Writer's Digest Questions and Quandaries

How Do You Regain Copyrights to Pieces You've Sold?
Q: About 20 years ago, I sold a short story to a magazine. One line in my contract stated the payment was for “full rights” and another said, “On acceptance of this payment, the author transfers the copyright interest to … .” Does this mean I can’t sell the story ever again, even as a reprint? What if the magazine is no longer published?—P.A.‑Humphrey

A: Selling full rights to your work is like selling your car—once the contract is signed, you have no rights to the piece and can’t sell it again. Works created 20 years ago are protected for the life of the author plus 70 years, so the new owner has that copyright protection.

According to our legal expert Amy Cook, even if a magazine is defunct, someone, somewhere, still owns the copyright to your piece. If you want to sell that article again, you’ll need to get the rights back.

“Even if the company went out of business, copyrights are assets that can be bought and sold; they don’t just disappear,” Cook says. “However, if you can find out who currently controls the copyright, that person may be perfectly willing to transfer the rights back to you.”

Cook also notes that there’s a  little-known loophole in the Copyright Act that says authors may terminate their copyright grants after 35 years (though it doesn’t apply to works-for-hire or copyrights transferred in wills). But this loophole still requires you to contact the existing copyright holder and inform her that you’re exercising the clause. It’s important to put it in writing. And if you’re doing this, I suggest consulting a lawyer first.

Your other option is to change the story to make it a new work. There’s no real formula when it comes to creating a new piece out of old material. It’s important to know that you can use the same idea, but the work can’t be “substantially similar” to the original piece. How similar is “substantially similar”? That’s up to the judge—if it ever comes to that.

Brian A. Klems is the online community 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 28, 2009 2:28:30 PM (GMT Daylight Time, UTC+01:00)

Comments [2]

Tuesday, July 14, 2009

The Difference Between Authorized and Unauthorized Biographies
Q: I'm considering writing a biography about someone relatively famous in my hometown. I've noticed that biographies fall into one of two categories: authorized and unauthorized. What's the difference?

A: The difference between an authorized biography and an unauthorized biography is this: An authorized biography is written with the help/cooperation of the person whom the book is about and an unauthorized biography is not.

In an authorized biography, the author typically holds interviews with the subject of the book, the subject's family members and friends, co-workers, etc. The author is privy to information only attainable from the subject of the book. So, let's say you wanted to write Brian A. Klems: Man, Writer, Softball Champion and wanted it to be an authorized biography. You'd contact me and ask for my blessing and cooperation, getting as much information as you can directly from me (and those around me). If I were deceased (yikes!), you'd need the blessing of my estate. Also, depending on level of involvement, sometimes the subject will get a shared byline and possibly a share of the book's revenue. Issues like that can—and should—be addressed before the book is started.

On the flip side, if you call for my help and I tell you to buzz off, you have two options: 1) to actually buzz off or 2) to go ahead and write the biography anyway without my help. Here you'll have to gather info on your own from public records and other resources, but you won't have to make any professional compromises or financial concessions.

Before you write any biography, authorized or not, I recommend reading the article "Publication Of An Unauthorized Biography" by Lloyd L. Rich. He offers up an excellent breakdown of the potential legal ramifications, what they mean and how to avoid them.

Brian A. Klems is the online community 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.

Autobiography Writing

Tuesday, July 14, 2009 3:43:50 PM (GMT Daylight Time, UTC+01:00)

Comments [0]

Tuesday, July 07, 2009

U.S. vs. Canadian Formatting
Q: I've been bouncing some ideas for comedy TV scripts, so I bought a script-formatting book. The book is published in the U.S and I live in Canada. I was wondering if formatting rules are any different between the U.S and Canada. And what is the best formatting program to use? Thanks for the help. —Jennifer Hansford

A: This is a great question—so great, in fact, that I found myself completely stumped. After all, I don't know anyone who's submitted (or considered submitting) to a Canadian outlet. Luckily, I know people who know people. And those people often help make me look smart.

I summoned the help of WD resident scriptwriting expert, Script Notes' Chad Gervich. He contacted Alex Epstein, a Canadian screenwriter who has created shows for TV networks in both the U.S. and Canada and has written the book Crafty Screenwriting: Writing Movies That Get Made. He also runs the popular scriptwriting blog Complications Ensue.

According to Epstein, there are no differences between U.S. and Canadian formats. He also says that Canadian scriptwriters use the same programs as their American counterparts, such as Final Draft, Movie Magic Screenwriter, ScriptThing, etc. So when writing your script, stick to the standard formats found in scriptwriting books (and software).

Thanks to both Chad and Alex for their help—and for making me look smarter than I am.

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 | Scriptwriting

Tuesday, July 07, 2009 8:37:44 PM (GMT Daylight Time, UTC+01:00)

Comments [0]

Google Sponsored Links