# Tuesday, August 18, 2009
UPDATED: Can You Write the Sequel to Someone Else's Book?
NOTE TO READERS: AFTER WRITING THIS Q&Q I READ A COPYRIGHT LAW THAT DIDN'T JIVE WITH MY ANSWER, SO I CONTACTED AN ATTORNEY TO SET THINGS STRAIGHT. GLAD I DID, BECAUSE I WAS OFF. AFTER SOME DIGGING WE FOUND THAT THE GREAT GATSBY WILL ENTER THE PUBLIC DOMAIN IN 2020, NOT 2010 AS I ORIGINALLY STATED. I'VE UPDATED THE ANSWER BELOW.

Q: Do I need permission to write a sequel to a famous book (in my case, The Great Gatsby) or can I just write and sell it? —Becky B.


Q: For all books that fall under copyright protection, yes, you need to be granted permission by the copyright holder. The holder is typically the author, the author's family or the publisher of the book. Without attaining the rights, you can't sell/publish a sequel. Period.

(Wow, did I just pull out the single-word sentence for emphasis? I certainly did, so I must be serious!)

That's the bad news. The good news for all who want to write sequels to their favorite books is that thousands of old books have had their copyrights expire. It's why Gregory Maguire had no problem peeling away at The Wizard of Oz (public domain since 1956) to produce Wicked and Son of a Witch. And John Gardner didn't need permission from anyone to write his Beowulf interpretation, Grendel (public domain since, well, before any of us were born).

To know when a copyright expires, you need to understand the rules established by the U.S. Copyright Office (which are very confusing, so I’ll try to sum up). Last I checked, work created before January 1, 1978, has a copyright life of 95 years from publication or 120 years from the work’s creation—whichever comes first. If it were published in 1978 or after, and the author is named and registers with the copyright office (whether it’s his real name or a pseudonym), the copyright term for the work is the author’s life plus 70 years.

Now, onto your real conundrum: Is The Great Gatsby part of the public domain? Gatsby was penned by F. Scott Fitzgerald and published in 1925. Because it was published before  that magical year of 1978, the copyright won’t expire until 95 years after it was published. And, if my math is correct (which it usually isn’t, so I double-checked with my friendly solar-powered calculator), The Great Gatsby will become part of the public domain in 2020. So you’ll have to hold off a few more years to sell your sequel.

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@fwmedia.com with “Q&Q” in the subject line.

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Copyrights | Legal Questions | Publishing
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Tuesday, August 18, 2009 2:01:24 PM (GMT Daylight Time, UTC+01:00)  #  Comments [3] 
# Tuesday, August 11, 2009
What is a Kill Fee?
Q: I got a contract for a magazine story that I’m writing, and it makes reference to a "kill fee." What is a kill fee and why would a publisher and/or writer use one?—Frank

A: A kill fee what you get if your editor decides not to buy your story after all. For example, say you were contracted to write “Don’t Squash ‘em,” a story about spiders for the National Bug Lovers Magazine. The editor agreed to pay you $1,000 for the piece. You send in the completed work, and the editor reads it over but feels your depiction of the little critters is too far off base for the message of the magazine. He also determines that a revise or edit won’t fix the problems with the piece. You, on the other hand, have done a lot of the work and feel you deserve to get your check. This is where the kill fee comes into play.

Most contracts will state a percentage the editor will pay you if the story doesn’t run (Writer’s Digest pays 25% of the original agreed-upon amount). Once your story is officially killed, all rights to your piece revert back to you and you can try to sell it somewhere else. Maybe Insect Today will love your story.

There are any number of reasons why an article will get killed—it doesn’t fit the editorial focus of the magazine, something changes in the world and it negates the timeliness of the article, etc. Don’t take it personally. But go back and look at the original agreement and any comments the editor has supplied, and see what you can learn from the experience.

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.


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Tuesday, August 11, 2009 6:47:10 PM (GMT Daylight Time, UTC+01:00)  #  Comments [0] 
# Tuesday, August 04, 2009
Are Men Writing Romance?
Q: I notice that there are very few male authors or stories written from the male point of view in Romance novels. Could this be because most editors or publishers in this genre are women? The best romance novel ever written, in my opinion, was "LOVE STORY," and a male wrote it from a male point of view. Why aren’t there more?”—Jim

A: There often seems to be a misconception that romance reading (and writing) is reserved for women-only, but that couldn't be further from the truth. Men are not only welcome to enjoy the genre, they are also currently writing some of the most popular romance novels to date—though you may not realize it.

"There are a lot more men writing romance than it would appear because we all have to be published under a feminine, or feminine sounding, pseudonym," says Harold Lowry, multi-published romance author and Past President of RWA. "I say 'we' because I’ve published 46 books under the name Leigh Greenwood. Probably as a result of my longevity and visibility, my publisher puts my picture in the back of my books so that my readers know I’m a man. Because my sales have never suffered, I think it’s safe to say readers are interested in a good book and won’t be scared away by the gender of the writer."

It is true that the majority of folks reading romance novels are women. According to the 2009 Romance Writers of America Reader Survey, women make up 90.5 percent of the romance readership, with men holding down the other 9.5 percent. But even while readership leans heavily toward women and, on the outside, romance writing may look like a women's-only sport, the truth is the genre is very much co-ed. Like any other category of writing, great romance fiction is written (and sold) by both women and men.
One of the most successful writers in the early years of romantic fiction was Tom Huff, who wrote under the pseudonym of Jennifer Wilde. There's also Vince Brach (Fran Vincent), Mike Hinkemeyer (Vanessa Royall) and—well, you get the point.

As for the issue of few romance novels written from the male point of view, Lowry took great issue with that statement.

"Because a romance involves a man and a woman, each character participates in the development of the romance and the resolution of the conflicts. I don’t recall having read a romance – and I’ve read over a thousand – where only the female point of view was used," Lowry says. "The male protagonists often have as many conflicts to resolve as the female protagonists.  This requires the writer to use both points of view in order to resolve all the issues in the book. Many times a book may seem to be one protagonist’s story more than the other – this has happened in several of my books – but the book still ends up being divided almost equally between the two points of view."

So there you have it. While the road for men may be a little bumpier in their quest to write and sell fiction than it is for women, the road is there. And like with all genres, great writing will win out—no matter who writes it.

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.

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Publishing | Romance Writing
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Tuesday, August 04, 2009 3:00:15 PM (GMT Daylight Time, UTC+01:00)  #  Comments [4] 
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