Posts Tagged With: Book

“Hey, That’s My Idea!”: When Works of Fiction are so Similar You Want to Sue

This morning an interesting story showed up on my Facebook feed: Joss Whedon, creator of Buffy the Vampire Slayer and director of the Avengers movies, was hit by a lawsuit over alleged copyright infringement. In the lawsuit, an author by the name of Peter Gallagher (not the actor) alleges that Joss Whedon and the film company Lionsgate, among others, stole the idea for the 2012 movie Cabin in the Woods from his own self-published novel The Little White Trip: A Night in the Pines, which he first put out in 2006. Apparently both the book and the movie have similar premises (spoiler alert!): a bunch of teens go hang out for the weekend in an old cabin, they’re attacked by monsters, and they find out they’re subjects in a horror-film scenario run by a strange organization or group. Gallagher also says that several of the characters in both works have similar names and personalities. No word yet on what the defendants in the case say or whether the lawsuit will actually go through or be thrown out of court (for the full story, click here).

Strangely enough, something similar happened to me last year. I was on Facebook and I saw on my news feed that a movie company that produces really interesting horror movies was getting ready to release a new film and had just uploaded its first trailer online. When I read the synopsis of the movie and saw the trailer, I was instantly reminded of a short story I wrote back in June 2013, one with an eerily similar premise and which I plan to expand into a novel when I get a chance. I will admit, the thought to sue did cross my mind.

But I didn’t. This was partly because I’d never published the short story. I’d sent it to a friend who recommended I expand it and I did speak of it one or two times on my blog, but beyond that it’s been languishing on the shelf until I feel it’s time to start expanding it. It’s a little too much to suppose that they somehow found a single post on my blog back in 2013 or maybe even hacked my flash drive and used that material to create their movie. That sounds more like a conspiracy theory or something.

Not only that, but I felt that what I was going for with my story set it apart enough from the movie in question that I didn’t need a lawsuit. And finally, I’m just finishing up my undergraduate degree. I have no time and none of the expenses for such a lawsuit, even if I was inclined for one.

But just because I didn’t feel that copyright infringement had happened here doesn’t mean it never happens. There are quite a few cases where judges have found that movie producers or book writers or TV showrunners have owed someone money over a possible infringement. Some ways to prevent yourself from being caught in either the plaintiff’s or defendant’s side include, of course, to seek out every copyright protection you can get. For example, with every book I publish I make sure to send it to the US Copyright Office first. I know, technically publication or sending it to myself in the mail is considered copyright enough, but it helps to have federal protection.

Another thing to do is, if you suspect that someone’s infringed on your copyright, that you do as much research as possible. See if you actually have something to worry about. Also remember that there are plenty of stories that have similarities (like Olympus Has Fallen and White House Down have similarities, for example), so keep that in mind while you research. It could turn out your work and the work you’re researching only has a few similarities, and the ones there are just the kind anyone could come up with.

But if there’s enough resemblance that you can’t pass it off as just a few coincidences, then perhaps you might want to see if a few more people see the resemblances. If they see them too, then maybe you should consider consulting a lawyer.

Of course, I am no lawyer and I’ve never had to worry about this. If anyone has experience with this subject, please let us know your story and tell us what happened. We’d love your feedback.

In the meantime, I’ll keep an eye on this Whedon-Gallagher story and see how it turns out. Because this could be our story. Anyone of us could go through this, as any one of us could have a copyright infringement lodged against our own properties simply to con us or someone could steal our works and sell them for their own profit. And we need to watch so we know how to fight it and keep it from happening to us.

Categories: Copyright, General Writing, Publishing Basics, Self-Publishing, The Writer & Author, Writing as a Business | Tags: , , , , , , , , , , , , , , , , , , , | 25 Comments

What’s The Most Important Lesson You’ve Learned: Words of Wisdom From Our Readers

About two weeks ago, Ruth and I asked you to send in your best advice on writing, editing, publishing, and marketing fiction. I am very pleased to say that nearly every day since my inbox has had wonderful messages from our many readers who were glad to send along their knowledge. Below you can see their comments, as well as wonderful pictures of them and their books. On behalf of the folks here at Self-Published Authors Helping Other Authors, we would like to thank you for your awesome contributions.

Here’s what our readers had to say:

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Write the story you want to write.  Be passionate, follow your heart, and ignore what others are writing.  Just be you.

Debbie Conrad

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Spell check. Spell check, spell check, spell check. After every draft, spell check. After every writing session, spell check. There are going to be things you missed, even if you think you haven’t; it’s just the way the mind works. Have you gone through five drafts with two meticulous editors, four former English teachers, eight hawk-eyed beta readers, and an incredibly observant slow loris? Spell check. You may only find six errors in eighty thousand words, but that’s six errors your readers didn’t find.

Spell check. Then, you won’t have to apologize.

B. Lynch

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Always read the proof! First time I self-published, the book manufacturer sent me a proof copy. I was so excited to see my work in print form, I didn’t take any time to read through it. Consequently, in the first 50 books I ever sold, there were all manners and sorts of typos and small things I hadn’t caught during my initial editing. Sometimes, once the work is in print, you see it with fresher eyes and can spot things missed during the initial editing rounds.

Dana Myles

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The most important lesson I’ve learned from self-publishing is; spellcheck is no substitute for a good editor. And a good editor is one that is first and foremost, a fan of your work.

Gwen Rhea

 

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Although it’s hard to pinpoint one specific thing about writing, publishing or marketing, I think I can safely say, the overarching key to feeling competant in this field is (drumroll please)……. NETWORKING! The more people you meet, the greater your pool of resources, knowledge, and promotion. Make friends. Know everyone in the business you can and genuinely care about them, honestly seek out their knowledge, and give them credit for anything you learn from them. Help promote them and they’ll help promote you. Network. It goes a long, long way in every avenue in writing.
G.M. Barlean
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Before you spend one dime, one minute, one ounce of energy on anything, whether it’s choosing a publisher, releasing your book, publicizing, advertising, marketing, do your research. At your fingertips is a vast information pool of success stories and failures. Tap into that to learn the best ways to publish and promote. Learn from others’ mistakes so you don’t repeat them. This will give you a leg up and pave the way for a better chance at success.
Eva Lesko Natellio
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No matter how tired you are of re-writing the ending or the tweaking the edits your editor gives you—do them with care and thoughtfulness. If you dash through them, or you’re simply freakin’ tired of working on the manuscript it WILL show up in the writing. You cannot fool readers. Put the work aside and do something else until you’re renewed enough to start again. It’s worth the wait.
BK Froman
Tenembras
I made so many mistakes on my first book. It wasn’t edited well, it had no promotion, I hadn’t research cover design enough, my website wasn’t up. The lack of editing was the worst; I had to put out a 2nd revision of The Distant Trees with corrections. Of course the reviews citing typos remained. I was in too great a hurry with excitement over publishing. With the subsequent books of the Elise t’Hoot series, I have been meticulous about multiple drafts, waiting a month, proofing, waiting, going through it again. I have a knowledgeable beta reader now, too, an English teacher. Then I revise as needed and do one more line edit start to finish. I still cannot afford professional ($1000 – $2000) editing  for each book in the series, but the amateur editing is far better now. Bottom line: Poorly edited books will haunt you.
Mary Ellen Wall
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Lots of people on the Internet offer their unqualified and/or overpriced services to self-publishing authors. Their best trick of all is getting you to pay for their advice on what you should do. Any failure to achieve what you want will be your fault. I haven’t subscribed to any of these services, but I see them everywhere, every day. Sad.
Ron Fritsch
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Before I published my book, I had this rather naïve idea that it would sell itself, that when people realize how good it was, they would buy it.   Once my book entered Amazon’s inventory, however, it became the proverbial needle in a haystack. I looked at and read other self-published books.   A few were not necessarily great stories, but the titles seemed to be everywhere. That’s when I learned that some of the books that rise to the top of popularity were there not necessarily because they were outstanding, but because they were backed by good marketing campaigns.  
Now that I understand that every book needs advertising, I’m budgeting time and money to market my book to improve its visibility.  I have found affordable advertising packages and blog tours, and I’m enjoying the new responsibility of being my book’s PR agent.
Amaia S. Li
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Using CreateSpace, which I adore, I was smart enough NOT to a) let them be the imprint instead of forming my own publishing company for 300 bucks (easy online), and b) not letting them supply ISBN number (which would be in their name), but supplying my own, Doing this retains 100% control and gives me piece of mind.
Rodney Richards
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When attending a local Sci-Fi & Fantasy convention , it’s always tempting to hide out in the video game, movie or board game rooms. (Especially when most of us who write are quiet folk who feel uncomfortable around large groups of people.) But when you do that, you waste a great opputunity to chat with fellow published writers! You never know what friendships you’ll make or pieces of advice you’ll get. I’ve made some lasting relationships from going to conventions and it helped a ton when I launched my first novel Blade Of The Broken… Don’t be afraid to mingle!
Jake Scholl
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The best advice I’ve learned from self-publishing is to just do it.  I took a “write-a-story-in-one-day” challenge, and from that I completed a short story.  With that, I loaded up to Amazon and *poof* I am a published author.  There’s so much talk about building your brand, having a platform, developing and maintaining a website, being active on social media and all that, but if you don’t have a book published, then why all the effort?  If people like you but have nothing to read, that’s a waste of potential.

That and find an editor.

DW Hirsch

Thanks once again to all our contributors for their wonderful advice. I hope we can do this again sometime and that you all find the advice above very helpful in your own writing. Have a lovely day, everyone.

[Editor’s Note: If you contributed have trouble viewing one of your photos or any other concerns, please let me know as soon as possible so I can rectify it. Thank you.]

 

Categories: From The Readers, General Writing | Tags: , , , , , , , , , , , ,

Are You an Open Book?

 

Well, as a writer, you should be an open book at least to some extent. People want to get a sense of what type of person you are, your background, where you live and more.

With my first book, Seasons of the Soul, which includes a spattering of personal accounts of my two different autistic sons, people would approach me at book signings and express empathy for my situation. Some would purchase the book for others or had handicapped children themselves. A number of individuals would say: “God gives special children to special people.” I would smile and thank them. It warmed my heart. There also were those who believed they could get my nonverbal autistic son to talk. I again would smile and say a thank you, even though I knew this was impossible.

The point is readers want to know you and form a bond with you. Why do you purchase books? I often buy books because I know the author and got to know that individual through friends, acquaintances or are members of one of my writing groups.

Bonding is important and you can establish this in many ways. I sell my books personally so I meet up with those who previously purchased my books and they often buy my new ones. But what do you do if you never or seldom do these kinds of events?

You establish relationships through forums and social media. I am not good at forums as Ruth Ann Nordin, but I do use social media. Of course, you have to in this era, however, you do need to get to know your followers as much as possible.

Patrons love meeting the authors they love, and we should return our love through special gifts for our loyal customers. I had someone I worked with years ago buy my latest books (Lockets and Lanterns, Bride by Arrangement and Courtships and Carriages). I mailed them to her and included a special token, a Seasons of the Soul journal. It was my last one, but I wanted to show her my appreciation. Doing this was more important than keeping this keepsake. In addition, I inserted a personal note. No matter what they say about the Internet there is nothing more valuable than a “handwritten note.”

Readers also like to know your background, such as where you live. Several years ago, I was selling my first book in a town about 50 minutes from where I live. One person saw me there and realized I lived in the same town where they used to live and bought my book. However, do not tell everything about yourself.

When I started out I gave out too much data about myself. Most people are wonderful, but some will take advantage of you, such as “potential” writers who seek your help. You can assist them in connecting with writing groups, etc. However, you cannot over extend yourself either.

Also, be careful in providing too much information on the Internet. This is touchy because you need to interact and get to know your followers. How I handle this is to post about what I am doing without revealing my family’s names. We need to be cautious rather than regret it later.

Make comments on other authors/readers’ blogs, Facebook pages, etc. In this way, you get to know them and they in turn learn about you. Of course, do not go overboard or you will never get your own work done.

So be an open book but remember you are out in the public and need to watch revealing everything about yourself. Well, I hope I left you with some useful information and as always I end with a God bless.

Categories: Book Promotion, General Writing | Tags: , , , ,

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