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

Tuesday, April 28, 2015

Understanding Work-for-Hire

By Elizabeth Ludwig

I started a new project last year…one that I have been fairly quiet about as I learned the ins-and-outs of the subject I was about to tackle. You see, for the first time in my career, I was undertaking an Amish cozy mystery (see below for a preview of my new book cover!). And it was a work-made-for-hire project for Guideposts. Two things I had never before done! God has certainly been stretching my boundaries and making me see beyond what I thought was possible. 

But what exactly is a work-made-for-hire, and why did I agree to do it?

Weighing Work-for-Hire
A work-made-for-hire (sometimes abbreviated as work for hire or WFH) basically just means that the author agrees to create a work as part of their job and that both the author and the company they are writing for agree in writing to the WFH designation. The author does not own the work, but is contractually obligated to submit the work on the same basis as they would any other standard publishing agreement.

I should also note that in standard publishing agreements, the person who actually creates a work is the legally recognized author of that work. According to copyright law in the United States and certain other copyright jurisdictions, if a work is "made for hire", the employer—not the employee—is considered the legal author.

Confused yet?

Where Hope Dwells, 2015
So then, what are the benefits to WFH? I admit, there is some disagreement over this. For me, the benefits were simply signing on to work for a major publishing house and everything that entails, IE: access to marketing, promotion, readership, networking, etc. It also enabled me to expand my publishing credentials, earn valuable writing experience, and finally, to “get my foot in the door with an attractive publisher”, for lack of better explanation. All of these swayed me in favor of the idea of a WFH project.

 Others would disagree and say that they are not willing to give up ownership of a created work, especially if they were not going to get credit for the work by having their name printed on the cover (which can also happen, but didn’t in my case).

Both views are arguably correct. I suppose the bottom line would have to lie in the heart of the author and what they are attempting to achieve. What do you think? Is a work-made-for-hire something you would ever consider? I’d love to hear what you think! 
 
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Elizabeth Ludwig is the bestselling author of Christmas Comes to Bethlehem, Maine and the highly successful Edge of Freedom series from Bethany House Publishers. Her popular literary blog, The Borrowed Book, enjoys a wide readership. Elizabeth is an accomplished speaker and teacher, often attending conferences and seminars where she lectures on editing for fiction writers, crafting effective novel proposals, and conducting successful editor/agent interviews. Along with her husband and children, she makes her home in the great state of Texas. To learn more, visit ElizabethLudwig.com.

Sunday, February 01, 2015

That Others May Run



by Marcia Lee Laycock

“Stop thinking of yourself as a single unit.” Our coach leaned forward, her voice raises above the cheering of the crowds, her eyes flicking from one girl to the next. “It’s all about the team,” she said. “When that baton leaves your hand your job is to cheer your team-mate on.”

Right. That’s what it was all about. We were on a relay team and the point was to get that baton into our team-mates hands so they could run with it all the way to the finish line.

I thought of that day, long ago, when I read the words in Habakkuk 2:2 - “write the vision and make it plain on tablets, that he may run who reads it” (NKJV).

It came to mind again a while ago when I received a message from someone thanking me for something I’d written. Usually I make a point of asking where they read the piece and sometimes, as on this day, I’m surprised. The woman told me a friend had seen it on someone’s website, copied it and sent it to her by email. This wasn’t the first time this had happened. The world wide web is just that and the words we put out there are sometimes spread around without our knowledge nor consent. That used to bother me. My work is copyrighted – no one has the right to just grab it and run with it.

Then I remembered my coach’s words and the words God spoke to Habakkuk long ago.

Oh. Right. That’s what this is all about, really. I’m writing so that others will take my words to heart and then share them with others. The words aren’t meant to be just pretty decorations on a page that will bring me satisfaction and praise. They are meant to help others, to change lives, to draw people closer to the One who inspired them. I want my readers to “run” with my words – to live a life of joy in service to the Lord and to pass that on to those around them so they can run with them too, all the way to the finish line.

So now, when someone emails to tell me they’ve read my work on someone’s website or blog or in an email, I cheer them on. I’m glad they’re running with it.

That’s what it’s all about, really.

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Marcia Lee Laycock writes from central Alberta Canada where she is a pastor's wife and mother of three adult daughters. She was the winner of The Best New Canadian Christian Author Award for her novel, One Smooth Stone. The sequel, A Tumbled Stone was short listed in The Word Awards. Marcia also has two devotional books in print and has contributed to several anthologies. Her work has been endorsed by Sigmund Brouwer, Janette Oke, Phil Callaway and Mark Buchanan.


Abundant Rain, an ebook devotional for writers can be downloaded here.

Marcia recently released Book Two in a fantasy series, The Ambassadors

Visit Marcia’s Website

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Saturday, December 21, 2013

An Open Letter to my Fellow Authors from novelist Richard Russo

It’s all changing, right before our eyes. Not just publishing, but the writing life itself, our ability to make a living from authorship. Even in the best of times, which these are not, most writers have to supplement their writing incomes by teaching, or throwing up sheet-rock, or cage fighting.

It wasn’t always so, but for the last two decades I’ve lived the life most writers dream of: I write novels and stories, as well as the occasional screenplay, and every now and then I hit the road for a week or two and give talks. In short, I’m one of the blessed, and not just in terms of my occupation. My health is good, my children grown, their educations paid for.

I’m sixty-four, which sucks, but it also means that nothing that happens in publishing—for good or ill—is going to affect me nearly as much as it affects younger writers, especially those who haven’t made their names yet. Even if the e-price of my next novel is $1.99, I won’t have to go back to cage fighting.

Still, if it turns out that I’ve enjoyed the best the writing life has to offer, that those who follow, even the most brilliant, will have to settle for less, that won’t make me happy and I suspect it won’t cheer other writers who’ve been as fortunate as I. It’s these writers, in particular, that I’m addressing here.

Not everyone believes, as I do, that the writing life is endangered by the downward pressure of e-book pricing, by the relentless, ongoing erosion of copyright protection, by the scorched-earth capitalism of companies like Google and Amazon, by spineless publishers who won’t stand up to them, by the “information wants to be free” crowd who believe that art should be cheap or free and treated as a commodity, by internet search engines who are all too happy to direct people to on-line sites that sell pirated (read “stolen”) books, and even by militant librarians who see no reason why they shouldn’t be able to “lend” our e-books without restriction.

But those of us who are alarmed by these trends have a duty, I think, to defend and protect the writing life that’s been good to us, not just on behalf of younger writers who will not have our advantages if we don’t, but also on behalf of readers, whose imaginative lives will be diminished if authorship becomes untenable as a profession.

I know, I know. Some insist that there’s never been a better time to be an author. Self-publishing has democratized the process, they argue, and authors can now earn royalties of up to seventy percent, where once we had to settle for what traditional publishers told us was our share.

Anecdotal evidence is marshaled in support of this view (statistical evidence to follow). Those of us who are alarmed, we’re told, are, well, alarmists. Time will tell who’s right, but surely it can’t be a good idea for writers to stand on the sidelines while our collective fate is decided by others. Especially when we consider who those others are. Entities like Google and Apple and Amazon are rich and powerful enough to influence governments, and every day they demonstrate their willingness to wield that enormous power.

Books and authors are a tiny but not insignificant part of the larger battle being waged between these companies, a battleground that includes the movie, music, and newspaper industries. I think it’s fair to say that to a greater or lesser degree, those other industries have all gotten their [butts] kicked, just as we’re getting ours kicked now. And not just in the courts.

Somehow, we’re even losing the war for hearts and minds. When we defend copyright, we’re seen as greedy. When we justly sue, we’re seen as litigious. When we attempt to defend the physical book and stores that sell them, we’re seen as Luddites. Our altruism, when we’re able to summon it, is too often seen as self-serving.

But here’s the thing. What the Apples and Googles and Amazons and Netflixes of the world all have in common (in addition to their quest for world domination), is that they’re all starved for content, and for that they need us. Which means we have a say in all this.

Everything in the digital age may feel new and may seem to operate under new rules, but the conversation about the relationship between art and commerce is age-old, and artists must be part of it.

To that end we’d do well to speak with one voice, though it’s here we demonstrate our greatest weakness. Writers are notoriously independent cusses, hard to wrangle. We spend our mostly solitary days filling up blank pieces of paper with words. We must like it that way, or we wouldn’t do it. But while it’s pretty to think that our odd way of life will endure, there’s no guarantee. The writing life is ours to defend.

Protecting it also happens to be the mission of the Authors Guild, which I myself did not join until last year, when the light switch in my cave finally got tripped. Are you a member? If not, please consider becoming one. We’re badly outgunned and in need of reinforcements.

If the writing life has done well by you, as it has by me, here’s your chance to return the favor. Do it now, because there’s such a thing as being too late.

Richard Russo
December 2013


Richard Russo is the author of numerous novels, including Straight Man and Elsewhere, and won the Pulitzer Prize for his fabulous novel Empire Falls. This letter was forwarded to me by novelist Scott Turow, president of The Authors Guild, in order to build support for the Guild.  We at Novel Rocket believe in the role, goals, and objectives of The Author’s Guild, and I've joined. Novel Rocket encourages all authors to consider the benefits of the Guild. You can find more information and a membership application at www.authorsguild.net or authorsguild.org. Tell them Novel Rocket sent you!