Multi-Author Works and Copyright

Jessica Parker Senior
Publishing Consultant

Oftentimes authors decide that they want to co-author a work, publish a compilation of works from multiple authors, or have contributors to their work. What authors fail to consider when embarking on this path is the copyright. Multi-author books can be complicated when it comes to filing the copyright, and there are a few things you should consider before getting too far along in the process. When filing copyright for a book, it is required that all authors be listed on the application. Yup, that’s right, folks, all authors. This means that if you have seven authors who contributed chapters to your book, each of these authors will need to be listed on the application except in the case of a work-for-hire.

There are two important areas of the copyright application that should be noted. One is the author section, and the other is the claimant section. The author is who created any part of the text, editing, photos, illustrations, etc. When listing each author on the application, you will need to specify what exactly they created within the work (text, illustrations, photos, graphics, etc.). Most authors never even consider that their photographer would need to be listed as an author! However, it is true unless you have the appropriate documents signed. The claimant is the one who owns the exclusive world rights to the material covered under the application. If you did not author the entire work, you cannot legally lay claim to the rights of the entire work unless you have done your legal legwork. Below I have summarized the two basic scenarios that you are looking at when it comes to filing a multi-author work.

There are many loopholes and exceptions to these, but these should give you a good idea of which is right for you and what you’ll need in order to achieve it. Scenario 1: Co-authors/Single claimant In this scenario, you could have multiple authors, but only one claimant. In order for this to be done correctly, you would need each author to sign a transfer of rights form in which they are transferring their rights of what they contributed to the work to a single person. If each author signs a transfer of rights, then the person who they transferred the rights to would be the sole owner of the copyright. This means that the contributing authors have no rights over the book or the material they contributed.

Scenario 2: Co-authors/Co-claimants In this scenario, all of the contributing authors would be listed as authors and claimants on the application. This means that each author would have equal rights over the book as a whole, and could create derivative works, second editions, print it, etc. without asking permission of the other claimants. These are the two basic scenarios that you are looking at when it comes to multi-author texts. Depending on the rights you want your co-authors to have, this will determine which scenario is best for you. Either way, it is advisable to work out these details prior to approaching a publishing company. You may also need to have agreements with each individual author stating rights they have over the book, royalties they will receive, etc. in either of these scenarios. This way each author knows what they can and cannot do and what they will or will not receive.

Legal Counsel for Authors

Angela DeCaires
Publishing Director 

 

There are so many things to think about when you set out to publish a book. As a writer, you’re worried about the plot, the characters, or the advice and information you’re providing, and maybe the book’s cover…will readers like my work? Will anyone buy my book? Will I make any money? As the publisher of that book, your concerns start to shift…how can I market this book? What social media sites are best for my genre? What retailers would I like to see my book sold through? What is the printing cost per book? My colleagues and I field lots of different questions, but the questions and concerns we don’t see self-publishing authors deal with enough are legal concerns.

There are many legal issues an author should be concerned about, and if not dealt with prior to publication, they could mean hassle and expense down the road. Here are some of them:

Let’s start with the content of the manuscript. We frequently meet authors who are writing a memoir and don’t think they need to be concerned about legal ramifications because they’re “writing about their life, and it’s all true.” But if your book has anything in it about someone else—be it a company, former colleague, or even a family member—that could be viewed as negative or unflattering, you may find yourself in a legal dispute. Even if you don’t think what you’ve said in your book is “bad,” it’s not about how you view it, it’s about how the other party views it. Whenever possible, avoid negative or unflattering statements. And get other parties’ permission to write about them in your book. Always be thinking about how outsiders will view the content of your manuscript.

Are you using photos, graphics, or text that is not your original material? Doing this without permission can lead to legal action against you by the rights holder of that material. All too often we see manuscripts that have pictures taken off the Internet or material quoted from a song, book, or website without written permission to use the material. You may think it’s not a big deal, that you’re only quoting a few sentences, or a few song lyrics, or just using one picture you found on the Internet, but if someone decides to start legal proceedings against you, it will be a big deal. Using a professional editor will help to identify issues of concern in your manuscript, but in many cases you should also have a lawyer review the manuscript, especially one who specializes in copyright/trademark law and/or has expertise in handling libel or slander cases.

Now your manuscript is going to a publishing company. Are they asking you to sign a contract? There are lots of pieces you’ll need to pay attention to. How long does it lock you in for? Is it for just this first book, or do you have to use them for future books? Who will retain the rights to the material and the final book files? Who pays for what? Who is responsible for doing what (marketing, distribution, etc.)? What is the royalty scenario when copies of the book sell? We always recommend that an author have the contract reviewed by a lawyer before they sign anything. Be sure that if you do sign a contract, the terms benefit you, not just the publishing company.

If you have a third party provide services to you in the publishing of the book, such as cover design or illustration, be sure that you have written agreements between you and the other party. Outline the work to be done, the timeline, the fee structure, the use of the material after it is completed, and who owns the work/files. Work for hire documents are critical, but in some cases you may also need an agreement transferring the copyrights of the material from the other party to you.

Time to sell the book. Are you selling it under your personal name or under a business name? Do you have the necessary paperwork in place? Many writers come up with a company name and place it in their book—their own “publishing company”—but we discover that it is not a legal, registered business. Did you file that business as an LLC or corporation? Do you have a tax ID number? Have you consulted with a tax professional about how to handle reporting royalties and collecting sales tax when you sell copies of your book? The last thing you want is to deal with the IRS when you should be busy promoting your book.

My advice? Always be thinking about how you can protect yourself, in every step of the process. When it comes to possible legal risks, it’s better to over-think the scenarios and how they will play out than to just assume everything will work out okay or that it won’t matter because “they may never even see the book.” Assume everyone, everywhere will buy and read your book, then assess if you are prepared legally.

 

 

Citing – Part II: Are there bad sources?

Daren Fowler
Editor

Yes, there are bad sources. Just because a source has interesting or validating information does not make it reputable. Sources need to not only have valuable information, but need to be trustworthy. When looking for a source, you need to research the author, location, and its alterability.

The author of a text needs to have some form of expertise in the field. A ten-year-old can write down what he thinks about socio-economic politics, but that does not mean he has actually done the work to understand that issue. A source needs to have evidence of either the author’s expertise or proof of their effort and concern (i.e., their sources). Do not trust a source that lacks this information. It could be useful and correct, but without a credible author, the work loses value.

Where did you find this source? Is it on someone’s personal blog or in a library? Was it The New York Times or a free magazine passed out on the street corner? There can be exciting and credible sources found almost anywhere, however, you must do your research to check its validity. When reading The New York Times, there is a built-in credibility that does not come with a blog, no matter how excited and dedicated they are. Before using and citing a source, dig into where it comes from and find another source if it does not seem reliable.

Alterability is a nice way of saying do not use Wikipedia. Wikipedia and other online, communal aggregates (About.com being another) can be incredible sources of information, but they also lack accountability and can be changed with relative ease by anyone with a free account. This means that Wikis offer the opportunity for radically updating that stays apace with ever-evolving information, but I can also write that George Washington was born on the Moon at Celestial Hospital on February 31, 2044. Nonetheless, many of the entries have thorough bibliographies, which can provide authors with potentially credible and useful sources. In other words, Wikipedia can be a great starting point to learn more about a topic but should not be the focal point for your research.

One last piece of advice: if you do discover that you are using a bad source, that does not mean you should delete the information; it means you should try to find a new source! While we like to think of ideas as always unique, most of the time you can find someone more reliable saying something similar. Remember, if you want to be considered reputable and valuable as a source, you need to have high standards for where your information comes from.

Use the sources you want to be.

Citing – Part I: Why Use Citations?

Daren Fowler
Editor

Citing is a form of reference that is essential to many non-fiction books. To cite is to acknowledge that you are drawing on something or someone else to make your own claims and conclusions. However, many authors struggle to understand the purpose of a citation. What will a citation bring to my work? Here are three important reasons citations exist:

Giving Credit: If you come up with a brilliant way to be successful in business, would do want someone else to take that idea and not give you credit? I did not think so. The main purpose for citing is to give credit where credit is due. If you someone else’s ideas are foundational to your own, then it is important to acknowledge that. There is no shame in telling your reader that you did not come up with every idea under the sun. They already know that to be the case. Your reader came to you because they trust or value your perspective on the wealth of information already available.

Helping the Reader: One of the greatest gifts citations bring to writing is expanding conversations. To write a book is to enter yourself into a conversation—be it the history of person or how to navigate the healthcare industry. A citation tells your reader, “If you like this idea, go here for some further information.” Your book cannot cover everything; therefore, anything you think is valuable, but beyond the scope of your book, can be cited to help further expand your reader’s knowledge. Giving your reader this additional information will also engender their trust, because they will see you are invested in their overall understanding and well-being.

Legality: No one wants to be told they plagiarized something. It sounds like you stole something, that you did something illegal. The truth is, to not cite someone for their ideas is plagiarism, it is stealing and illegal. When someone writes down an idea, it gives copyright over those ideas. To use those ideas without permission and acknowledgement is illegal and can result in legal action. However, just because you cite something does not mean you are completely protected from legal action. Using a citation means you did not steal the ideas, but you generally still need permission to even use the ideas. The issue of permission is different for the type of book you are doing; each field of study has different expectations. Talk with your editor to determine what you need for your book.

When you are writing your book, ask yourself these questions. If you say yes to any of them, you probably need citations.

“Did I do any research to write this book?”

“Did I go on Wikipedia (or any other information aggregator)?”

“Did I copy and paste from a website, book, or copyrightable material?”

“Am I a novice, or untrained, in this field of study?”

“Am I summarizing a complicated or generally unknown concept that I did not originate?”

Citations may seem superfluous or you may think that your book contains only your ideas. However, to create non-fiction content, in many cases, is to expand, complicate, or challenge existing ideas. Ultimately, understanding the value of citations will make you a better writer, show your investment in the ongoing dialogue, and want your readers to succeed.

 

 

Co-Authors Must Consider

Jessica Parker
Senior Publishing Consultant

When it comes to co-author scenarios in the publishing world, there are a few things that authors fail to consider before embarking on the publishing process.

In working with a publisher, most will only issue one royalty check per title. This means that you and your co-author will need to work out the fine details of how money earned will be handled. Since publishers do not want to go through the hassle of splitting royalty payments between authors, this means that you and your co-author will need to handle this prior to approaching the publisher. One solution is for you and your co-author to create an LLC in which all earnings from the book will go to. Then you will need to draft up an agreement between you and your co-author designating how the royalties will be split.

Another item to consider is how the copyright will be filed. Will it be under the company you created or under both authors’ names? What rights will each author have over the book? Most authors never consider the legal end of co-authoring a book, but I have often seen this create a problem between authors. If both authors own equal rights to the book, this means that each author has the right to do whatever they wish with the book: creating derivative works, printing, distributing, etc. without the permission of the other author. One way to solve this dilemma is through an agreement stating what each author has the rights to do without the permission of the other.

You might also want to consider how this will affect the publishing process. Most publishers, outside of traditional ones, will want the author to sign off on the editing, cover design, etc. If you are in a co-author scenario, most publishers will want both of you to sign off on each part of the process. It is also important for you to ask your publisher how this will affect your publishing timeline. It may mean longer publishing times if both authors are to go through the editing, design, and proofing process together.

The Fine Line Between Wrong and Write

The Internet is a powerful tool. It’s changed our lives in so many ways, and made sharing knowledge much easier. All the information we could ask for is at the click of a button. Researching the topic you are writing a book about is now easier than ever. It’s all too tempting to copy information you find on websites, include bits and pieces of that information and place it in your manuscript as you’re writing. A little copy, paste here. A little copy, paste there. As long as you’re citing all the sources you are using in your bibliography it’s okay, right? Not necessarily.

If you’re going to directly quote the source, in most cases you’ll need to obtain permission to use the text/quoted material from the source in your manuscript. Even if you paraphrase from a source, you need to be sure to cite it. You may hear that there are some guidelines out there about how much text is “okay” to directly quote out of someone’s book, or from a poem or song. Unless you’re hearing those guidelines from your editor or publisher, be wary of who you’re hearing that information from. There is a lot of misinformation floating around out there.

A skilled editor will work with an author to identify areas where they may be using material that they don’t have the proper rights or permissions to use. A publisher or publishing support company can assist an author in obtaining special permissions from sources when needed. If you do get permission to use things like song lyrics or passages of text from another book, pay close attention to the terms of the permission you have been granted. There may be limitations to how many copies of the book you can sell with the material in it, or how many months you are allowed to use that material, or even restrictions on the countries where your book can be sold .

Writers may think that “so and so” that they quoted, or used material from will “never know” or “never see their book” but in today’s blogging, tweeting, “going-viral” age, their book could end up in anyone’s hands, or on anyone’s tablet screen. If a writer is caught using material that they don’t have permission to use, there are some stiff penalties: fines could be in the thousands of dollars, and in more serious cases, the penalty is jail time. The general rule of thumb? Use your own material, and don’t use anyone else’s material that you don’t have written permission to use. 

Why “I found it on the Internet…” Makes Me Nervous!

It’s one of those answers that makes me slam the brakes on an author’s self-publishing train.

“…And where did you get these pictures?”

“I used Google^® and copied and pasted them from a website.”

When self-publishing, it’s especially important for an author to be aware of the potential legal risks involved in writing and publishing a book. Using images or text taken off the internet is one of them. It’s easy, and tempting, to copy and paste an image when you’re looking for a “certain something” to add to your book, or to take some text from the internet and “change it a bit.” But using a photo, illustration, graphic or text without permission is Copyright Infringement and could lead to legal action and fines.

You might think that “no one will know,” but once your book is in print, it is in the public eye, and bound to be seen by anyone.

I have seen books created with barely any budget, and others with thousands of dollars invested into editing, design, illustrations, etc. An author may think that they can’t fit certain things into their publishing budget, but there are many ways they can create a successful book while avoiding Copyright Infringement:

• Try asking the owner of the image or text for written permission to use it. If written permission is given, credit should be given to the photographer, author or rights holder.
• Stock photos are a cost-effective way for a self-publisher to add the imagery they need to their book. There are dozens of reputable stock photography websites.
• You could take your own photos, or find a fledgling photographer looking for practice.
• Look for an illustrator or graphic artist who is newer to the business and looking to gain experience in the publishing world, who might in turn offer you a lower price for their work.

You’ve worked hard to write and prepare your book; avoid risking its success by using images and text you don’t have the rights to. BookLogix offers a free workshop/webinar on Copyright every few months. Stay tuned for details soon by signing up for our newsletter at BookLogix.com! In the meantime, to learn more about what constitutes Copyright Infringement, visit Copyright.gov.