed before work commences (or continues--if already started)," says Robert Brewer, editor of Writer's Market. "Included should be an estimate on the amount of time or pages expected; how many re-writes/revisions are expected; what constitutes a finished product; how and when payment will be made; and conditions under which the price might escalate." If charging by the hour makes you (or your counterpart) nervous ( Hey, I know I said to write about my first time at Yankee Stadium, but I'm not paying for the three hours you spent catching a game in the bleachers no matter how much 'ambiance' it added to the writing)—you can simplify it by charging per page. When translating hourly rates to pages, it comes out to $4-$25. I know that seems like a large range, but, like with any contracting job, the more experience and success you have, the more you can justify charging a higher price. Realistically, the best bet for your first time ghostwriting is probably to negotiate a specific page count and price per page, so both you and your counterpart know the total amount that will exchange hands when the book is finished. (Negotiate royalties separately). As you become more comfortable with the process, you can adjust accordingly. 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 | Ghostwriting
Tuesday, June 10, 2008 8:54:01 PM (GMT Daylight Time, UTC+01:00)
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 Thursday, May 29, 2008
Live From LA: Questions from the Writer's Conference
Yesterday was the annual BEA/Writer's Digest Books Writer's Conference, and I was fortunate to be a panelist on the popular Ask the Editors session. The organizer, GLA editor Chuck Sambuchino, told me it was for my in-depth knowledge of the submission and editing processes and my familiarity with inexpensive ways to self-market work, but I think that was just fancy talk for "Brian, you're so good-looking and we need a little eye candy up there for the ladies." No, I promise you, I have not been drinking. Others on the panel included such brilliant minds as WD Books Editorial Director Jane Friedman, WD Books Editor Lauren Mosko and Writer's Market Editor (and Poetic Asides blogger) Robert Lee Brewer. Together, we fielded a number of great questions, but one struck me as very unusual and I thought I'd share. An audience member said that she had read/been advised that her book proposal should include a mention of any personal finances the author planned to use to promote her book, but only if that dollar figure topped $10,000. Her question was, "Is this true?" The question caught me off guard—mainly because I've never heard this before. While it's definitely smart to provide any information about your self-promotional plans, it doesn't seem wise to place a dollar figure on what you're willing to spend of your own money to promote your work. And it certainly doesn't make sense (to me) to put it in writing. There's no doubt that offering to spend your own money would be a selling point to publishers; after all, what employer wouldn't be thrilled by an employee that pays for the privilege of making them money. But it's a slippery slope that could lead to publishers demanding writers to spend their own money, which would put a big chunk of writers who live paycheck-to-paycheck at a permanent disadvantage. Robert also made a great point: What happens when you commit $10,000 of your own money but only can drum up a $5,000 advance? Now I'm no math whiz, but by my calculation you'd be out $5,000 up front with no guarantee you'd ever see that money again. Both Jane and Lauren agreed that it doesn't seem sensible to make that promise, especially when you don't know what the economic times will be like come publication time. Now this doesn't mean that you shouldn't invest in your book—and yourself—after you get the book contract. But without putting it in writing you give yourself flexibility. ps- For more highlights and pictures from the conference, check out Chuck's GLA Blog. 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. Publishing | Query Letters
Thursday, May 29, 2008 6:57:11 PM (GMT Daylight Time, UTC+01:00)
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 Tuesday, May 20, 2008
Can You Copyright a Pseudonym?
Q: Do I need to get a copyright for a pseudonym, or will a copyright for the book under my chosen pen name be sufficient?—Al de Araujo A: The name H.G. Wells isn’t copyrighted. Neither is Michael Crichton. Why? Under U.S. law you can’t copyright a name, real or fictitious. Copyrights protect authorship, such as short stories, poems or novels. You can register a manuscript under a pen name at the copyright office ( www.copyright.gov ). You’ll have to provide some information, including your real address. But if you really want to keep your true identity under wraps, set up a post office box and have information from the office sent there. It’s important to get your pen name on record so the Copyright Office can acknowledge the proper life span of the copyright. Work created by authors not identified by the Copyright Office have a copyright life of only 95 years from publication or 120 years from the work’s creation—whichever comes first. If a writer identifies herself to the copyright office and registers her pen name, the copyright term for the work is the author’s life plus 70 years. Which means if I get hit by a bus tomorrow my work is still protected until 2078. It’s also important to check with the office first and do online searches to avoid using names of real people or names that have already been taken by other authors. While you can’t copyright a name, you can get sued for identity theft. Also, publishers can get pretty angry if you try to pass yourself off as someone famous like J.K. Rowling or Dean Koontz. Stick with something unique. 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. Copyrights | Legal Questions
Tuesday, May 20, 2008 3:59:25 PM (GMT Daylight Time, UTC+01:00)
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 Tuesday, May 13, 2008
Can I Use Song Lyrics in my Manuscript?
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 YoungbloodA: 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)
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 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. RhodenA: 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)
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 Tuesday, April 29, 2008
Why Do Authors Use Pseudonyms?
Q: Why do authors use pseudonyms?—AnonymousA: 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)
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