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What is
Copyright and How Does One Protect It
(from our
Online Writing Course)
INTRODUCTION AND
AUTHOR'S COMMENT:
This article (which was originally an extract from the writing
course I ran at the local polytechnic was developed about seven
years ago) was written for the "OFFLINE and real world"
here in New Zealand and the United Kingdom... well before I knew
about the "amazing intricate mysteries of the net".
However, I believe, the principles should also be applied (perhaps
not so stringently) to the "Wild West of cyberspace".
(That's a metaphor, by the way!) The article covers general
principles of copyright and may also
be applied world-wide in writing for the www, "metinks"...
Publishing on the world wide web (writing articles on your field of
expertise is a most effective form of internet marketing,
incidentally!) is very different to the "real world". In
the online "wild west culture" standard copyright rules
are far harder to enforce, as the subject of copyright is constantly
evolving and rapidly changing, like the "net" itself. It
appears that on the www virtually "anything goes" with
many varied opinions and it's very hard to get common rulings and
agreement on this complex issue.
My advice would be to apply the same "strict" rules
regarding copyright, when writing online as offline, as I explain in
this article.
With these guidelines we can all do our bit to bring some order into
the "lawlessness" prevalent in copying other people's work
on the www. By following these guidelines, I'm sure no-one will be
able to criticise "sqeaky clean you".
After that "rather rambling rose pre-amble", enough
said...
Only joking! Here is my article...
COPYRIGHT:
What is copyright? No one can reproduce your work with- out your
permission - not even a personal letter. How much of a writer's work
can be legitimately used? A poem of 40-50 words is generally
considered to be OK. Usually one is not allowed to copy substantial
amounts of another writer's work without their express permission.
* But then what is meant by the word "substantial"? It is
widely open to interpretation and opens up a literary and legal
"minefield" (that's a metaphor, by the way!).
There are no hard and fast guidelines about the rule of copy- right.
The following is a rough 'rule of thumb':
You can take approximately 300 words from a book or any other
lengthy work of writing. You can also quote 150 words from a
magazine article. Fifty (50) words quoted from a news- paper article
is generally considered to be "fair use" without requiring
either permission or a fee. Copyright lasts 50 years after your
death.
You can use what is termed 'fair dealing' in writing reports, or
research material. I always advise acknowledging sources in your
reference section.
It's all very unclear - the entire subject of copyright, so I
won't say too much. Just use your common sense and discretion (if
you have some)... and be HONEST by following your heart. Don't copy
other author's material and purport (nice word, eh?) to be the
author. One should not paraphrase a substantial amount of another
author's writing, nor use that writer's points without due
ACKNOWLEDGMENT. Hint hint!
If you get into a dispute (oops!), there are specialised trade and
copyright laywers (or solicitors as they call them here in 'genteel
and civilised' NZ) in the big centres. If in doubt, get
advice...then DON'T infringe copyright.
Send requests to use material to the permissions editor of a
magazine, newspaper or book publisher. Book publishers usually have
a small department which deals solely in this. Give them as much
information as possible about your article or book, your publisher,
as well as other books or articles written by you. Tell them what
quotes you want to use and why and so on. Say you will give them due
acknowledgement in your writing. They'll usually oblige. There is
sometimes a small fee payable. Always
acknowledge the sources of your quotations - then you've kept your
word, your side of the "bargain". Also keep copies of your
correspondence in the event of an unlikely dispute.
Now a bit for Kiwis* (and Brits)... * = New Zealanders, but the Kiwi
is a flightless bird, in case you are interested.
No one can reproduce your work without your permission. New Zealand
law closely follows British law. In NZ copyright is usually
protected for 50 years after the author's death. If a book is
published posthumously (a nice big word that - must try to use it
more often), copyright extends for 75 years after the time of the
author's death. After that the work can be freely used by anyone. No
hope for me then... but perhaps my great great grandchildren!
As from 1989, New Zealand copyright law requires 3 copies of every
NZ publication to go to the National Library in Wellington. One of
which goes to the Alexander Turnbull Library, one to the National
Library for bibliographical purposes, while the third is kept at the
Parliamentary Library in the capital in Wellington.
The following is a simple tip on the easist way to register
copyright. Send a letter to yourself by registered mail, in
which you certify that you are the author of the work. Keep in a
safe place. If you really want, you could lodge the unopened letter
with your bank or lawyer (solicitor) for safekeeping, but I wouldn't
say that option is necessary. I'd just keep the letter with my
personal documents, proving ownership of your writing. (While you
are about it, you could perhaps send some Christmas or birthday
cards to yourself, or like me, join "Rent-a-Friend").
Enough silly digression, now Craig and back to the boring subject
of copyright (you are nearly finished pouring forth)...
Sometimes a publisher might want copyright in exchange for a fee. My
advice: It's your work of art. So always retain your copyright...
unless you are in dire financial straits, like this aspiring
writer*.
In the next lesson (and article) we will look at the subject of
plagiarism . Wow, that's a big word and I hope I spelt it
correctly. No, I don't mind you using my material...even though it
may be quite hard for another "writer" to closely copy my
rather "crazy/wacky style of hopefully informing and
entertaining at the same time". (That is my mission in my
writings, btw!) Anyway, isn't "imitation the sincerest form of
flattery"?
Happy writing
Craig Lock
http://www.craiglock.com
P.S: After getting so far
with this "rather heavy and quite boring subject, time for a
dash of humour as a reward... at the expense of my "chosen
occupation"...
"I never had any doubts about my abilities. I knew I could
write. I just had to figure out how to eat while doing this." -
Cormac McCarthy
What's the definition of an aspiring author?
A waiter!
* What's the difference between a writer and a family pizza? The
family pizza can feed a rather hungry family of three ... or ONE
starving writer writing away in his garret munching on a carrot!
I see the average American writer earns an average of $7500 per year
(and New Zealanders, or Kiwi writers probably far less than that).
That's why writers have to do things DIFFERENTLY to merely survive.
Perhaps then time to get a "proper job" and avoid the soup
kitchen, Craig!
.. but then some of us DO love writing -
it's just something we HAVE to do with our lives.
About the
author: Craig Lock is an author of numerous books and the creator of
the "original" online writing course:
http://www.craiglock.com/downloads/cwcourse.htm
The various books that Craig "felt inspired to write" are
available at: http://www.bridgeniche.com
and
http://www.craiglock.com/books.html
Hard copies and e-books: Fiction and non-fiction, novels travel,
humour, inspiration, self help and money books
All proceeds go to needy and underprivileged children - MINE
P.S: Don't worry about the world ending today...
it's already tomorrow in "little" scenic and tranquil
New Zealand
THIS ARTICLE MAY BE FREELY PUBLISHED
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