Writer's Digest Questions and Quandaries

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

5/29/2008 1:57:11 PM (Eastern Daylight Time, UTC-04:00)

Comments [2]

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

5/20/2008 10:59:25 AM (Eastern Daylight Time, UTC-04:00)

Comments [3]

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 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

5/13/2008 1:01:33 PM (Eastern Daylight Time, UTC-04:00)

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

5/6/2008 3:05:15 PM (Eastern Daylight Time, UTC-04:00)

Comments [3]