Tag: copyrights

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The Intentional Writer

Do You Understand Copyrights?

The intentional writer

As writers, we are concerned about protecting our work from theft or misuse. That is why we should have a general understanding of copyright laws.

DISCLAIMER: I am not a lawyer. This post is intended as a guide to understanding the basics of this topic. If you have actual copyright questions, please contact an expert.

What is a copyright?

According to the Wikipedia entry for Copyright:

Copyright is a type of intellectual property that gives its owner the exclusive right to make copies of a creative work, usually for a limited time. The creative work may be in a literary, artistic, educational, or musical form.

(Although lengthy, this article provides a good foundation for understanding what the concept of copyright is all about. I recommend you take a look.)

Do I need to apply for a copyright to protect my work?

No. Under current law, as soon as a creative work is “fixed”, or recorded in some tangible way, then copyright protection is automatically in force. Therefore as soon as you write your ideas down or type them on your computer, they are theoretically protected. Authors do not need to apply for a copyright or include a copyright notation on their work. (An older version of the law did require authors to include a copyright notation.)

However, an author’s protection is enhanced when the work is officially registered with the Copyright Office. This can be done online at copyright.gov, but it requires a fee.

Note: A registered copyright only protects the copy you registered. Therefore it makes no sense to apply for copyrights for unfinished works.

What constitutes copyright infringement?

This is where many of us may run into problems. We know better than to plagiarize another author’s writing, but what about grabbing a photo off the web to use in our blog, or borrowing a song to use in a video?

Like writing, other forms of intellectual property are protected by copyright laws. Artwork, photos, music, videos, and performances are considered copyrighted. Which means we don’t have permission to use them unless that permission has been granted by the owner.

How can I use copyrighted material?

  • You can contact the owner and ask for permission.
  • You can purchase the rights, such as buying a stock photo.
  • The law makes an exception for fair use. (See below.)
  • Also, some material has been assigned a Creative Commons license. This is a standardized way for copyright owners to grant permission for others to use their work. (See below.)

What is fair use?

The Copyright Act of 1976 allows for limited copying and distribution of copyrighted material under what is termed “fair use.” However, it can be tricky to determine what does or does not qualify as fair use. Factors to consider include the purpose for which the copies are being used, the proportion of the work that is being used, and how the use might affect the market value of the work.

What are Creative Commons licenses about?

There are six different types of Creative Commons licenses, each of which have different stipulations about what uses are allowed and how the owner of the work should be attributed. These are clearly explained on the Creative Commons website.

Reputable sources of photos, music, or other creative works will indicate which license applies to each item. You should assume that anything on the web not labeled public domain or marked with a CC license is not available for use.

Like most of the information on Wikipedia, the copyright definition I copied in this post falls under a Creative Commons license. Specifically CC 3.0 (CC BY-SA) which states that credit must be given to the author, as I have done by including a hyperlink to the original article.

What is a derivative work?

Some CC licenses do not allow derivative works. A derivative work is something that has been derived from the original. In other words, a work that adapts the original work in some way. For example, taking a photo and adding text to it, as is demonstrated by the featured image on this post.

Some CC licenses specify non-commercial use only. What does that mean?

Non-commercial uses refers to using the material for personal or educational purposes only, without the end product being sold or used for the marketing of a salable product.

Commercial use includes the obvious: the material is being used on or in a product. It also includes any instance where the creative property is being used for any purpose that enables you to make money.

For example, a book trailer is commercial use because it is advertising a product. A blog that makes you money, such as one with affiliate links, is also considered commercial use.

If you are working on a website or anything that may be connected with selling your work, now or in the future, it’s a good idea to stay on the safe side and limit yourself to works that allow commercial use.

I hope this helps you understand the world of copyrights, so that you can honor the intellectual property of others as ethically as you wish your rights to be honored.

Award-winning writer Lisa E. Betz believes that everyone has a unique story to tell the world. She loves inspiring fellow writers to be more intentional about developing their craft and courageous in sharing their words. Lisa shares her words through speaking, leading Bible studies, writing historical mysteries, and blogging about living intentionally.

You can find her on Facebook LisaEBetzWriter Twitter @LisaEBetz and Pinterest Lisa E Betz Intentional Living.

Categories
Songwriting

The Business Side of Songwriting: Protecting Your Work

From prosody to melodic prose, I have shared a lot about the craft of songwriting over the year. Today I will be discussing the business side of it. Songs and song ideas get stolen all the time. This was especially true before the digital age. Today’s technology allows writers to protect themselves a little better. However, every artist still needs to take every precaution and protect their work. There are two ways to do this, but only one is mandatory if you don’t think your song will receive airplay.

Your first step is to finalize your song arrangements—this includes the lyrics and music, and recording it in some fashion, preferably digitally, using recording software (we will talk more on this next month.) Then, you want to copyright your song to protect it. Copyrighting is simple, but it can be costly if you don’t do it wisely. It can also be time consuming. If you plan on creating an album of music, it is best if you record all of your material first, then apply for copyright with just one fee to copyright the entire album. Otherwise, you will be paying a fee to copyright each individual song. Even if your material is a “work for hire,” you need to copyright it.

Life is a little different than it used to be, musically speaking. The standard was to put out a demo (3 to 5 songs) or an E.P. (extended play, 5 to 7 songs), or a full-length album (10 to 14 songs). Digital technology has drastically changed the rules in the last decade, where albums are rarely sold in comparison to individual songs. Formats like iTunes and Amazon have made it possible to buy single songs versus entire albums. And artists are releasing albums with a variety of song numbers, with famous artists such as David Crowder and Taylor Swift dropping standard albums just shy of 20 songs each. This would be considered a double album back-in-the-day and would cost consumers twice as much. But the over-abundance of music available on the internet has devalued albums and art, making costs much more affordable with less financial benefit to the artist. However, the payoff is more exposure for smaller artists. Because of this, many artists have given their music away in hopes to sell more concert tickets and reach a bigger fan base.

Once you have your album ready (it doesn’t have to be in its final mastering glory), you can apply for the copyright at www.copyright.gov. The site can be a bit overwhelming. Don’t let it overwhelm you. For audio songs, simply go to the tab for Law and Guidance, scroll down and select Forms. Under Basic Forms, you will select Form SR, for Sound Recording. For detailed information on how to fill out the form, you can get guidance from the site or search various Youtube videos. If you only want to copyright the lyrics before adding music, you can use Form TX. However, this may cause you a headache when re-copyrighting with the musicians or song owners. You will have to work out copyright percentages, etc. as well.

Once you have quality recordings of your songs and you have applied for the copyright, your next step is to apply for a performing rights organization membership, if you think it will receive any type of airplay. There are two main organizations: BMI and ASCAP. Before the days of internet radio and humongous loopholes in the law, radio stations, television, film, restaurants, and any other public venue had to pay rights to a performance rights organization to play music in the background or receive heavy fines. These performance rights organizations collected data on songs being played and paid their artists based on song plays. Then, they would mail out quarterly checks from those royalties. Today, internet radio stations began mimicking that concept, without the use of the P.R.O., but paying artists way less. A thousand plays on stations like Spotify and Pandora can leave an artist with just a few dollars. But those stations give great exposure to new artists which can lead to individual or album song sales. I am a registered BMI artist, but only a tiny percentage of my songs are registered with BMI. Again, it’s a waste of time if your song isn’t getting viable airplay. The songs I registered are those that received attention on radio or are played in television shows or movies.

If your songs are quality recorded and you have them copyrighted and you have registered them with a P.R.O., your next step is distribution, which I will talk about in my next article. Got a question about songwriting? Please write me at matthewhawkeldridge@yahoo.com.

Matthew Hawk Eldridge is a sleepless, coffee addicted, Renaissance man currently working in the film industry while attending grad school for creative writing. His latest novel, The Pan: Experiencing Neverland, can be found on Amazon. His album, Overcome, releases June 1st.

Categories
Writers Chat

Making It Legal: An Intro into Writers’ Trademarks

It’s a rude awakening to discover your dream of becoming a writer has bloomed into a minefield of legal conundrums. In this valuable episode of Writers Chat, attorney Tamsen Horton shares must-know information every writer needs to know. This is one episode you’ll want to keep in your favorites for future reference!

Just like you, there is no shortage of the different roles that Tamsen takes on in any given day. She has seamlessly blended her roles as a mother, business executive, and lawyer to give her the unique perspective and platform to not simply talk about ideas and how to create them but also how to make sure that what you are working so hard to build is safely protected: personally and professionally. Most recently, she released her debut book, Easy As PB&J, with her husband Chris where they use their stories to help you learn how to share what you know and make money doing it. She truly enjoys connecting with like-minded and inspired individuals, so please feel free to reach out through social media or via email and let her know how she can serve you.

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