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Avoid Publishers With Greedy Rights Clauses

Published on May 19, 2010

Avoid Publishers With Greedy Rights Clauses

I have about a contract I'm contemplating signing. The publication is in print and online, and I'll be doing blog posts initially, with the potential to do features in the future. I really want to write for this pub, but when they sent me the contract, the paragraph below scared me: "(The Publisher) will retain the copyrights to all stories, works or photographs published. (The Publisher) may at its discretion resell or republish any stories, works or photographs. (Contributor) will agree that all stories, and works of authorship, including photos, will be considered works made for hire and shall be owned exclusively by (The Publisher)." My question is this: Is it standard to deprive the writer of all copyright rights from the get-go? I'm inclined to ask for a one-year reversion clause. …

Should I Pay to Make My POD Book Returnable? NO!

Published on May 12, 2010

My first book was published by (a large POD publisher). I paid a few hundred dollars to have the book "returnable" for 2 years. I was told by (their marketing department) that bookstores would readily shelve my book if I did this. However, B&N and Borders will still not carry my book. …

I Have a Trademark! How Can That Church Use My Property?!

Published on April 28, 2010

I have a (specific term from my book title) trademarked and the word will be part of my forthcoming book's title. I recently noticed a church using my trademarked term on a project they're promoting. How do I delicately handle this? Do I gently ask them to stop? It's a church doing really good things but not in the way that I've used my book. The name has been officially trademarked and I really want them to stop using it. …

I Found My Copyrighted Material on Gather.com, Too!

Published on April 21, 2010

I found a story of mine on Gather.com - copyright infringement. I am so glad you published your article. I saw the response you received, which of, course, sounded like a run-around. I would like to be paid for my story on their site. I love your idea of invoicing. What shall I charge for a 600-word humor column? That's what was filched. …

Confusion About Damages in Copyright Statute

Published on April 14, 2010

Hi Angela Regarding this statute: (1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work. The WritersWeekly invoice to Anne Wayman stated: "We are invoicing you $750 for each week you published WritersWeekly.com's copyrighted material." You will note that the highlighted sentence reads "in a sum...", that mean total, which cannot exceed 30,000.00. Your invoice is for more than 30K. MR …

Online Resources for Catching Copyright Infringement

Published on March 31, 2010

A competing newsletter, (name removed), has been republishing your stuff. Thought you'd want to know. Aside from waiting for someone else to notice your material has been stolen, what's the easiest way to catch copyright infringers? …

Another Content Mill Victim Whining…When He’s Part of the Problem!

Published on March 17, 2010

Here is my dilemma. I have worked for (a content mill) since July of last year. Sure, they pay steady, every week, but since seeing (a complaint posted about them online), I am not so sure about job security. This company pays just $5 for a 550-word article, and so I have to do 10-15 articles a day, just to make enough money to support my family. Sure I get a lot of repeat clients, and have a pretty stable article base, but there are so many days that I am working so long, I don't have time to spend with my family. …

Will Delaying Availability of Ebooks Work?

Published on February 17, 2010

Hi, Angela: An article in SlashGear hits some of the high points of the situation concerning e-books vs. paper books and why the big publishers are doing what they are doing. You might not know that I was a freelancer and managing editor of "Video Store" magazine for several years. This situation with the big publishers is very similar to the history of the sale and rental of movies on videotape. At first, the studios tried to prohibit rental of their movies on tape. The Supreme Court knocked that down with what came to be called the "First Sale Doctrine," in which it was held that when someone bought something they could do anything they wanted with it (short of outright piracy). But...and it's a big but...this First Sale Doctrine applied only to movies. Not to music or to books. Then the movie studios held back the release of movies on tape (and on cable and network television) according to a standard formula. I don't remember exactly what it was, but tapes were not released until six months or more after the movie hit the big screen. This window shrank as time went on, however, as the studios found they were making more money from sales of videotapes to video rental stores than from the box office. Will the same happen in the e-book area? Charles I address the ebook-sales-delay tactic being used by traditional publishers, as well as well as other points, in today's article, EBOOK PRICE FIXING: Who Gets Hurt in the End? …

Should I Write “Test” Articles For This Firm?

Published on January 27, 2010

You've given warnings in your newsletter about writing for companies that require "test" articles. I received the following email from (a website). I sent a six-page pubs list of links to numerous published articles and manuscripts, so I know they know my writing style. Then they sent me an email mentioning test articles. A red flag went up inside me; but then again, this may be a legitimate request on their part. I haven't come across this before, and though the pay isn't great, I'm retired and I have no desire to get burned. My question is: Have you come across this company and do you have anything positive or negative to say about them? Any other advice about dealing with them or others like them? …

Legitimate Publishers or Agents?

Published on January 13, 2010

I have written a few science fiction, fantasy short stories and combined them into a small novel. I know you have listed this before, but do you know of any legitimate publishers or agents who can help unpublished writers? …

And Another Google Books Victim…

Published on January 6, 2010

I was wondering if you had been successful getting Google to drop your book from their published pages? …

From Another (Alleged) Google Books Victim

Published on December 30, 2009

Yesterday I discovered that two (so far) of my published books appear for free on Google Books. Since I didn't put them there, and I certainly have no recollection of having authorized anybody else to put them there, I'm wondering if you have any ideas about how to get them taken down. …

AN IDIOT STOLE MY COLUMN AND IS SELLING IT ON HIS WEBSITE!

Published on December 23, 2009

Back with another question and feel free to use this for the e-zine if you like. I just had a spirited exchange with an idiot who has stolen some column of mine that I wrote for Computer User, and is selling it on his horrible website. I wrote to him to tell him I own the copyright and to take the material down. I got nothing buy obscenities and insults back and I responded with a few of my own. Now, this material is being sold on Amazon by somebody--don't know who since Computer User went out of business years ago. So, I guess I have two questions. First, how can I get Amazon to stop selling content that is mine (Computer User did not buy the rights from me for this material, only the right to publish on the Web for a limited period)? Second, given my content has be pirated by several sites, what is to stop me from taking my columns and making my own self-published book out of them? …

Why Isn’t My Book Selling?

Published on December 16, 2009

I just googled my book. There are 16 websites selling my my book. I cannot understand why it's not selling. Can you help? …

A “Traditional Publisher” Says I Must Purchase 3,000 Copies Of My Book!

Published on December 9, 2009

My friend, who is a writer, suggested I contact you about a contract I was offered. I am a first-time author and a bit green when it comes to the business. Within the contact it is required that I purchase 3,000 books when it is printed. I have to buy them at 65% off the retail price. My friend said she has never had to do this before. Is this something new that publishers are doing to make up for the recession? Any advice would be appreciated.…

A “Traditional Publisher” Says I Must Purchase 3,000 Copies Of My Book!

Published on December 9, 2009

My friend, who is a writer, suggested I contact you about a contract I was offered. I am a first-time author and a bit green when it comes to the business. Within the contact it is required that I purchase 3,000 books when it is printed. I have to buy them at 65% off the retail price. My friend said she has never had to do this before. Is this something new that publishers are doing to make up for the recession? Any advice would be appreciated. …

My Editor Screwed Up My Book!

Published on December 2, 2009

I am working on a nonfiction book manuscript. I hired an editor to do line editing for $500.00 and book doctoring (critiquing) for an additional $500.00 - for a total of $1,000.00. I sent some sample paragraphs from my manuscript to the editor, which she edited and returned to me. There weren't any problems with the sample so I sent a check for $500.00 as a deposit for the job. The editor did do the job and return the edited manuscript back to be on time. The quality of the book doctoring was worth the money. The editing was not. The editor made improvements in areas like sentence construction, and eliminating unnecessary words to make the manuscript flow better. However, there were so many typos and issues with grammar in the edited copy that now I feel compelled to hire a professional proofreader to catch any mistakes I didn't catch myself. Hiring a reputable proofreader to fix the editor's mistakes is going to cost me hundreds of dollars. I haven't sent the remaining $500.00 to the editor yet. Frankly I am having a hard time bringing myself to write that check. My feeling is that the edited copy should have fewer flaws than my original, unedited copy. I don't know what to do. I can't insist the editor go back and proofread it herself because I don't trust the quality of her work. I have thought of emailing the editor and asking for a discount on the remainder of my bill to compensate me for the cost of hiring a proofreader. What would you do in my position? …

Can Someone Legally Rent Out My Book? Yes!

Published on November 24, 2009

Just when I thought nothing would surprise me, I find that my book is available for rent on the Web. I use Google Alerts to search the Internet for anything relating to my book and this just popped up today. Chegg.com is offering it for rent. I'll have to admit that it's an interesting sales method. Is it legal for a company to offer a book for rent instead of for sale? It seems to me that recycling my book cheats meout of any profit after the first book is printed. Please let me know your thoughts on this matter and what steps I should take. …

Should You Donate Your Books to This Outfit? No!!!

Published on November 18, 2009

A person who owns a membership website asked me to donate 25 e-books for the first 25 paid members they receive. Then, if they like it, they would consider paying a discounted fee for it. Before I say yes, I told her that I wanted to check with my publisher first. They say that they would promote it in a few ways on their website, but they don't have a lot of members at this point... …

Does Copyright Infringment Affect Resale Value? Heck, Yeah!

Published on November 11, 2009

Great advice for the writer whose work appeared on a free article website under someone else's name. I just have a quick question about it. Does that affect the writer's ability to sell the article? Can first, electronic or first print rights in a regional area or second North American rights, or whatever, still be sold by the author when those rights have already been illegally used. Do you tell an editor that the story has already appeared on the web when trying to resell the article? Does the $750 give all rights to the website? …

A Free Article Site Published MY Article Without Permission!

Published on October 28, 2009

Last week, one of the people quoted in my story emailed me to let me know that someone else had taken my story, revised it a bit, and posted it on one of those free article websites, under his own name. I emailed the site to complain and a few days later they sent a message that the story had been removed. However, they simply moved it to another page on their website! This is probably the most blatant example of plagiarism I've ever seen. …

Do I Need A Model Release From Relatives?

Published on October 21, 2009

Do I Need A Model Release From Relatives?

Do I need a model release form if I use a picture of my granddaughter on the cover of my book? I'm the one who took the photograph.…

Can I Post My Sold Articles on My Website?

Published on October 7, 2009

I've had lots of stuff published in the consumer zines and in professional journals. I'd like to take some of these and put them on my MySpace thingie, hoping perhaps it'll generate more business. My concern is that the articles and manuscripts essentially now belong to others and I was wondering if, even though I was the author and they would be going onto a social networking site, if plagiarism issues can result. If so, what if I added to each article or manuscript "This article/manuscript appeared in such-and-such magazine (or journal) on (whatever date)"? Would that cover me? Or, should I just drop the whole idea altogether? …

Should I Pay a Site to Showcase My Work to Editors?

Published on September 30, 2009

I'd like your opinion of the new Reptile Media site posted online. Writers are supposed to post unpublished articles on the site. Editors are supposed to look at the site, pick the ones they like and make an offer to the writer. This saves the trouble of writing a query letter or targeting a publication. Besides writing on spec, it seems like it would be open season for the people that steal other writers' work. Your opinion? …

Book Formatting, Fonts, and an Index? What’s best?

Published on September 16, 2009

Book Formatting, Fonts, and an Index? What’s best?

I'm starting to write a book from my journal memoirs and it's around 550 pages in Word. What format and font/style, etc. should I create it in so that it can more easily be published later? How do I set up a proper index? …

But…What If Somebody Steals My Book?!

Published on September 9, 2009

I'm really in a muddle about epublishing because I can't figure HOW it works. If I put my book online and someone wishes to buy it, how does that happen? I do understand there is no way to prevent people from burning my book on CD's and selling them or giving them away. That's the down side. But I don't understand why people cannot just download the book to begin with. Please explain at your convenience. …

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