Publishing A-Z

Checked Your Copyright Lately?

Have you checked your copyright lately? I mean, have you actually gone to the US Copyright Office website and searched for your registration? You might be surprised at what you won’t find. Here is the link to start your search.

Most publishing contracts have a clause that requires the publisher to register the copyright, in the name of the author, with the US Copyright Office. This is supposed to be done as part of the in-house paperwork process. In addition, indie authors tend to forget this step to protect their work.

If you do not find your book, don’t panic.

I repeat. If you do not find your book title, don’t panic. The copyright law is very specific that your work is still protected by the law. However, having it officially registered guarantees your protection. If someone steals your story, your characters, etc., you have to be able to prove when you wrote it originally. That provenance is the key to your protection of your intellectual property.

If you are a published author and you do not find your work registered, contact your publisher in a kind voice and request that they comply with the requirements of your contract on this issue. Some may even have a copy of the certificate of registration on file that they can send you.

Don’t assume, if you can’t find it online, that your publisher failed. It may be that you didn’t do the search correctly. (Never underestimate the power of user error.) Or maybe the title or your name was misspelled in the registration process. That is why it is important to stay calm and make a reasonable request for help from your publisher. Your agent cannot do this for you since you are the copyright holder; the agent is not.

So, if copyright is automatic upon creation, then why check for your registration? The government’s site FAQ has some great answers to that question:

  • Copyright registration establishes a public record of the copyright claim.
  • Before an infringement suit may be filed in court, copyright registration is necessary for works of US origin.
  • If made before or within five years of publication, copyright registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
  • If copyright registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • Copyright registration allows the owner of the copyright to record the registration with the US Customs Service for protection against the importation of infringing copies.

In the past I made the mistake of telling people that you can just mail yourself a copy of your manuscript (and not open it) to let the postmark be “evidence” of the date of creation. This is also known as “poor man’s copyright.” Unfortunately, there is nothing in the law that says this is sufficient. Use the online registration service and pay the $35 fee if you wish to register your material yourself.

By the way, try not to be tempted to copyright your work before sending it to agents or showing it to editors. This could create some duplication of records if the book is traditionally published. For a more complete understanding, take Sally Stuart’s class for only $6 at The Christian Writers Institute (course link here).

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Amazon Rank Obsession

Admit it. You’ve checked your Amazon.com sales ranking at least once since your book was published. You feel the need to have some outside confirmation of the sales of your book. And Amazon’s ranking are free to look at.

I’ve even seen book  proposals where the author has gone to great lengths to include the Amazon ranking for each title that is competitive with the one the author is proposing. A prodigious amount of wasted effort.

Publishers rarely pay attention to Amazon rankings unless yours gets below 1,000 or if you get in the top 100.

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Our Rapidly Changing Culture

Every year Beloit College creates a “Mindset List” which reflects the culture that the incoming Freshman class have grown up experiencing. It helps their faculty know how to relate to these incoming students. Click here for this year’s Mindset List.

I download this list every year and read it with increasing wonder at the speed of our cultural changes.

The college graduating class of 2014 was born in 1992. Think about that for a second. If you are a writer, you can no longer assume that your audience will understand your cultural references. In a mere six years, today’s 18-year-olds will be adults…possibly with families and jobs and children…they will be reading your books and articles.

And you will only be six years older than you are now.

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P is for Preemptive Offer

It can be exciting if more than one publisher is interested in your book. The publishers gather their calculators and prepare to make their offers on the book. Depending on how many publishers are involved in the bidding process (we’ve had as many as nine at once for a property) …

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A is for Auction

When an agent has a client who is wanting to shop for the best deal available from publishers or if there is a particular project that is bound to garner significant interest from more than one publisher, the agent can hold what it called an auction. Or if a project …

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I is for ISBN

by Steve Laube 978-0-310-32533-8 978-0-7814-1042-7 978-1-61626-639-4 No, these are not the plays being called by a quarterback during a football game. They are the ISBN numbers on the back of three different books by three different clients. Kudos to the first person to identify the three titles in the comments …

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L is for Libel

by Steve Laube

 To libel someone is to injure a person’s reputation via the written word (slander is for the spoken word). I wrote recently about Indemnification but only touched on this topic. Let’s try to unpack it a little further today.

First, be aware that the laws that define defamation vary from state to state, however there are some commonly accepted guidelines. Anyone can claim to have been “defamed,” but to prove it they usually have to show that the written statement is all four of the following: 1) published 2) false 3) injurious 4) unprivileged.

The first is obvious. Posting something on Twitter or Facebook is “published.” And yet two weeks ago a Federal judge ruled that a blogger has the same defamation protection as a journalist. (Read the article here.)

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J is for Just-in-Time

by Steve Laube

The economics of bookselling are complex and ever changing. There is a method of inventory control called “Just-in-Time” (or JIT) that has revolutionized both the retail and manufacturing industries.

When I began as a bookseller there was no such thing as computerized inventory, at least not in the Christian bookstore business. We used a method call “Stack ‘em high and watch ‘em fly.” Because “If you stack ‘em low, they won’t go.” The idea was to merchandise large amounts of inventory because there was no quick way to replenish your stock if you ran out.

We had sheets of paper with a list of “Never Out” titles in books and music. Weekly we would physically count the remaining stock and if our inventory on a title fell below a particular level we would order more. This was our attempt to time our inventory to match the consumer demand. Titles not on the list would be reordered when that publisher’s sales rep came to visit. The rep would inventory the store and together we would determine what titles to replenish and which ones to let disappear.

Technology Caused Disruption
Computerization changed everything. Using an algorithm the computer determined the speed, or rate, of sale for each title and created order quantities to match the projected demand. This was called “Just-in-Time.” The inventory would arrive just in time to meet the customer wanting that book.

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I is for Indemnification

by Steve Laube

Publishing is not without risks. Plagiarism, fraud, and libel by an author are real possibilities. Thus within a book contract is a legal clause called indemnification inserted to protect the publisher from your antics.

The indemnification clause, in essence, says that if someone sues your publisher because of your book, claiming something like libel (defamation) or plagiarism etc., your publisher can make you pay the fees to compensate for their losses. This is to “indemnify” which is defined as “to compensate (someone) for harm or loss.” Bottom line: The publisher has the right to hire its own attorneys (at the author’s expense) to defend against these claims.

Doesn’t sound like a happy clause does it? But you can understand why it is there. This clause and the Warranty clause are notoriously difficult to negotiate. (The Warranty clause is where the things the author guarantees or warrants are listed; i.e. the book is original, it is not libelous in content, etc. This clause will be more fully covered by me at another time) The language has been written by the publisher’s attorneys and are usually set in stone.

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H is for Hybrid

by Steve Laube

To state the obvious, the publishing industry has changed rather dramatically in the last few years. The possibility for a writer to inexpensively produce their own books (in e-book form) has shifted the sands. In addition the economic challenges facing the brick-and-mortar bookstore has reduced the amount of shelf-space available to launch a new book via traditional methods. It appears to be an either or choice: go Indie or go Traditional. But there is a third way, the way of the “hybrid author.”

The hybrid author is one who chooses to follow both the Traditional and the Indie routes. Thus the hybrid moniker. They are neither one nor the other, they are both. And just like the hybrid car that is a mix of both gas and electric, the circumstances dictate which form of transportation their words use to reach the public.

Our agency has a number of hybrid authors. These authors continue to have flourishing relationships with their traditional publisher and are receiving new contracts all the time. But at the same time they have certain books that they publish on their own. They are very entrepreneurial and work tirelessly self-promoting their Indie books but also work tirelessly to promote their traditional ones. Some have extremely modest Indie sales and others are quite pleased with the revenue their Indie books produce. The range of sales is rather dramatic, everything from an author who has sold less than 60 of their Indie e-books to another who is in the five figures in Indie ebooks sold. However, each of these hybrid authors continues to maintain a presence in the traditional market as well.

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