“Poor Man’s Copyright”
Q. What exactly is the “poor man’s copyright?” I keep seeing it referenced on writing sites. A. Besides being misogynistic, this little nugget of Internet Wisdom never seems to die. It almost rises to the status of urban legend. Not quite as bad as Tide Pods, but for writers, almost as dangerous. I have encountered many otherwise sophisticated writers who not only believe in this charming...
Read MoreCopyright in Foreign Countries
Although many foreign countries will protect your U.S. copyright without any additional steps, there exists no true “international copyright.” Historically, each country had its own system for protecting intellectual property rights. To safeguard your copyright in say, Portugal, you would have had to comply with Portugal’s copyright laws. However, in the last seventy five years this has...
Read MoreInfringement vs. Plagiarism
I have written about the confusion between infringement and plagiarism. The two aren’t the same, but they can overlap. Plagiarism can be copyright infringement, and vice-versa. It’s also possible to plagiarize without committing copyright infringement, and to infringe a copyright without plagiarizing. First, let’s define the terms. According to Merriam-Webster’s New Collegiate Dictionary, to...
Read MoreForeign Rights and Foreign Licensing Deals
What is the difference between “foreign rights” and “foreign licensing deals?” Sale of foreign rights is a relatively simple way to exploit out of print books, often with little upfront cost, provided the novel had sufficient original sales and broad appeal. Foreign rights are a subset of the “subsidiary rights” comprising an essential element of your copyright ownership. They are the granting...
Read MoreQ & A on Publishing Terms
I get many questions from writers who are puzzled by provisions in their publishing agreements. Here’s a sample: Q. My publisher says it will ask my permission before making a “substantial” change to my manuscript. But a friend says it should be a “material” change. What is the difference between a “substantial” change and a “material” change? A. The word “material” is a term in law well...
Read MorePublisher Bankruptcy
Q. My publisher just went out of business. Can I get my rights back? A. You may be able to terminate your publishing agreement and – perhaps — get your rights reverted to you. The keys words are “may” and “perhaps.” A lot depends on whether the publisher just became insolvent or actually filed for bankruptcy protection. First, look at your publishing agreement to see whether you have a...
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