Monday, March 11, 2013

When writing a book make sure you are aware of copyright laws

By Dennis Mellersh

Becoming familiar with the general rules of copyright and trademark use should be an important and even essential component in your process of learning to write a book.

The following is meant only as a brief overview of copyright and trademark on a conceptual level. It is not to be considered as legal advice. See Notes and Disclaimers at the bottom of this article.

One of the problems that the Internet can create with beginner writers is the false impression that just because something is “on the Internet” and is free, it’s OK to use in your book any material you find. New writers also sometimes mistakenly extend this “Internet assumption” to print media in general and other forms of communication.

However, any material you discover in your research, including the Internet, will in all likelihood be copyrighted, unless it is definitely known to be in the public domain. If you do not know for sure if something is in the public domain, do not assume you can freely use the content in your book.

The protection of a creator’s work under copyright and trademark legislation is today considered part of the general laws covering intellectual property rights. You as a writer will be protected by these laws on the content of your planned book. You must respect the legal rights of other book authors.

Copyright and trademark legislation are laws; they are not moral or ethical suggestions. To break these laws can result in serious and costly legal consequences for you.

You can usually use brief/small amounts of material from another written source in your book, such as a quotation to illustrate a point you are making, but it still must be attributed or credited to the source, and you can’t do this extensively.

Often in this blog, for example, I will use a quotation from a well-known book author to serve as an example of the point I am making in an article. Using small snippets from a book or other written media is generally OK, as it usually falls under the “fair use” provisions of intellectual property or intellectual rights laws.

In your book, you might say for example:

“(Name of author) in (his/her) (name of book or other written material) makes the point that (quotation).”

Sometimes, however, to even use a small excerpt from another person’s writing, you will need permission from the author and/or the publisher of the content. If in doubt, seek permission to use the material.

Moreover, you cannot simply paraphrase someone’s words for your book by just changing the wording. If you are using someone else's content by just modifying it, instead of thinking up your own content, you are on doubtful legal ground.

The reason for copyright and trademark legislation (and, as a writer you will be able to appreciate this) is to prevent people from stealing your and others’ writing/words.

Overall, it’s straightforward.

You can’t copy someone else’s work – it is against the law.

Further Essential Advice:

(1) Recommendation for further reading: There is an excellent, thorough discussion on copyright on Wikipedia which I strong suggestion you read, study, and remember: http://en.wikipedia.org/wiki/Copyright

(2) Notes and Disclaimer:

(a)This brief How to Write a Book article is not meant to be an exhaustive or definitive legal explanation on the intricacies of copyright and trademark legislative requirements.

 (b) This article is not intended, nor should it be used, as a substitute for professional/legal advice on copyright as it pertains to the writing in your book; for such advice, which you should talk to a legal expert.

(3) This How to Write a Book article is concerned only with written print or E-format communications: videos, podcasts, songs, music in general, movies, and other visual and/or  audio forms of communication can be even more legally restrictive, with substantial legal penalties for infringement.


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