Showing posts with label copyright issues. Show all posts
Showing posts with label copyright issues. Show all posts

Friday, May 2, 2025

What Can Be Copyrighted

 


I don’t know how many times I must say this, you can copyright almost anything CREATIVE. But keep in mind that copyright doesn't cover ideas, facts, or methods. It only protects how those ideas or facts are EXPRESSED. For instance, you can't copyright the idea of a 'dinosaur,' but you can copyright a drawing or a story you created about one. If an author uses an AI editor to help polish their writing, their books are still eligible for copyright because it's their original story, even if AI played a small role in editing. For those who know, Word-Doc has Co-Pilot a built in AI editor for writers, which might surprise some, but it's true. It comes with a subscription of 365 Word.

I have my own thoughts on AI and copyright. Honestly, I’m not too concerned about what other writers choose to do. You can absolutely copyright your work, even if AI played a small role in the editing process. Ultimately, the story is still the writer's creation. I'm currently working on a Time Traveler’s Companion, and I use Co-Pilot for some of the editing, but since it’s primarily my own writing, it’s taking me a while to finish the novel. I started the book in 2023. Yes, you can copyright almost anything creative. However, names are not copyrighted, you cannot copyright your own name unless it's a very unique name. Please do comment if you wish but keep it civil, I look over comments before approval.


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Thursday, August 27, 2020

First, Second or Third Person Narrative

 




Let’s talk about First person, second person and third person narrative.

First person narrative is a point of view (who is telling a story) where the story is narrated by one character at a time. This character may be speaking about him or herself or sharing events that he or she is experiencing—the use of first-person pronouns. Many stories and novels are written I the first-person point of view. In this kind of narrative, you are writing the character’s story by their perspective. You are writing their story through their eyes.

 


 Example: “I left my keys on the kitchen counter but now I can’t find them.”

Second Person Narrative:

  Second-person point of view belongs to the person (or people) being addressed.

The biggest indicator of the second person use is pronouns like: you, your, yours, yourself or yourselves.

Example: “If you eat these fruits you will find that your health is much better to combat illnesses.”



A self-help book is written in a second person narrative. There are a lot of self-help books out there and when you buy one, you’ll see the narration and how it’s written. These books are a dime in dozen and the writer is addressing the reader when they write.

 



Third Person Narrative:

The third-person point of view/narrative belongs to the person (or people) being talked about. The third-person pronouns include he, him, his, himself, she, her, hers, herself, it, its, itself, they, them, their, theirs, and themselves.

 Example: “Candy used her paycheck to buy herself a new dress.”

 Most popular books are written as a third person narrative but let’s talk more about first person narrative for a bit.

It is easy to write a book using first-person narrative/point of view. Take a look at Twilight and Fifty Shades of Grey, all of those books were written as first-person narrative.

Easy? Yes, the author publishes his/her book quicker, and are capable of producing several books within 6 months. Most of my books are written as a third person narrative, only The Secret Diary of a Gypsy Heart and Saints and Sinners: Affairs of the Heart are written as first-person narrative. My book Chandra’s Quest Book 1, the 2002 version, was written as a first-person narrative but when I decided to re-write the book, I chose third person narrative instead.

 Author’s that write as a first-person narrative, usually use what they know about the subject they are writing. Sometimes they will use personal experiences in their life and will use fractions of those experiences in their books.

  One of my sons told me that someone they know wants to write a book using first-person narration and use actual names of people he/she knows. Well, you cannot copyright your own name, or titles, or ideas, names are not copyrighted. The person who wants to write a fiction book can make subtle changes to the characters, like hair color, eyes, the character’s place of employment, relationship with other people or where they live. Making subtle changes can help avoid confusion and grievance.

Again, I want to state that names are not copyrighted. You cannot sue an author for using your name in his/her book. It would be considered frivolous and will not hold up in court, not even small claims. Food for thought.

The link below will give more info.


My books:

Saints and Sinners: Affairs of the Heart

Secret Diary of a Gypsy Heart

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Thursday, August 1, 2019

How Long Does a Copyright Last?




I was asked this question several times. It’s not that hard to search for info on the subject but when your written work is questioned in whether you have copyright papers or not, I need to emphasize that everything you write and publish needs to be copyrighted. I’m not talking about fanfic, or blog entries, only books you plan on publishing. A few years ago, CreateSpace wanted proof that in the company of elves was my written work, and that I did not steal from that other author, Sandie Bergen. Really? I do not know that author, I only know that she used the title, In the Company of Elves for one of her books and it was in recent years that she wrote and published her book. February 1, 2016. Her book is a part of a trilogy, whereas my book, is a single novel. By the way, the author died in 2015. Just noting.



 As for my book, I originally published it in 2009, then revised it and published it as paperback in 2018 but published it as eBook in 2017.


2009


2017

 I came up with the title back in 2004, and started writing the book so yes, I have copyright papers for it. I had to prove my book was mine and by showing CreateSpace the copyright paper for the book, all was cleared.



After I researched the length a copyright for written work last, well I was amazed! This is what I came up with:

*The duration of copyright in these works is generally computed the same way as for works created on or after January 1, 1978: A copyright lifespan is 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.

What happens to the copyright when an Author dies?
In modern US copyright law, for works made by individuals (not works made by corporations), works are protected for the author's entire life plus 70 years. In the U.S. and Europe, copyright lasts for the life of the author plus 70 years. When an author dies, the ownership of the copyright changes. So, ownership in a copyright can be passed to an heir or to a third party via a will.

And that is why I say get a will and last testament set up.



I want to tell you that when you copyright your work, it will cost you. Digital copyright registration will run you $55 each written work. They will send you the paperwork through regular mail. However, if you're filing for one creative work and you're the only copyright holder, it only costs$35. Paper filings have $85 copyright fees.

I suggest spending the $85. You download and print the paperwork, fill it out, sign your name on it and send it to the Copyright office. I know, $85 can be quite a bit for some people but in the long run it’s worth it.  

Side note: Copyright your written work. I want to add that titles can’t be copyrighted. Copyrights cover works fixed in a tangible format, but because titles are typically short, they don't fall under copyright protection. So no, you can't copyright a title to a book, song or movie.



That is why when you search for a specific title on Amazon or other online bookstores, you might find various similar titles, but the content is not the same as what you’re looking for. I was searching for, Stranger Things, just to see how many books were out there with a similar title and wouldn’t you know it, I found many. So instead I decided to call my book, The Stranger Things: Paranormal, Supernatural and Unusual phenomenon, instead of Stranger Things: Paranormal, Supernatural and Unusual Phenomenon.


You can find this book on Amazon, just the eBook version.





Monday, May 21, 2018

Can you Copyright an Idea or Title?



(Can you copyright an idea or a title?)

Copyright protection does not extend to titles, names, slogans or short phrases. You can not copyright your name, the title of your post or any short phrase that you use to identify a work. Ideas can not be copyrighted because they are not fixed into a tangible medium expression. 
However,copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

Section 102(b) of the Copyright Act specifically states: “In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle or discovery, regardless of the form in which it is described, explained, illustrated or embodied in such work.






Derivative works: there can be a lot of gray area between an uncopyrightable idea and an infringing derivative. Example, you can write your own book about a boy wizard and a wizard school, but you can’t use any of the characters from Harry Potter.

What I think: 
well, those rules do not apply to Fanfic, I suppose. If you're writing fanfic, which usually is posted on Fanfic websites, the short stories are not copyrighted. I will post a blog entry about Fanfiction writers in the coming weeks.




I am going to relate an experience I had earlier this year.
I finally published the revised version of my book, In the Company of Elves.  A book I originally wrote back in 2005 and copyrighted and published it with Instantpublishers in 2009. Uploading the revised version  to Kindle was no problem but when I uploaded the file to CreateSpace to publish a paperback version, I received an email from them that my book was suspended until I showed proof that I own the rights to the book. When I called CreateSpace to ask them why my book was suspended, they told me there was some confusion regarding another book by the same title! Another indie/self-published author used the same title. I was surprised and irked but since I had the original copyright papers for my book, I sent a copy of it to CreateSpace.  All was taken care of and the paperback version of my book is for sale. 

The other author's book was published in 2016 under the same title. I already had a book with that same title up on Amazon since 2009. The content of both books are very different, however they are both categorized as fantasy. Her book is a part of a trilogy whereas my book is just one single novel. I assume she decided to use her subtitle as the main title instead of using Cat's Tales as the main title. Confusing isn't it. 




Example:

Chandra's Quest 
Chandra's Quest Book 2: Twisted Embers
Chandra's Quest Book 3: Immortality

I don't know if the author did it intentionally but I did find out that the author has long since passed away. her sister in law takes care of the distribution of the author's books. What the author did does happen. But you can't copyright titles as stated above.


Can someone steal an idea for their own book?

Yes! It happens. My advice to all authors, especially indie/self-published authors, don't post your book's information on your website (especially if you're still working on it) until you're almost ready to publish it. A person may use a title you come up with, that's fine, there are many similar titles on online bookstores, however keeping your idea for your book furtive, helps. We all have a rival who is jealous and downright mean-spirited, who may go to extremes to damage your progress or reputation. Just noting. 

*Can anyone use the idea from a book that you published? Anonymous

Answer: Yes they can, as long as they change a few things, and make it their own. Some writers who write the scripts for actors for certain TV shows, have used ideas from unknown authors. If an author wants to claim that the producers or writers of a show used his/her idea for their script, remember ideas are not copyrighted so basically it's hard to prove. 

What I think: I personally think that if your idea is used in a show or movie, may they link your book as a source, giving the unknown author credit! It can be, "This story is loosely based on a book by," it's that simple. A lot of indie/self-published authors have seen their ideas used in TV shows like the syfy channel.
It is a compliment to have someone like the idea that you used to write your book, however you won't see royalties from it and it's not fair to the struggling writer.






Copyright Certificates

How long is the copyright certificate valid?

*As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.


In conclusion, ideas, names and titles are not protected. To all my fellow indie/self-published authors, good luck and be vigilant with your work. 

Visit my Youtube channel to view recent videos. I made a video from the book Saints and Sinners: Affairs of the Heart. Chapter 3. I plan on making more videos of my books, and I will share chapters from them.

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