Copyright

You Could be Paid Twice for Your Book

Access-Copyright

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If you are a Canadian writer, publisher or visual artist, you could be paid more than once for your writing with the help of Access Copyright.
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This organization believes you should be fairly compensated when your books or articles are copied.  A study found that 80% of all copies made on copy machines are from books!  By becoming an affiliate of Access Copyright, you will have access to services that will help maximize your royalty income for the secondary use of your works.  Get detailed info on their website.
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Becoming an Access Copyright affiliate is FREE!
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Benefits of Being an Access Copyright Affiliate:

  • Royalty Payments: They ensure that our affiliates are fairly compensated.
  • Affiliate Outreach: They make sure the interests of their affiliates are heard by policy and decision makers on important issues, such as intellectual property.
  • International Network: Access Copyright has reciprocal agreements with reproduction rights organizations (RROs) from around the world.  When their affiliates’ works have been copied in a country with which they have an agreement, they distribute the royalties to them.
  • One of the benefits of being a small publisher or trade-published writer in Canada!  However you must have set up a small publishing business in Canada, if you are not with an established (not Vanity!) publisher.

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Writers Around the World.
In the United States, the CCC, the Copyright Clearance Center compensates publishers and creators / writers for the use of their work. They claim: “In the past ten years, we distributed $1.5 billion in royalties to content owners on six continents.”
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Their subsidiary “RightsDirect” does the same in several European Countries.  German authors and publishers join VG WORT, to be precise:  only members of the European Union and authors who have Germany as their place of residence.

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Why Registering Your Copyright?

Whenever you write something on paper or typed on a computer, it is copyrighted / protected under copyright law. 
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Copyright.
If someone steals your work and presents it as his own, the burden of proof falls on you to show that you created it first and that you own the copyright – which can be difficult.  For better protection, consider to officially register your work for approx. $45 per book manuscript with the US Copyright Office.  So, if anyone steals your manuscript, you will not only have proof of copyright ownership, but  you are also able to sue for Statutory Damages and attorney fees.

It is not required for you as an author to register your work or even provide a notice.  But… there are reasons to protect yourself and what you created.  Copyright means the sole right to produce or reproduce a work in any form.  And in most countries, a work – such as literature, music or software – is automatically protected as soon as it is created.  Excluded are ideas, titles, names, facts, lists, and short phrases.
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However, proving your claim can be a very difficult matter without proper evidence.  Often it boils down to a case of “their word against yours”.
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Without proper protection, work that you have created, could end up making money for someone else.  Photographer Jeremy Nicholl wrote: “Some time ago I began registering all my photographs with the US Copyright Office.  Like all photographers I have witnessed a massive increase of theft of my work in recent years.  And, like others I have found it difficult, if not impossible, to get reasonable compensation for these infringements, especially if the infringer is in a foreign country.”

“But one country, the US, provides very hefty penalties for copyright theft – so long as the work has been registered prior to the infringement in question.  So what would happen if I, a foreigner, registered my work and subsequently found it used without permission in the US?  Would US copyright law really provide me with the same protection that it does the country’s own citizens?  Last week I got my answer… Read Jeremy Nicholl’s advice here.
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US Court Rules:

  • If you have registered your work before infringement, you can collect Statutory Damages plus attorney fees.
  • If you registered after infringement, but before filing suit, you can only sue for Actual Damages – which you have to demonstrate.
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Where to  Register?

Canada:
online to the Copyright Office, Canadian Intellectual Property Office Web site http://www.cipo.ic.gc.ca (fee Can $50)

USA:
online to the U.S. Copyright Office, via the Library of Congress
http://www.copyright.gov (fee US $ 45)

United Kingdom:
online UK Copyright Service
http://www.copyrightservice.co.uk (online registration are £39.00 for 5 years or £64.00 for 10 years per work.)
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An attorney is not necessary at all, to register your manuscript – or several, in the case of a blog or a series of short stories, which you can register as one work.  Try to register images also as a series / one file.  Register on-line (which is cheaper) or by snail mail.
Copyright registrations become effective the day on which application and payment are received at the office, but it may take several months (currently between 8 – 13 months!) until you receive the certificate.

More regulatory sources for USA, Canada and the UK:
Copyright Portal
Canadian Guide to Copyright
UK Copyright Law

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Aiming for a Movie Deal for Your Book?

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Book-to-Movie
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Admit it:  As an author you are dreaming of a movie deal. You might think getting a book deal with a publisher – don’t think getting a movie deals is easier!  Here are some beginner insights into how movie deals work. Check out the links for more. Movie rights are part of sub rights or subsidiary rights – even so these rights are hard to sell. And if you get a foot in the door: Almost all production companies and film producers offer first an option for a film.
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What exactly is an option?
Fred Rosen explains what options are: “It is a rental. A production company or studio reserves the right to make your work into a film, MOW or TV show for a specific length of time. In the past, the standard option was for a year, with two renewable one-year options. Taking advantage of the recent recession, producers have now been able to negotiate the first option to 18 months. Regardless, each time a company picks up the option, you get paid just for sitting on your movie rights. In the meantime, they’ll try to secure the money to make the adaptation and get someone to write the script (though it probably won’t be you—Hollywood prefers to use its own writers to adapt work).”

He furter explains: What can get optioned?
“Just about anything. Published novels and nonfiction books. Magazine articles. Short stories. Unpublished work can break through, too, when someone who has a connection with a production company discovers something and passes it on (Frank Capra based It’s a Wonderful Life on an unpublished short story by Philip Van Doren Stern). But you should generally focus on getting published first—because the print imprimatur still demands the highest price when optioned.”
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How much is an option worth?
“Options start at $500 and go up. In today’s market, $5,000 and more is excellent. It’s impossible to offer an average because it depends on so many factors, the most important being how much the production company wants the work.”
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Do I need a film agent to make the option sale?
Rosen says: “Generally, yes. If you have a literary agent, look at your contract and see if the agent gets points for a film sale; if so, encourage her to send your work to a film agent she’s familiar with (the two will split the commission). If you don’t have an agent, it’s fine to query film agents directly. They’re always looking for salable stuff to pitch to Hollywood. Be straightforward in your pitch: Briefly summarize the work to be optioned, where it’s published and your bio.”
Read all of Fred Rosen’s tips here and get an idea how much you might earn.
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Tips by John Kremer
“Most movie deals involve as many as a dozen decision makers. One of the best ways to get a movie deal for a novel (I presume your book is a novel) is to target the A-list actor or actress who would be the best person to play the role of your main character. Many A-list actors have their own production companies or in-place deals for a certain number of movies – and can sometimes (not always) pick which movies they’d like to be in.
For most movie deals to get completed, though, there has to be key actors, a director, a screenwriter, and a producer committed to the movie. That’s why 90% of potential movie deals never get completed – because the package can’t be put together to sell the investors on funding the movie.
Of those four key pieces, the easiest to target is the actor or actress, because most non-industry people know what movies have been made by actors and actresses. Plus it’s generally easy for a novelist to picture who should pay the key role or roles in a movie made from their novel.
How do you get in touch with the actors you’ve identified as potential role players? You can try through their management company (agent or manager), via their personal website (if they have one), or sometimes even via a tweet to their @profile on Twitter.
But probably the best way is to use your connections to see if someone you know knows the actor you want to reach or the best friend of that actor or a close relative, etc.. Once you’ve located a connection, ask them to get you a personal introduction to the actor. Not just a kind word, or a token email, but – if possible – an in-person introduction.”
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Tips by Courtney Carpenter
“If you don’t have an agent, and have no contacts in the business, you can still market your script on your own. Before you try, however, take one preparatory step: Register your script with the Writer’s Guild of America. Registration provides a dated record of the writer’s claim to authorship and can be used as evidence in legal disputes about authorship.”

If you want to break into television:
“It’s generally not a good idea to write scripts for a series of your invention. Full-time, experienced, professional writers earn monumental salaries doing just that; why compete with them? Instead, tape several shows of an existing series. Watch them repeatedly. Learn who the characters are, how they would behave in a situation. One writer even advised typing up the script as you watch an episode to help you understand the flow of the dialogue.”

“Also watch the credits of a TV show you enjoy, noting the names of the producers. You can write to them, asking them to read your script. While the number of scripts bought from freelancers in television is small, it does happen. After targeting a show, write polite query letters to producers or story editors – usually people who rewrite scripts and deal with freelancers), explaining your fondness for and familiarity with the show and your desire to send a spec script. Then, even if your script is rejected, it may be a good enough calling card to get you invited to pitch other ideas to the producers.
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Mark Terry cautions:
“Movie contracts are a byzantine mess and unless you have an agent who specializes in movie contracts, your agent might suggest hooking up with a film agent or entertainment attorney, who will either get a flat fee or perhaps another percentage ….”

“What you do have to do is to watch out for production companies that want to have an option dirt cheap or hold on to the property for an unreasonable length of time.”

However, he has also an interesting story to tell about the movie rights / options for: “Catch Me If You Can.” That book was optioned about 20 times before Spielberg made the movie with Tom Hanks. The author commented it was great, he kept getting about $20,000 per year for a book that wasn’t really selling any more.”

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Q&A by Warren Adler:
Just a few samples of a long list of questions and answers / tips by Warren Adler

QUESTION:
If I wanted to sell my book rights to Movie producers, How would I go about doing that?
Warren Adler answered:
You would have to get yourself a Hollywood agent who believes that your book has a shot at a movie deal. Unless you are plugged into that world, have an agent or a book that has attracted some interest, your chances are pretty slim. Unfortunately there is no direct path to the movie world unless you happen to know actors, producers, directors and those deeply involved who can get a movie made.

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QUESTION:
I have inherited the film rights to a world famous, best selling (on Amazon) science fiction novel. While I realize the worth of the property is only what a studio is willing to pay, I’m wondering what is a good starting point in the negotiations? I’m not interested in back-end royalties, ancillary merchandising, or alternate distribution modes, but rather a 1 price, get it over with deal. Is $5 million totally absurd? $3 million? Are there other avenues to explore outside the Hollywood morass?
Warren Adler answered:
I would suggest you find a Hollywood agent who is willing to negotiate a deal. Before you start counting numbers you had better see if the interest matches your expectation. There are numerous lists on the internet of agents, producers, actors and others in the movie business.

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QUESTION:
I wrote a book ten years ago based on a real event–a horrific mass murder that occurred in GA in the 1800s. It sold extremely well but is now out of print. (It is considered a rare book on Amazon). Recently a screenwriter tracked me down and says he wants to convert my book to a script for movie. After the book went out of print I did not renew my agent’s contract. I have no idea who this screenwriter is and how to negotiate. I have no intentions of signing over the rights to just anyone. Any advice?
Warren Adler answered:
Get a lawyer who deals with intellectual properties. Never give rights away. It may be the screenwriter is willing to pay,( even a modest amount might do it) with a big bonus at the back end if he sells the script for a production. Put a time limit on it. Say a one year option, renewable for another year. If he wants the rights for nothing, walk away. It doesn’t matter if the book is out of print or not, its still your property. As for the agent, he could make a claim depending on the old contract. A lawyer will know. Try to set a price with the lawyer in advance. It could be worth it, since the book’s subject matter, which caught the screenwriter’s eye may have a lot more value than you think.

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QUESTION:
I have written a series of books and the first one has been published. The publisher wrote me that my stories are ‘movie stuff’. How do I go about marketing these books as a miniseries or movies?
Warren Adler answered:
Find yourself an agent in Hollywood. Unless you have personal contacts in the film or television industry, the process is difficult. You might try writing a one page summary of your work and send it off to Hollywood agents, producers, actors, directors etc. There are also numerous scouts out there looking for material. I don’t mean to be discouraging, but unless you are approached the chances of your work getting noticed can be a labor intensive chore. Of course, you could get lucky and find in your networking or readership base someone who might get you to a producer.

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QUESTION:
Recently my novel “The Family Bones” came out in print. Today, I received two separate letters, one from a major film company, and another from a major agency in Los Angeles inquiring about movie rights for my book. I am astounded. I referred them both to my agent, but what would you suggest is the going rate. These are both legitimate contacts.
Warren Adler answered:
There is no going rate. If its a producer with a studio deal the chances are it will be more than an independent would pay. They’ll probably ask for a one year option with renewal terms. Get as much as you can and be sure your agent knows how to negotiate with them. They will option thousands of books and very few will get made. It is indeed a leg up, but you are dealing with seasoned hustlers and you must protect yourself.

Dozens and dozens more questions and Warren Adler’s answers. Check them out! Interesting reads. BTW: Warren Adler is the author of the famous movie: “The War of Roses”.
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Now, what’s an author to do?
First of all: BE PERSISTENT! Don’t stop to send out queries. Know that it is not easy to get a movie deal. Read and research everything you can find about movie rights and contracts. Perfect your query letter to movie editors, directors, A-class actors and producers. Explore each avenue and if you get an offer, first google this company carefully, together with the word complaint. Do use the help of a movie agent and a contract lawyer, at least for your first movie contract, even if it takes a percentage of your option.

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Tagged: Book to Movie, Fred Rosen, how to get a movie deal for your book, how to query a director, John Kremer, movie deals, Warren Adler


Outsmart Thieves of Your Content – Part 2

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Caution-Slippery

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Does your book / website / blog contain your own images?

Photographer Jeremy Nicholl wrote a great blog post about his own experiences with copyright infringement and created a 10 point plan to follow.  Anyone can register written words or images at the US Copyright office, and does not need to live in the States.

Jeremy lives in Moskau, Russia, but thank goodness registered his images in the USA – and it paid handsomely for him. He advises: “Register your images at the US Copyright Office. The country may be a Berne signatory, but in practice the USA has a dual copyright system: major protection and zero protection. Unregistered images get the latter: lacking the option for punitive damages and legal expenses it’s financially impractical to chase infringers, and they know it!  Registered images carry the potential for $150,000 compensation per infringement plus legal costs: so what’s to think about?”

“Your small-time infringer may be a bigger player than you think. At a casual glance my infringer was a cuddly-looking blog: indeed its sister site was once caught heisting an image from Flickr, and when the owner complained people told him “lighten up, it’s just a blog”. But a few seconds research revealed that both sites are owned by one of the world’s largest media companies, which bought my infringer’s site a few years ago. The price? Ten million dollars. And that for a site so cheap that I caught it swiping images from iStock rather than pay the $1 asking price.”   Read his great blog post (and some very useful comments) on his site jeremynicholl.com
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Photographers no longer need to heavily blemish their work out of fear of theft on the internet. The technology exists to find commercial infringements. Two website tools will help you – for free:

Google Images
You can find a preexisting copy of your image. Just select “Similar Images” to find other copies that may exist.

Tineye 
It is also a handy tool but if shows more international websites/blogs, rather than commercial US infringements through their software.

It is very important to have at least one noticeable watermark on the image. Add a “© and your photographer name” in font size 10 in the lower right or left corner, which is non-invasive but still states clearly the copyright.
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Claims in US Courts:
Sure, your manuscript has copyright from the moment you put “pen to paper.” However, if you did not register your copyright officially – or after the infringement happened – you can only sue for “Actual Damages” – not so easy to demonstrate! Invest $35 in your book or photograph and obtain a registered copyright. You will then be able to command a higher claim from an infringer: you can collect “Statutory Damages” plus all your Attorney fees:

  • If you have registered your work before infringement, you can collect Statutory Damages plus attorney fees.
  • If you registered after infringement, but before filing suit, you can only sue for Actual Damages – which you have to demonstrate.
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Necessary Content of Copyright Notices in Your Book:

  • The symbol © or the word “Copyright”
  • The year of first publication of the work
  • The name of the owner or creator

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Where to Register?

Canada:
online to the Copyright Office, Canadian Intellectual Property Office
(fee Can $50)
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USA:
online to the U.S. Copyright Office,
via the Library of Congress (fee US $ 35)
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United Kingdom:
online UK Copyright Service
(online registration are £39.00 for 5 years or £64.00 for 10 years per work/package)
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An attorney is not necessary at all to register your manuscript. You can register on-line (which is cheaper) or by snail mail. Copyright registrations become effective the day on which application and payment are received at the office, but it may take months until you receive the certificate.
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Infringers might use “fair use” to their defense.

Are you familiar with the term fair use? Just because they provide attribution and/or a link back to the original doesn’t mean they are free and clear. Fair use has nothing to do with attribution.

A good example of fair use of an image to use online is product reviews. If you want to review a book, a new piece of technology, a food product or whatever widget, you will likely want to include a photo. Other reasons (e.g. for written content) could be for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research.
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Fair use means one is allowed to infringe on someone’s copyright and you can’t do anything about it. If their use is covered by fair use, they even don’t have to provide attribution (although it would be nice). The question is:

  • Why are they using the image/text?
  • Did they transform the image/text?
  • Use for commercial or non-profit purposes?
  • How much of the image/text are they using?
  • Effect of the use upon the potential market for or value of the copyrighted work

Read more about fair use at the SocialMediaExaminer
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If you would like to get help in all things publishing, have your book heavily promoted and learn how to navigate social media sites: We offer all this and more for only a “token” of $1 / day for 3 months. Learn more about this individual book marketing help: http://www.111Publishing.com/ Once you are on this website, click on Seminar to register.

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http://bit.ly/VmtVAS 111Publishing @ Google+

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