Tuesday, August 21, 2018

Indie/Self-published Authors and Why Some People Disdain Them



The landscape of self-publishing has changed significantly over the last decade. Once considered inferior to traditional presses, self-publishing is gaining more attention and earning credibility as a viable way to access unique, and in some cases quality, content. What’s more, the increase in self-publishing has garnered a significant amount of attention from marketing companies looking to capitalize on this burgeoning industry. Major publishers are even jumping on the bandwagon as well, offering independent authors a variety of ancillary services to help market their books. Libraries have begun using self-publishing to reconnect with communities by offering workshops and resources geared towards independent authors.  It is not uncommon for writers to choose the route of self-publishing because the traditional publishing route is difficult, if not impossible, for some writers to enter.



That statement is true! Many self-published authors hit a brick wall when presenting their work to the traditional publishers. Most of the time, traditional publishers don’t look at every manuscript they receive. If their work load is heavy, they will return the manuscript and thus depressing the author, who then decides to forget about becoming a serious author.

NOTE: an author is someone who has published more than one book. It doesn’t matter whether they are an Indie/self-published authors or not, they are still authors. Indie/Self-publishing is probably the only opportunity available to the beginners.

What’s the percentage of certain groups of people from obtaining authorship through traditional publishing routes?

*The number of books published by people of color speaks volumes about the barriers that prevent certain groups from obtaining authorship through traditional publishing routes. In 2017, out of 3,500 books received by the center, approximately 3% were written by African American and Latino authors, 7% were written by Asian Pacific American authors, and less than 1% were written by Native American authors. Therefore, self-publishing is a route that allows writers to share their stories. It also creates an opportunity to be recognized as an author.



Here is someone’s point of view regarding self-publishing.

I Understand that “indie publishing” is all the rage, but despite royalty rates of 70%, I think self-publishing is a terrible idea for serious novelists (by which I mean, novelists who take writing seriously, and love to write). Here’s why.
If you self-publish your book, you are not going to be writing for a living. You are going to be marketing for a living. Self-published authors should expect to spend only 10% of their time writing and 90% of their time marketing. if your passion is creating worlds and characters, telling great stories, and/or reveling in language, you might want to aim for traditional publication. I mute authors whose tweet streams are 90% adverts in the same way I wouldn’t watch the shopping channel. Most indie authors have tweet streams that are 90% adverts, perhaps a reflection of the fact that they must spend 90% of their time marketing. It certainly doesn’t make self-publishing look like the path to El Dorado. Why would I want to join this gang?

What I think: Well, he’s right about marketing however, he’s wrong about self-published authors not taking their writing seriously! All authors take their writing seriously! If they didn’t, they wouldn’t be irked when someone gives them a not so good review! 
There are people out there that just despise Indie/self-published authors, only for the fact that the author did what they could only dream of doing and that is publishing their own book. The self-published author doesn’t just talk about writing a book and publishing it, they went out and did it! They have courage and hope in a sea of vexing haters.


Do most self-published authors consider their writing a career?

The majority do but some are more realistic in the outcome so most have part-time jobs or even full-time jobs.  

Do I see my writing as a career or a hobby?
Well, I see it as a little of both. I do take my writing seriously just like other authors, but I don’t see it as a career. In fact, even some mainstream authors who have gone the traditional way and have published their books, do have a part-time job somewhere. If you did not make a deal with the Devil, like the woman who wrote Fifty Shades of Grey, then more than likely, your royalties will not be a steady steam. I have a part-time job, but I continue writing my books, in hopes that I will get a steady stream one day. All authors feel that way. Just noting.

 Overall, self-publishing may be all the rage, but the writer has a choice. If he/she wants to publish traditionally, then do so, however, more and more traditional companies are going in the way of self-publishing. Giving their audience a chance to read a diverse stream of books written by unknown authors. Some of those books can hide a hidden jewel. Just saying.


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Saturday, August 11, 2018

Writing your Characters Based on a Real Person




You're a writer but fear that someone will see themselves in one of your characters and will sue you. Well here's something to think about.

(Fiction writers fear someone will see themselves in their villains. Memoirists and nonfiction writers identify people by name. Can writers model characters after real people and name names without getting sued?
Yes, with some common-sense limitations of course.)



We all know that some people just don’t like getting called out in someone’s book. If you plan to base one of your characters on a real person, here is what is permitted:

   In the United States, a person’s Right of Publicity is balanced against the creator’s First Amendment rights. The First Amendment usually wins unless the work is purely advertising, including political advertising.
Expressive Use: Using someone’s name, image or life story as part of a novel, book, movie or other “expressive” work is protected by the First Amendment, even if the expressive work is sold or displayed. Therefore, using a person’s life story as part of a book or movie will not be deemed a misappropriation of the Right of Publicity.



  That’s right! If I wanted to write a memoir based on actual events and people, I have the right to do so, but to protect myself, I would only distribute the books to family members, whoever wants a copy. I will not sell my memoir online. 
In addition, I probably would categorize my book as an unauthorize biography. I am not rich, so it is less likely that I will get sued by a family member or friend. Wait, maybe a hater but---that's if they get a hold of a copy of my memoir.



Let’s be real, you wouldn’t give a copy of your memoir to your enemies or a disgruntled relative that has issues with you, right?





As for using someone's name in a fiction book, well names are not copyrighted and if you change a bit of the character in your story, those who oppose you won't have anything to hold against you.

 Please do look at my previous blog entry: What to Know about using a Person's Name in your Book,  for more info.


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What You Need to Know About Using a Person's Name in Your Book




Using a Person’s Name in Your Written Work

* When you write a person’s name into your book in a positive or even neutral manner, you don’t have defamation of privacy issues. However, if you characterize them as a shady and repugnant character, then you might have a problem. It depends of course, if they know about it.



Yes you can! There are countless books written by indie/self-published authors that are published every month of every year. Most are shuffled under mainstream books and are not seen as often, so the notion that an author’s book might be spotted by someone who the author knows personally and has used his/her name in it, is slim. Unless of course, the author made it obvious and linked that person's name to the book somehow.

 If you use a REAL person’s name in a positive or neutral manner, there’s no problem or there shouldn’t be. However, if what you wrote is identifiable and can be seriously damaging to their reputation, then you run the risk of defamation and privacy issues and might get sued in small claims court. Why a small claims court? Because that's as far as it will go.



Here is my experience with a problem involving defamation:

Back in 2006, I had a website where I shared online stories. Back then, GeoCities was a part of Yahoo and I took advantage of it by posting SOME my written work on a free webpage I had. I didn’t know at the time that a ‘certain’ someone was stalking me online. She was a Hater, my husband’s cousin’s wife.

NOTE:  I use the word, WAS because she passed away.

  Let’s continue: Back in 2006 I posted a short story called Twisted Embers. 

(Not the same as Chandra’s Quest Book 2: Twisted Embers.)



 The short story was a BDSM/erotica. I used the name of a prominent person in my small town. I thought he’d be perfect as one of the main characters, he was handsome and distinguished. The main character got involved with him, romantically and the rest you can imagine what went on in the short story. It was the first time I wrote an online short story in reference to BDSM, involving someone I sort of knew but not personally. Frankly, it wasn't that good of a story to tell you the truth, but I wanted to try my hand out in writing Erotica.






*Author's are their own worst critics.

 Well, at the time I didn’t know that my husband’s cousin’s wife had the same doctor. My suspicions were clarified after a casual conversation with her husband a few years after the whole mess fanned over. The conversation resulted in a revelation.  I asked him what doctor his wife had, he told me the name of the doctor, and it was then that I put the pieces together. She must have told that doctor about the story I posted, after all, I’m sure she spotted it online.

 Obsessed haters will always do things behind your back and cause trouble. 

I was forced to change doctors. To make this long story short, I had planned to  take down the BDSM story I posted on GeoCities, but my husband failed to pay the internet services that Summer, and it took two and half months to get the service back! I was beside myself and angry that I couldn’t do anything about the situation until I got services back online!



 I didn’t see it then, but I could have damaged that person's reputation. That doctor went as far as to asked me to remove a book I had for sale up on Amazon (Chandra’s Quest Book 1 the 2002 version) because he thought his name was in it! 




That's how far it had gone! His name was never in that book and I did not plan on using his name in any of the Chandra's Quest book series. I never took the book down. Why should I? 



By the way, he bought a copy of the original (unabridged) version of Chandra’s Quest book 1, just to be certain. 
Technically, if I knew then what I know now, I would have ignored the whole thing and did minor changes to that online story but kept his name intact. Why? Well, you can't copyright your name! And if i was taken to small claims court, I can turn around and sue for malicious prosecution.

Fast forward now:  I know more and how to use the knowledge I gained throughout the years. So I CAN use a person's name in any of my books because names are not copyrighted, period!

Here’s something to know:
*A defamatory statement must contain sufficient information to lead a reasonable person (other than the target) to identify the target. Typically, the target must be a living person.

Hints:

 *If you base a fictional character on a living person, mask identifying features. Change physical details and life history so the character is not recognizable. The more villainous the character, the more changes you should make.

 (whether you mask the character or not, do make changes.)

*Overall, the hundreds of thousands of books published each year, there are relatively few lawsuits against authors. Claims are difficult to prove. Most targets don’t sue because they do not want to call attention to a matter best forgotten. 

 This is True. Most don’t but, if you know someone who will cause problems for you, it’s best to use caution and be discreet. Don’t link the story to the name of the person you used in your book. Don’t link them to a website or online social media profiles. Just a thought.

"The people that cause unnecessary friction for others are people who hate themselves."



NEW! Below is a link to a business Facebook page I set up for myself. Thank you.
Cecile Garcia Author


Saturday, May 26, 2018

Sharing Links to My Book Web Pages



I am sharing links to all my books webpages. please feel free to visit. 
In the coming weeks, I will share more excerpts on my blog and share them on my Instagram.

Saints and Sinners: Affairs of the Heart

Chandra's Quest

In the Company of Elves

These books are now available for purchase. Visit my website to view up and coming books.

NOTE: The webpages for these books are now located with google sites.




Author's website

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.

Chandra2012 Channel

Visit my Website to view updates on my books

NEW! I have uploaded new videos regarding blog entries I've written in this blog. please visit. 

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Sunday, May 13, 2018

What is my Goal in Life?


Someone once asked me: What is your goal Life? My main goal in Life is to write and publish as many books as I can before I turn 60. Why? I just feel that I should. It's a calling of sorts. So the next time a person asks me what my goals are, that is what I'll tell them. Even if  most of my books are novelettes, it's fine with me. My readers will enjoy them. And yes, I do have readers.

Books I've written so far:
*Chandra's Quest (novel)
*Chandra's Quest Book 2: Twisted Embers (novel)
*In the Company of Elves (novel)
Saints and Sinners: Affairs of the Heart (novelette)
The Other Side of Things: Part One (novelette)

(books with a star next to them have been downloaded over 40 times)

Books I'm working on:

Chandra's Quest Book 3: Immortality
Out in the Open

NEW: I made this rotating pendant based on one of my novels, In the Company of Elves. It comes with a chain. The front of the pendant pictures the main character Melissa and the backside is the title of the book. Handmade, one of a kind item.

Please visit link if interested. 

In the Company of Elves pendant

Visit my website to see a list of books to come.

Author's Website

Monday, May 7, 2018

Follow me on Amazon!




I would like to let everyone know to FOLLOW me on my Amazon Author's page to get updates on all my books and videos I may share. On occasion, if for some reason I find a blooper or two within the text, I will make changes to it and re-upload it to kindle. In addition, if you FOLLOW me, you'll receive notice of new books that I have published. 



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