Is It Protected? 7/31/16. What to Expect in Module 3: Session 2

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Eugene Harrington
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1 Module 3: Session 2 Avoid Legal Pitfalls What to Expect in Module 3: Session 2 How to determine if something is protected or not. How to use copyrighted material without issues (piggybacking on Module 2: Session 1) How to copyright your work and protect it from plagiarism. What to do if you find your book s been plagiarized. How to register for Library CIP data. The importance of ISBNs and how to get yours. Fair Use Is It Protected? Widely accepted rule of quotes that are 50 words or less. Law is GRAY. Can be determined by the person you re quoting. May be determined by a judge s opinion of his coffee. Use quotes to enhance, not as the primary content. 1

2 Public Domain Is It Protected? Published in the USA before Published with a copyright notice from 1923-March 1, 1964 AND copyright was NOT renewed. Published without a copyright notice printed on it or registration from If author s been dead for 70 years (non-usa). What s NOT protected Titles, subtitles, movie titles, article titles, etc. UNLESS it s a book series title that s Trademarked. Names (people, places, etc.) Short phrases and slogans. Familiar symbols (i.e.: stop sign shape, triangle, etc.). Ideas. Is It Protected? What s NOT protected Facts like dates. Processes and systems (unless patented). Government documents, websites and photos. Anything the original creator donated to PD or CC. OpenClipart.org Pixabay.com Is It Protected? 2

3 What IS protected Is It Protected? Text longer than 50 words that s not in the PD. SONG LYRICS Just. Don t. Photos you find in a Google search. Photos on Flickr.com not marked Creative Commons. What to Do Next You know you need written permission 1. Contact the copyright holder (usually through a publisher or agent) and ask permission. 2. Tell them: Exactly what you want to use, ALL words, images, etc. Where those words/images will appear in your book. What percentage of your book will be their material. You know you need written permission 3. WAIT. Give it time. (May be up to 6 weeks.) 4. Follow up if you don t hear within two weeks. 5. They may: What to Do Next Ask for additional information. Give or deny permission outright. Give limited permission and require you to resubmit. 3

4 If you get permission What to Do Next Include the material in your book! Thank them for their approval. Give attribution on the copyright page (or wherever they specify). What to Do Next If you do NOT get permission Don t ask them why! They have their reasons. Find a different quote/image/resource. OR Reword in your own words; use your own images. Make sure every instance is removed from your book. What the law says In the USA, once you ve created AND distributed a work, it s protected whether you register it or not. Some countries may not allow you to copyright coloring books or journals. They don t view those as books. Poor Man s Copyright. 4

5 When you should register copyright: When you re building a brand, writing a series, getting a lot of attention for your work. Whenever you have the $35 USD to spend. If you want peace of mind that you will win a lawsuit if your book is plagiarized. How to register copyright in the USA: 1. Go to Copyright.gov/eco 2. Click Login to eco. 3. Click If you are a new user, click here to register. 4. Fill out that form and click, Next. 5. Follow the instructions to complete setup of your copyright account. How to register copyright in the USA: 6. Go back to Copyright.gov/eco and click Login to eco again. 7. Follow the steps to file a copyright for your book. 8. After you go through all the forms, pay your copyright fee and print the labels. 9. Follow the instructions to mail books to Copyright.gov. 5

6 If you find your writing plagiarized: 1. Verify it s actually YOUR work, word-for-word. 2. Contact the infringer to give them a chance to change. 3. If they don t respond, or respond negatively, tell them you re contacting your attorney. 4. Don t make empty threats. Have an IP attorney write a Cease and Desist letter. Other instances of stolen work You find third-party sellers selling your book on Amazon for crazy prices. Perfectly legal. Usually happens with expanded distribution. Beyond your control. Other instances of stolen work You find your book being sold in PDF format or given away for free on a strange website. Can send a Cease and Desist BUT Usually can t control. Like IM products that get ripped off Move on, shake it off, keep creating awesome books. 6

7 Why libraries? $1.3 BILLION budget They LOVE local authors and allow you to hold readings, signings and sell books. They also love visiting authors working vacation? A great way to reach your community. Not for journals, coloring books, activity/workbooks. The legality (Note: This is not a library course ) Must be reviewed in a library journal. Must be listed so they know you exist! CIP Cataloguing Data 3 books traditionally published. Library of Congress Control Number (LCCN) self-published. How to get an LCCN: 1. Apply after estimated page count, BEFORE printing. 2. Go to loc.gov/publish/pcn 3. Click Open an Account. 4. Click Application to Participate. 5. Fill out the form and click Submit. 7

8 How to get an LCCN: 6. Watch your for an account number and password. (This may take a few days.) 7. Go back to loc.gov/publish/pcn 8. Click EPCN Login. 9. Enter your login details and click Sign On. How to get an LCCN: 10. Fill out the form with info from your book. 11. Click Submit. 12. Watch your for the LCCN. (A couple days.) 13. Add the LCCN to your Copyright page, Library of Congress Control Number: XXXXXXXXXX How to get a Cataloging in Publication (CIP) Data: 1. Publish at least 3 authors books traditionally with no fees and a small advance. 2. Apply after estimated page count, BEFORE printing. 3. Go to loc.gov/publish/cip 4. Same steps as LCCN Open an account, wait, go back, ECIP Login, fill out the form, wait, insert data on Copyright page. 8

9 Why do you need an ISBN? ISBNs International Standard Book Number If you want to sell print books through ANY retailer, you MUST have one. How print books are tracked and royalties get paid to the right people around the world. KINDLE and ibooks not required. Who owns the ISBN? ISBNs Whoever buys it directly from the ISBN agency. Unless that s you, you re NOT the publisher. NON-TRANSFERABLE. Unless you sell a company they re registered under. Why this is soooooo important ISBN details MyIdentifiers.com (USA) ISBNs GOOGLE IT outside USA (several different sites) Non-refundable. Non-transferable. Invest in a block of 10 or 100 formats! DON T BUY A BARCODE. (IngramSpark Cover Template Generator) 9

10 Module 3: Session 2 Homework Do another permissions audit on your book. Is there anything you need to get permission to use? Check out the Public Domain Images resource under this session in your Member s Area. Decide whether you want to formally register for Copyright and an LCCN for your book. Mark your Project Vision Binder with deadlines. 10

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f r o m m a n u s c r i p t t o m a r k e t p l a c e FAQs for navigating the book-publishing process Q: I m so excited to get started. What s the first thing I need to do? A: Establish a Vervante Author