A Case for Copyright

By Mark W. Danielson

Certainly, the most important aspect of writing is for an author to register his or her work with the Library of Congress. Doing so copyrights your work and, in theory, protects you from infringement and plagiarism. The process has never been easier since it can be accomplished on line at: http://www.copyright.gov/forms/ For a mere thirty five dollars, your work is instantly protected. Your confirmation letter will come via snail mail.

But make no mistake about it, a copyright is not a guarantee. The high-profile case of author/Claimants Michael Baigent and Richard Leigh versus author Dan Brown and powerhouse publisher Random House proves this. You see, Baigent and Leigh had filed a non-textual infringement suit against Random House claiming that Brown’s The Da Vinci Code was inspired by their non-fiction book, The Holy Blood and the Holy Grail (HBHG). The law suit eventually made its way to the high courts where it was heard before Justice Smith. Unfortunately, this case didn’t bode well for the Claimants. Here are some excerpts from Justice Smith’s 51 page report and the OUT-LAW News report on Why The Da Vinci Code Lawsuit Failed. (10/04/2006)

While Baigent and Leigh acknowledged that copyright should not protect against the borrowing of an idea contained in a work, they argued that their book consisted of a sequence of connections no one had previously made. Among them was that the Holy Grail was actually a metaphor for Mary Magdalene rather than a physical artefact. According to the Claimants, Dan Brown copied this conjecture along with 15 other key points that formed The Da Vinci Code’s “central theme”.

Justice Smith accepted that "the facts and the themes and the ideas cannot be protected, but how those facts, themes and ideas are put together … can be." He later added that, "It must be shown that the architecture or structure is substantially copied."

Drawing on other cases, Justice Smith observed, "When a book is put forward as being non-fictional and contains a large number of facts and ideas, it is always going to be a difficult exercise in trying to protect against copying those facts and ideas because they cannot be protected. It is the effort and time that has gone into the way in which those ideas and facts are presented that is capable of protection."

Later, Smith added, "It seems to me … that the Central Theme is not a genuine Central Theme of HBHG and I do not accept that the Claimants genuinely believe it as such. In my view, it is an artificial contrivance designed to create an illusion of a Central Theme for the purpose of alleging infringement of a substantial part of HBHG."

The one central theme that Justice Smith did identify in HBHG was the merger of the Merovingian bloodline with the Royal Bloodline of Mary Magdalene. "As such, it is self evident in my view that is an idea which is of a too general level of an abstraction to be capable of protection. Nor is there any architecture or design in HBHG if that were the theme which can be said to have been appropriated. The Claimants simply do not reveal how they came to their idea or conjecture as they prefer to call it. It not being revealed, it cannot be appropriated."

Lee Curtis, an intellectual property specialist with Pinsent Masons, the law firm behind OUT-LAW.COM, said the ruling came as "no surprise to lawyers and authors." Pointing out that copyright protects the expression of an idea, not the idea itself. Curtis added that, "Brown didn't infringe copyright in the earlier book, he just created a new expression of its idea."

Now, here’s the kicker: As a result of this law suit, Baigent and Leigh face paying their own legal costs plus 85% of Random House's legal costs. Their total bill has been estimated by The Times at £2 million. Clearly, there was no divine intervention in this case. I don’t know about you, but I certainly can’t afford this expense.

So, what can authors learn from this? That a copyright can protect you from infringement, and that your chances of winning a suit against someone who you perceive has created a smilar novel is slim. Interestingly, this has happened to me twice now. First, in my novel whose central theme paralleled the movie Swordfish. In this case, I chose not to seek publication because I may have been accused of infringement, even though my copyright was registered long before the movie came out. Second, a year after my Diablo’s Shadow novel was released, another book was released with a strikingly similar plot. Here, I chose to ignore it.

The bottom line is authors can certainly have similar thoughts, and as such, can create similar stories. What sets them apart is the author’s ability to convey their thoughts in a thoughtful and entertaining manner.

My Eyes, My Eyes!

by Ben Small

Momma done told' me I'd get cataracts. Said it was just a matter of time. Said those smoke rings I was blowing around her head, tossed out from pursed lips and settling around her ears like a lasso around a steer, would come back to haunt me. Mom wasn't being nasty, just looking for non-smoking leverage, even though she was a smoker herself and ended up dying of smoking-related causes.

So, yeah, I got 'em. Cataracts. Got 'em a bit earlier than I expected. Another nice side effect of Rheumatoid Arthritis, I'm told.

"You're too young for cataracts," my doctor said, smiling of course, as he'd be the principal beneficiary of the diagnosis. But I'd already come to realize the inevitability of his diagnosis. Cataracts grow slowly, most times, but grow they do, spreading a translucent drop-cloth over my eyes, clouding and blurring my vision. Got so bad, I couldn't read road signs when I sat in front of them, all in a matter of months.

So off to the doc I trudged.

I'd never researched cataracts, just assumed the removal would be simple, like carving off a thin slice of apple with a razor blade, so of course, I was terrified, which is why I hadn't researched them in the first place.

Don't like reading about stuff like that. Squeamish. Can't get through House some episodes. Call me a baby; you won't be the first.

So this doctor was gonna knock me out, stand on my shoulders, stick some sort of de-plugger into my eyeball and yank. Then, once the lens was gone, he'd stand on my shoulders again, grab some industrial-sized plunger and jam some new lens into its place.

A writer. Active imagination, you know.

Well, the surgery was nothing like I feared. First of all, it only qualifies as "surgery" because there's a pin-prick. After that, it's pound, suck and blow.

What?

Ultrasound. The prick doubles as an ultrasound shaker and a suction/blower, which first breaks up the cloudy lens like a crushed crack, then sucks it out before finalizing the procedure with a whooshed-in new lens.

They didn't even knock me out. Just dripped me some drops of happy-juice. Indeed! I was so happy, I chattered through the whole procedure like the nurses, doc and staff had all grown up with me.

There was no pain, none at all, not even a twinge I could inflate into a blazing story of bravery under fire. Sure, there was light, even pretty colors to stare at during the surgery. But no stars, no burning, no loss of sight at all. The only thing I felt was a slight pressure as the new lens was pushed into place. Pressure, like when I rub my eye over some imagined itch. Ten minutes after we started, the surgery was over.

I was waiting for it to begin. Thought the slight pressure had been the doc's first touch. I said, "That it?" thinking, Time to brace? 

"Yes," he said, "you're done."

Huh? What? 

Where was the pain, the blood, the bruising -- all the horrors I'd been anticipating?

Well, there weren't any. No big deal. Nothing to even write home about. No stories of courage demonstrated I could relate to my kids or to my granddaughter for years to come. Nothing. 

What could I whine about? Having to put drops in my eyes for a week or two? Hardly a test of character, of my endurance and bravery under fire.

My granddaughter would fall asleep as I relayed this heroic epic.

But I got a choice of lenses. Cool.

I selected a specialty item: extreme far-sighted lenses. A shooter, you see. Don't want to lose the beer round at the range. So now, when my eyes stop gobbing up with the various drop-goos I'm forced to apply, I'm assured of spotting bugs on the underwing of an eagle at three thousand feet. Heck, I'll be spotting my wife flashing her credit card from across the mall.

I'd drop my momma a note if she were still alive. Tell her those cataracts were no big deal. But I can't yet see. Too much goo in my eye. Besides, I'm too worried about the second eye procedure.

Maybe the first one was the easy one. Maybe all the pain, the blood, the bruising are all associated with the second eye. Maybe they'll break out the de-pluggers and plungers this time around.

My god! Why didn't Momma warn me?

Entertainer or Philospher?

By Chester Campbell

It may be a bit simplistic, but basically that's the question we face as mystery writers. Do we want to write stories that keep the action going and entertain the readers, making them frantic to turn the next page? Or do we want to philosophize a bit, educate people as to what's wrong with the way life is going on about us? Sure, some writers do quite well combining the two. Betty Webb created quite a stir in Arizona and Utah with her novel about bigamy among a Mormon sect.

I consider myself a pure storyteller, an entertainer, if you will. A  little philosophizing might creep in on occasion, but it's never the central theme. In the first Sid Chance mystery, the case involves a toxic chemical spill behind a small plant. Sid, a former National Park ranger, is concerned about the environmental impact and interviews people who have suffered from the water contamination. However, he spends most of the book chasing down the people responsible for the spill.

My characters deal with the emotional impact of murder and such personal characteristics as greed, hunger for power, and total disregard for the welfare of others, motivations that lead to mayhem. In the new book, A Sporting Murder, Greg and Jill McKenzie are grieved by the slaying of a young German friend. Gambling plays a key role in the story, but I deal with it only as it relates to tracking down the killer. I don't have my characters fretting over whether gambling per se is good or bad.

A little enlightenment on a particular problem is okay by me, but I prefer mysteries that deal with raw emotion, putting the protags in peril and letting them claw their way out of the corners I lead them into. I'll leave the philosophy to the literary types who like to spend page after page telling us all about the characters and how they got themselves into whatever mess they're dealing with.

If readers see one of my stories as a microcosm of some larger social problem, great. It just means I told a good story. And for a storyteller, what more can you ask?

Visit me at Mystery Mania

Old Wine, New Bottle by Mark Troy

My first novel, Pilikia Is My Business, has just been released in ebook format and soon in trade paperback.

Pilikia was originally published by LTDBooks as an ebook followed by trade paperback in 2001. LTDB was in the vanguard of ebook publishing when ebooks were a miniscule segment of the market and the only device was the Rocket ebook reader. I have to give LTDB credit for foreseeing the future. Unfortunately, the company didn't survive to see their vision become reality. When the  company went out of business in 2005, all of the rights returned to me. I did publish it in the Kindle store, but held off doing any big release until the time was right. Now that the iPad is here, I believe the time for a re-release is now.

The cover needed an update. I wanted something that would stand out among all the little thumbnails in the iBookstore, so I contacted David Shackelford, a comic book artist. Shackelford was easy to work with and reasonably priced. Okay, his bid was far and away lower than the other graphic artists I contacted. So, if you are looking for a cover artist, I highly recommend David. You can check out his work here: http://www.idrawbooks.com/

Pilikia is currently available in the Smashwords store http://www.smashwords.com/books/view/25474. I hope to have it in the iBookstore and Kindle store soon. After that, it will be published in trade paperback.

This new edition is published by Ilium Books.

Here's a tip for those of you making your own covers. To make a barcode for your ISBN, go to http://wolframalpha.com and enter "ISBN barcode" followed by your ISBN into the search window. Wolfram will produce a gif of the barcode instantly.

Mark Troy
Hawaiian Eye Blog
My website: http://www.marktroy.net

What are Your Writing Goals?

For some, I know the answer is to get published. Achieving that goal is easier than ever these days--there are so many more small publishers out there than ever before, if you have a good manuscript you'll probably be able to find a good match for it.

If you are already published, is making a lot of money what you're hoping for? I know there are some mystery writers who do very well financially. Unfortunately, the percentage of those compared to the rest of us is small.

When I add up how much I spend attending conferences, attending book fairs, and paying for things like transportation, food and lodging when I'm away from home, tools of the trade (computers and printers because yes, they do break-down and need to be replaced), and other writing expenses, I must confess these all come to a much higher total then my royalties and the books I've sold on my own.

So what is my writing goal? If it was just to make money, I lost out on that a long time ago.

Because I can't seem to help myself when it comes to writing, it's a habit or maybe even an addiction that I can't quit, then I have to look a bit farther to see what my goals really are.

First, to finish whatever book I'm working on and to make it the best I possibly can.

Second, to have a good relationship with my publishers. (Believe it or not, I've been reading lately about authors who actually have been making derogatory remarks about their publishers on-line. How dumb is that?)

Third, to promote each book when it's published to the best of my ability and in as many different ways as possible.

Fourth, to have become friends with people who read my books even if it is only an online friendship. (This is something that was not possible in the past, but so much easier to do nowadays with the Internet.)

Fifth, to be helpful to other writers when asked. I love to spotlight other writers and their books on my own blog: http://marilynmeredith.blogspot.com

Okay, that's five goals. And, to be honest, sure I'd love to be making lots of money with my writing. I wouldn't mind having someone love one of my books enough to option it for a movie. It doesn't really matter though, no matter what, as long as I'm able I'm going to keep on writing.

So, tell me, what are your writing goals?

Marilyn
http://fictionforyou.com

How Will You Publish? by Morgan Mandel

Now that you have more freedom, how will you publish? Will you go for Kindle, as David Morell is doing?

Are you self-publishing in other e-book formats, or maybe in print on demand?

Will you submit to a traditional publisher, or maybe you already have and your book will be out soon? If so, will it also be in ebook forms, including Kindle?

Are you going print on demand with a small publisher with or without Kindle/ebook?

So many choices. What's yours?

Advice From Freelance Editor Helen Ginger

Helen Ginger is a freelance editor based in Austin, Texas. A book consultant and writer with three nonfiction books to her credit, she hosts a popular blog, Straight From Hel. She also teaches public speaking as well as writing and marketing workshops. Her ezine, Doing It Write!, goes out to subscribers around the globe. It's now in its eleventh year of publication. She's also an owner/partner and the Women’s Marketing Director for Legends In Our Own Minds® as well as serving as executive director of the Writers' League of Texas from 2003-2005.

Helen, what have you found to be the worst mistakes writers make, whether novice or experienced?

A common mistake novice writers make is to start the story by settling the readers into the book’s “world.” For example, the writer puts us into the head of John who’s in Cabo San Lucas on a fishing excursion. He’s sitting at the back of the boat, fishing pole in hand, waiting for a tuna to latch onto his bait. His best friend, Jack, stands beside him. They watch the water and talk about how long John has wanted to go on this trip and how they’ll ship the tuna back to the States. John anchors the pole and walks around the deck to loosen his tense muscles, then grabs a beer before buckling himself back into his seat. They stare out at the water frothing behind the boat and John licks his lips, tasting the salt in the air.

By this time, readers have fallen asleep and agents have already tossed aside the manuscript. Sure, all that lets your readers see the setting, smell the water, know John, but what good is it if they don’t continue reading? It used to be that you had the first chapter to hook your reader. Then it was the first page. Then the first paragraph. Now it’s the first sentence. Okay, I’ll give you the first page to hook us, but from the opening sentence you better give us a tingle that says, something’s going on here, keep reading. By the end of the first page, you want the reader to quickly turn the page and read on.

Writers may not like it when they turn to page 16 and find a note from me that says, This is where your book starts. But that’s better than getting a rejection from an agent that says, Not for me.

What in your background prepared you to edit other writer's work?

Like most writers, I’ve written since I was a child. In college, I double majored with Bachelor degrees in English and in Speech Communication, and a Master’s in Oral Interpretation. I also worked as a grader and assistant for my English prof, Dr. Steadman. It’s easy to see how the English degrees factor into editing. The Speech degrees taught me how to hear the words, not just write them, to understand how sentences are put together to create a flow, a rhythm, and how to construct pictures through words.

In addition to being in many critique groups, both small and large, I started a screenwriting critique group of working screenwriters. Screenwriting is a great way to practice writing dialogue. You have to get down to the core of expressing hidden meaning and coming up with the fewest words possible to convey what you need to get across.

I’ve been editing writers for years. Most of the time working via email. I also have started doing one-on-one coaching for beginning writers.

Does anyone edit your work? And does every writer need an independent editor?

I don’t belong to a formal critique group anymore, but I do have others who edit my work. Several of my friends are willing to read for me. I don’t usually ask them until I feel it’s ready to go to an agent since most of them are published authors who have their own deadlines and projects. I can trust them to tell me what works, what doesn’t, what sucks and what sings.

In my opinion, every writer needs an independent editor. Even best-selling authors have a house editor who bleeds on their manuscripts. Don’t ever think it only happens to new writers. If what you want is someone who will say they love your manuscript and you shouldn’t change a word, you can find someone to boost your ego that way. But when your book comes out with mistakes and problems, you’re going to lose readers and sales, both with that book and future books.

Whether you’re self-publishing or working with a small or big press, you need an editor.

Which types of books do you write and do you travel to promote them?

I have three books with TSTC Publishing. All non-fiction, all in their TechCareers series. Texas State Technical College (TSTC) hires writers to produce books for each career they teach. The research for each book is intense, since the timeline is short and the information broad. Included is the outlook for the career, all the schools in the U.S. that teach that career and what classes have to be taken for the degrees, and twelve to sixteen interviews and profiles with people in those careers across the U.S. and, in some cases, other countries. For each book, I have a four-inch notebook filled with research as well as hours of tapes.

I started by contributing interviews and profiles for Biomedical Equipment Technicians, then signed on to do three on my own: Automotive Technicians, Avionics, and Computer Gaming. My name is on the books, but I receive no royalties, since these were Work for Hire books. Although I don’t travel to promote them, I’m proud to have them on my bio and website.

Advice to aspiring writers?

Three things: Write, Learn, Share.

To be a writer, you have to write. If you can do a thousand words a day, write them. If you only have time to do fifty words on the train to work, write them. If you have no time to write, turn off the TV … and write.

To be a published writer, you have to learn. You have to learn to be a better writer, through practice, advice, editing, classes, tutoring, critiques, books, reading, mistakes, and successes. You have to learn to promote yourself. That means developing a platform, before you’re published, and building an online presence through a blog, a website, and social networking sites, and expanding your bio with contest wins, or published short stories and articles, or other ways to build your credibility. You need to be filling folders on your computer with information you gather about agents and small presses, bookstores and libraries, online sites, and other bloggers who can help you when you need to put together a virtual book tour.

To be a selling writer, you have to share. Yourself. Your time. Your knowledge. You share via your blog or your comments on other blogs. It’s a win-win. You learn as you share. And those you share with learn from you and about you. The more someone knows and connects with you, the more likely they are to buy your book when it comes out. At the same time, you’re meeting new friends, people who can help you, not just by buying your book, but possibly recommending an agent or an editor, or offering to read your manuscript or write a blurb for you, or encouraging you when you’re down and having trouble writing.

Do these things now. Don’t wait until that magical day in the future when you’ll be published. Develop relationships and skills as you grow from an aspiring writer to a best-selling author.