Flagrant Copyright Abuse- Am I Guilty?

Recently, there has been a little bit of a tussle about my blogging about the LDStorymakers conference. I’ve been reading the recent messages with consternation, anxiety and alarm. I have to confess I’m guilty of this offense and if I've hurt any feelings, that was never my intention. One person went so far as to say blogging about it was a “flagrant abuse of copyright.” Although cleverly penned, this isn’t legally accurate.

Some years ago my mother wrote a book called “Things I Wish I’d Known Sooner.” One of the chapters was called “The Daffodil Principal.” The book was published by Deseret and did quite well- so well, in fact, that Simon & Schuster reprinted it as a national release. A few years after it went out of print, this chapter ended up on the internet. It was being emailed back and forth verbatim as a spiritual thought/ motivator without any mention of the author. My mother was aware of it and not pleased.

Later, my mother was sitting in BYU Women’s Conference, listening to a certain celebrity’s wife who was giving a rousing address when the woman picked up a piece of paper and said she wanted to end with a legend called, you guessed it, “The Daffodil Principal.” My mother’s mouth dropped to the ground. The presenter proceeded to read my mother’s story word for word. When it was over, my mother waited in line to speak with the presenter, not very patiently I might add, amid countless other women begging to get a copy of her work. When my mother finally explained that it was her story, this woman looked at her like she was from Mars and said, “Oh, no, sweetie, this is a legend.”

Not happy, my mother called Deseret Book, hoping for retribution. They told her it really wasn’t a misuse of copyright, and there was nothing my mother could do. At the same time Deseret Book was so impressed by the interest that they decided to turn the story into a children/gift book and it sold very well, making my mother a tidy profit on a book that had previously been dead.

So the question is why wasn’t this a flagrant misuse of copyright?

The purpose of copyright is to protect artistic expression and profits.Carolyn Campbell was spot on when she refused to allow two paragraphs of her presentation to be used in a book without paying for it, because the book would have been SOLD. Those profits belonged to her. (I adored her presentation and did blog about it. SORRY I didn’t ask permission and will take it down if you want.) Anyway, that same person could have paraphrased her presentation and still included it in his book without permission because copyright does not protect “Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices.” See http://www.copyright.gov/ It only protects the specific way she says it, her exact words.

So, for example, Julie Bellon who also gave an incredible presentation on editing, which I adored, told us about CLAW. If someone listening decided to write up the CLAW book on editing and not give her any credit, they could (although I think it would be a jerky thing to do), and it would in no way be a violation of copyright even if they made a million dollars on it as long as they didn’t use her specific language, because again, ideas, procedures, methods, etc. can’t be copyrighted.
Cliffnotes has made millions off of paraphrasing copyrighted material and it’s entirely legal.

So what about my mother’s case? Why wasn’t that a misuse of copyright? They were handing out copies of HER story.

Well, in section 107 of the copyright law it talks about FAIR USE. I’ll include what it says on the copyright.gov website (if anyone is still reading at this point.)

Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
1. the purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
2. the nature of the copyrighted work;
3. amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. the effect of the use upon the potential market for or value of the copyrighted work.

“The Daffodil Principle” was being distributed “for a nonprofit educational” purpose. If the presenter was charging five dollars a copy, my mother would have had her for infringement and could have sued for the twenty or so dollars she would have made. Most blogs would be considered the same “nonprofit educational” (especially since hardly anyone reads mine), but might also be protected under “news reporting” even with specific quotes.
Now this really is a great thing. It is what allowed Rachel to read snatches from the different books she brought, which was brilliant by the way, without violating copyright. She didn’t have to pay the authors for permission because it was nonprofit educational. She was entirely within her legal limit to do that.

I don’t know how someone got Julie’s slides- which is very odd. Now, if they were to sell them, they would violate copyright, but to use them in this way is decidedly gray, but I doubt would be infringement (albeit annoying.) To be honest, Fair Use is not cut and dry, but considered on a case by case basis. Still, very few educational nonprofit cases are every won, which is why your English Teacher can copy long excerpts from different stories and hand them around the room as examples of writing without ever paying for those stories. (Most public school teachers work for NOTHING.) One the other hand, once she publishes her textbook on the subject, she’ll pay out the bazooka for those same quotes.

Bottom line, when someone reports on a political speech or critiques a movie (both of which are copyrighted), and even publishes it for money, they are not violating copyright. If I invite the neighborhood to watch the latest Star Trek when it comes out on DVD at my house, I’m not violating copyright, even though I’m decreasing MGM and Blockbuster’s profits by doing it, UNLESS I ask them to pay for admission. That would be a flagrant abuse of copyright.
In conclusion, and I promise I’m almost done, copyright law isn’t that complicated but it doesn’t mean that once you write something or say something that no one can touch it unless you allow them to, even if the little symbol is there. It means that no one can sell it or pretend it is theirs (unless it’s only an idea or process.) Like with my mother this may be very annoying but in the end all it does is provide a great venue for free publicity which you may ultimately cash in on.

Maybe next conference we should have a class on copyright. I’d be willing to teach it and anyone who wants to blog about it, please do!

#1- When Am I Done? Editing with Julie Bellon

An overview of the LDS Storymakers Conference

I'm back and filled with such good stuff, I'm almost overflowing. The LDStorymakers Conference was FABULOUS!!! Rubbing elbows with talented writers right and left was awesome. I went to bootcamp led by Heather Moore, was constantly surrounded by Donna and Julia of my own little critique group, sweet ANWA sisters like the incredible Liz Adair, Monique and Marsha, AND fun storymakers like Rachel Nunes, Julie Bellon and Tristi Pinkston.

In addition I met Carolyn Campbell, a string reporter for People Magazine. I can't wait to share some of her techniques and ideas. The keynote speaker was Dean Lorry of Happy Gilmore, Major Payne and the Monster Academy. His overview of screenwriting included little tricks that could make any story better. I couldn't write fast enough.

My plan is to review my notes in blog form for the next few weeks. Today I wanted to begin by giving the highlights of Julie Bellon's great class on editing. In it she answered the age-old question every writer asks themselves-

WHEN AM I REALLY DONE?

Julie told us that the key to good editing is simply using the CLAW.
That stands for:

C - Check off basic editing checklist
L - Let someone else read it (actually, three someones)
A - Always print out a hard copy and read it
W - Walk away and leave it for a while before your final review

That's it! Then you're done. She told us to be careful not to edit our projects to death. Stop there, send it out and move on with your life.

So let me go over CLAW in a little more detail.

1. CHECKLIST

Checking off the basic editing checklist is made up of two parts- the copy edit and the content edit.

THE COPY EDIT includes these 10 items.
1. Don't trust spell check. Read for common spelling errors like your and you're (one of my favorites), there and their, or the and then (another I like to make.) A friend of mine never wants to conjoin "in to."
2. Check page numbers and blank pages. Sometimes hard returns don't cooperate at the end of a chapter. Flip through the file and see how the layout works on the pages.
3. Check for too many adjectives and adverbs. Adding narrative action instead of simply using an adverb or adjectve is usually a second draft activity. (Even Heather Moore does it.) You can really deepen your characters and improve your story this way.
4. Tense consistencies and verb/subject agreement. This normally shows up green in Word but really, check your green.
5. Avoid cliches. Not only in phrases and descriptions but in storylines. She calls that combo meal stories. You want to be delicious and unique.
6. Repetitive words are a huge issue for people who tend to repeat a lot of things in a repetitive way over and over.
7. We all have favorite words that really don't say anything. They are the "Um's" of writing. Some of these offenders are some, just, really, thing, that, there, one. (I read through my first book and am horrified by the really's and just's. Hey, it was really just my first book, give me a break.)
8. Too many dialogue tags or not enough. (I hate it when you get lost.)
9. Point of view changes.
10. Balance your narrative, exposition and action.

After finishing your Copy Review, you are ready to face the dreaded CONTENT review. For some reason Julie likes the number ten because there are ten of those too.

CONTENT REVIEW
1. Show don't tell. Do a search for the words feel, feelings or felt and replace it with emotive action.
2. Keep the voice active. Passive voice adds a form of to be. See how many was's you can get rid of.
3. Point of view shifts AGAIN. It's really important NOT to head hop. (Again, a rule I broke constantly in my first book but who's counting.)
4. Chapter Hooks!!! Go to the beginning and end of each chapter and make sure you start with something great and end with a cliffhanger. If you've ever read R.L. Stein's Goosebumps, he was great at this even though he totally cheated. Okay, so don't go THAT far, but it's still worth doing.
5. Does each character have REAL motivations? Sometimes readers won't notice motivations but many writers and ALL editors do. Don't cheat and manipulate characters into behaviors they wouldn't do. In another workshop someone gave a perfect example. If you have a babysitter who needs to go in the attic, and you just have a sound up there so they go to investigate, you have an idiot as a main character and we want to throw the book across the room. If, on the other hand, she is playing hide-and-seek with the kids and she hears a sound in the attic, thinking it's a child she is watching, we are there with you and want to read on. Motivations are REALLY important.
6. Does the setting contribute to the piece? Why have you chosen the setting? Looking at the whole, would a change make it better? You aren't stapled to what you've written yet. Also, do you really describe the setting or just assume we know where you are.
7. Is the timeline consistent? I know writers who use planners or calendars to track ther timelines. Use something because this can be an HUGE mistake.
8. Does the conflict continue to increase throughout the story? Sometimes we try to end the conflict too soon and then keep on writing. Things should get worse and worse for our main character until they are almost defeated. In the end they should have to reach in their heart and find a strength they didn't know they had to finally succeed.
9. Does it have a natural flow or is it too contrived? Could this really have happened? Are there scenes you have to give up or adjust to make it believable?
10. Look through each page at your white space. Are there any pages that are too heavy? If so, add dialogue. Don't make the reader want to skip pages. We are all natural eavesdroppers so use it to your advantage.
***11. BONUS POINTER- Lean up! Cut any scenes that doesn't further the plot, reveal important character points or add intrigue. Okay, so I added this one but I know it's true because I like to go on and on, touching on tangents that don't impact the story in a serious way and have very little to do with it, sort of like what I'm doing right now.


2. LET SOMEONE READ IT

Now, if this seems like a lot to you, don't fear because the next step is easy. You get THREE other people to read it. Three is a great number, if they are the right three. You should get:
-one avid reader who loves your genre,
-one reader who is a strong technical editor and
-one who understands plot and characterization.

Almost everyone knows someone who loves to read. If you are on Good Reads, you might find a fan or you might have a friend who is a total read-a-holic. The gift of this review will probably be more general and the discussion with this person after they read your work may be more useful than what they write down in the margins. Oh, and remember to give this person a hard copy.
Your other two readers can be other writers. If you swap manuscripts, you can develop a nice pool of potential readers that will stay fresh for a long time. If you aren't willing to read other manuscripts, you may find that after a few projects, you've burnt out potential friends- so be careful. Give as much as you take.

When you get back their edits, go through each separately. This will provide three more reviews of your work. Remember, you are almost done.


3. ALWAYS PRINT IT OUT

With copy and content edits and the three reader's edits complete, it is time to print out the entire manuscript. No, you can't just read it off your computer. Actually spend the time and money printing the thing off, even if you have to buy a new ink cartridge. Then read it OUTLOUD. It doesn't matter that your neighbor thinks you've finally gone crazy because you're talking to yourself. You'll see things that may have worked on the page, that don't work in your mouth. Also, it's a great thing to do, if ever you get that book on tape (dream of dreams.)


4. WALK AWAY

Not forever. Just for a few weeks. Do something that totally takes your mind off what you've done. Start outlining a new project, clean out your garage or edit someone else's manuscript. When your brain has unraveled its tight grasp on your current project, you are ready to go over it one last time. Enjoy it. See if there is any part that bores you or doesn't sound smooth and clean. Catch the little typos you overlooked. Once you've made it through this final read, YOU ARE FINISHED!!!!



There are very few things in this world that feel better than writing those two little words - THE END. But it doesn't take long to figure out that they are really only the beginning of the editing process. Now, thanks to Julie, I finally know when THE END is really THE END.

THE END

Off to Conference

The day after tomorrow I jump in the car and head off to the LDStorymakers Conference at the Marriott in Provo. Last year was my first attending, and it was a fabulous experience. I went with a friend but still felt nervous, not knowing what to expect.

Ths year the nerves are back but for a completely different reason. I'm doing a face to face pitch and perhaps a face to face rejection. It is anxiety-causing to say the least. The good part is that my two partners in rhyme- or at least in prose- are coming along. Both Julia Wagner and Donna Fuller and coming along and doing pitches of their own so we can all be shaking in our boots together.

There is much I'm looking forward to as well. The grammar class alone will be worth the trip. Boot camp will feature specific authors, and I'm really struggling between two-- and I can't switch back and forth. Lastly, simply seeing in person the many friends I've made both through LDStorymakers and ANWA will be a great treat.

So I better roll up my sleeves so I leave a happy famly behind. Dishes, ho!

Last Minute Amazon Contest

So... I finished my book "An Angel in the Family" and am waiting to hear from the publisher. As I think about my year and look at past sales, I know I need to spend more time beefing up my platform. All is good.

But then... I hear about the Amazon Breakout Novel Contest and I'm pumped. I got this idea for a story at the Willamette Writers Conference and I think I can flesh it out. Is a full novel in 33 days possible without totally stressing out your entire family?

Well I'm going to try. From now until February 2nd I'm in writing jail. Will I make it? Today I'm two days into it and have 7,124 words. But are they good???? Wish me luck.

A Weekend Women's Writing Retreat

This weekend was seriously heavenly! I spent it at Silver Lake with about twenty other brilliant ladies who all had one thing in common- the love of the written word. It was a wonderful experience and almost more than one blog can hold so I think I'll piece meal it, touching on a point each time.

Today I'll just give a taste of the experience and a brief overview of all that I learned. Then I'll get into the nitty gritty later.

Arrival-
After six hours of driving with Julia(goofyj) and Donna and her daughter Mandy, the four of us arrived at a gorgeous cabin right on a picturesque little lake surrounded by mountains and evergreens. You felt like you were living on a postcard.

Right away we met Liz Adair who organized the entire ANWA event. It is so interesting to finally meet someone that you only have an internet relationship with. Her sky blue eyes and sparkling personality were a joy. How grateful I was to be included and considered her friend.

We were one of the first to arrive. I assumed that everyone would know each other but me, yet the truth was many of the people had not met before but something amazing happened. It only took one question, "Tell me about you work in progress" and an automatic connection was made. I heard brillant stories, plot ideas and personal ambitions, most being balanced with motherhood and other responsibilities.

It was invigorating to be around so many women of creation and vitality. I laughed so much that my sides ached and I talked so much I became hoarse. Each night I got to bed far later than I should have not wanting to sleep and miss a single word of the lives, thoughts and future dreams of these fabulous ladies.

There were a number of lessons and writing exercises which I'll review later but I'll end with two great things I learned.

1. UNITY IS BORN OF WOMEN WITH A COMMON CAUSE-
When I left the retreat, I was on a high because the entire weekend was overflowing with such unity, love, sisterhood and support. I mourned a little because in our ward I don't always feel that same connection and I wondered why. Then it hit me. At the retreat we all had a common dream that was important enough for each of us to sacrifice to be there. That dream or goal connected us from the moment we met.

In the church if we could remember our common goal with more clarity, I believe that same unity would fill our hearts and encourage us to naturally reach out more than we do. I am so guilty because I have been very withdrawn since moving into my new ward and I plan on repenting of that immediately.

2. I'M NOT SO WEIRD AFTER ALL
The truth is I worry alot that I am weird. I love to come to new plateaus of understanding, I love expressing complex ideas, I often open my mouth and look around to see people blankly staring at me not understanding a word I said. I also HATE my body. My thyroid went out a number of years ago and the weight gain is my nemesis.

This weeked I suddenly was in my element. Like the eagle among chickens that can't understand why he craves more, I was able to finally soar to the highest mountain crags and rub shoulders with others of my kind- writers alike.

On the way home my two friends and I (and Mandy) went to the outlet Mall and went shopping together at Dress Barn for Women. It was incredible. Because I wasn't going with my size 7 daughter, I felt totally comfortable as we all tried on the same outfits and laughed at our flaws and complimented our strengths. Going home, I felt comfortable in my own skin for the first time in a long time.

What a gift this weekend was of friendship, learning and joy. Life is good--- and I haven't even told you about the writing stuff yet.

Thank you again Liz!!!

LDStorymakers Writer's Conference

Today I'm going to the airport twice in one day. Just after twelve noon I'm headed out to the airport to pick up my sister's dog, "Patches." She called and told me that he was not working out in their family. He found out he could get out of the backyard and he is too jumpy for their small children. Since we lost our dog, and none of my children are small or shy I think we'll be OK. She is flying the dog out and my children are so excited.

Then at 3pm I pick up Rachel, my good friend from Minnesota. She'll come home for one evening and then at 4am the next morning we take off in the new convertible for UT and the writer's conference. I'm so excited to meet everyone!!! On Thursday Night we are meeting at Jim's restaurant and I'll be introduced to the authors then on Friday Night, I think we are still going to have an ANWA table at dinner (need to double check) and Saturday is the Whitney Awards- still have NOTHING to wear. It is going to be really fun.

I've got all my writing examples for bootcamp and am ready to rock and roll. I even did a huge shopping job so the Easter stuff is here and all the food for the weekend is set. It is sad I'm missing Easter but my husband's parents are coming so I think it will be alright.

Can't wait to tell you all I've learned when I get back.