# Tuesday, February 24, 2009
Is It OK to Write a Fictional Story About a Historical Character?
Q: Is it OK to write a fictional story about a historical character like Paul Revere or John Hancock? —Charles

A: The answer to that question is the same as the answer to this one: Is Brian A. Klems breathtakingly handsome? In case you hesitated, the correct answer is yes. Capital Y-E-S. (Also, when you hesitated, I died a little inside).

OK, so maybe the handsome thing is debatable, but legal use of historical characters isn't. According to WD's legal guru (and close friend) Amy Cook, writing about historical people is perfectly fine and won't put you in any legal danger.

"You can write about historical people because the two main legal areas you need to worry about when writing about real people—defamation of character and invasion of privacy—only apply to living people," Cook says. "The deceased's heirs cannot sue under those causes of action either."

Now you may occasionally come across the term "right of publicity," which famous people do continue to have after death (and is a property right owned by their heirs). However, says Cook, this usually is a concern when people use famous dead people's images or voices—that kind of thing—for commercial use, and courts have found that books are not commercial uses for right-of-publicity claims.

So there you have it, right from the lips of our legal expert. I also contacted our handsome expert, WD Editor Jessica Strawser, to help solve question number two, but she has yet to respond. I'm starting to think I should be concerned.

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, February 24, 2009 7:24:23 PM (GMT Standard Time, UTC+00:00)  #  Comments [9] 
# Tuesday, February 17, 2009
Two Pitches, One Magazine
Q: I’ve written two travel articles about two separate areas in a certain Canadian province. Should I mail them together to editors since they would go well together, or do they need to be mailed separately?—Sharon L.

A: First thing you’ll want to do is send a query letter to the editors of the paper by e-mail or mail—whichever form of communication the publication prefers, as stated in its submission guidelines. You can generally find specific guidelines for this on any magazine's (or newspaper's) website. Suggest that your two travel articles belong together, much like Rocky and Bullwinkle, and explain how they complement each other. This route gives you a better chance at selling your ideas.

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 | Query Letters
Tuesday, February 17, 2009 3:29:46 PM (GMT Standard Time, UTC+00:00)  #  Comments [0] 
# Tuesday, February 10, 2009
How Do I Copyright My Manuscript?
Q: I recently finished a novel and want to know what I can do to have it copyrighted. Is there a special process? –Sylvia R.

A: Whenever you put something in a tangible format—written on paper, typed on computer, chiseled on stone tablets—it's copyrighted and protected under U.S. copyright law. No tricks. No magic. It's as simple as that.

Of course, if someone steals your work and presents it as his own, the burden of proof falls on you to show that you created it first (and own the copyright). This, as you can image, can be tricky. To give yourself better protection you can also officially register your work with the United States Copyright Office. The downside is it'll cost you roughly $35-45 per manuscript. The upside is that if anyone steals your work, you'll not only have proof of copyright ownership, but also be able to sue for more money and damages.

Now I'm not suggesting you officially register every story you've ever written, as that can get costly—that decision is up to you. But it's certainly worth considering for any manuscript of great length and value to you.

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, February 10, 2009 6:12:47 PM (GMT Standard Time, UTC+00:00)  #  Comments [3] 
# Tuesday, February 03, 2009
Literary fiction vs. Maintstream fiction
Q: I see these two terms bandied about on almost every literary blog and Q&A: Literary fiction vs. Maintstream fiction. What are the differences between the two?–Rook V.

A: If I made a list of differences between literary and mainstream fiction, it'd look nearly identical to Janet Paszkowski's "Defining Artless Fiction: 24 Basic Differences Between Literary & Mainstream/Genre Writing," posted over at AbsoluteWrite.com. She gives a neat and straightforward breakdown. Plus, she makes my life easy as I can just link to it instead of writing out the list myself. I can even link to it under any heading I want:

The Literary vs. Mainstrearm Battle Royal
I Spelled Paszkowski Correct. Yeah Me!
Brian is So Good Looking, Just a Quick Glance at Him Makes Me Forget the Question

God I love the Internet.

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.


Formatting | Publishing
Tuesday, February 03, 2009 3:50:56 PM (GMT Standard Time, UTC+00:00)  #  Comments [4] 
Google Sponsored Links
Sponsored Links