Posts Tagged With: publishing

“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

Writing a Series

A lot of authors write series. Some make all their money writing long series rather than stand-alone novels. A few are even paid by their publishing companies to keep writing series even after the story has gotten old and there are no new ideas or places for the characters to go (*cough* *cough* James Patterson and the Alex Cross books *cough*). But writing a series is a lot tougher than it looks. Rather than keeping a reader’s interest for about 300 pages, you have to keep it for several times that amount and over several books too.

While there is no one way to write a series (is there ever “one way” to go about anything in this business?), there are some tips and strategies that can make writing a series a bit easier. Here are some of mine, gleaned from years of writing various different series in my teens and publishing one of them once I got into college.

Decide who your main characters are and what sort of story you’re going to write with them. I feel that it’s important to nail down who your main characters are pretty early on, because they often end up influencing where the story goes through their actions. You don’t have to go into each character’s entire history at this early stage, but you should have an idea of who they are, what they like and dislike, maybe what sort of environment they grew up in, and what they want and what you from them in this series. That information will come in handy when you’re planning out the series.

Make a roadmap. When you have your characters (and if you’re writing this story in a world different from the one you and most of your readership live in, a general idea of this world), then you should plan out the series and what is going to happen. You don’t need to go into every single detail on what happens in each book, you can save that for when you write each individual book. Just have a general idea of what will happen in each book, how that might fit into a greater arc if you have one in mind, which characters you might introduce or kill off or whatever, etc. It’s kind of similar to outlining a novel, in a way (for tips on outlining, click here), only for several books. Creating a roadmap can also be helpful in keeping a record of what and when you need to research a subject and can allow you to keep notes of what’s happened in previous books in case you need to refer back to something for the current book.

Immerse your reader slowly. This is something I’ve learned over a long time, but it’s useful to remind some writers of it every now and then. Let’s say your story takes place in a fantasy or science-fiction universe and you’re the only one who knows the entirety of the world, its various pieces and factions and groups and aspects. You’ll have an urge to make sure that your reader is immediately caught up with everything, so that they know all there is to know about these worlds. I’m telling you now, resist that urge! Updating them about everything in this world of yours too early would be overloading them with information. They wouldn’t know what to do with it and they’d put down that first book before getting very far in it.

Immersing a reader in your world is like teaching a kid to swim.

The best way to go about introducing readers to this world is to imagine it like teaching a young child to swim. Naturally you don’t start with the deep end. What if your pupil drowned? Instead you start with the shallowest end of the pool. It’s good to start without overwhelming the kid, and they can get a sense and a working knowledge of how swimming works. Later you move them into deeper waters, teaching them new techniques and watching them adjust to the greater depth of the pool. As time goes on, your pupil moves deeper and deeper into the waters, learning new knowledge along the way, until they’re swimming fine in the deep end and able to handle all you’ve given them.

In a similar way you should treat the reader. Slowly take them in, giving them the bare minimum to get along in this world and how to live and maneuver through it. As time goes on, you’ll add more information and they’ll be better prepared to handle it all, so by the end of the series they’ll be able to handle all that information really well.

Keep a guidebook. This can also be helpful, especially for series in fantastical worlds. A guidebook (or whatever you want to call it) contains information on the many aspects of your world, from characters to places to objects to story points and everything in between. If you need to organize a very complicated world, a guidebook can be helpful. Or if even the world is very simple, having a guidebook could help you keep track of things. I recommend using some sort of 3-ring binder for your guidebook, so you can add more information as time goes on. Dividers will also be helpful, so get those and categorize entries as you need. Using a guidebook can also prevent any ret-conning that could annoy and upset your fans.

Writing a book, and writing a book series, is often like this.

Remember the bigger picture. This is always important in writing, but it is especially important in a series. Writing a series is like working with several hundred or even several thousand puzzle pieces, but you have to focus on both the puzzle as a whole as well as the smaller pieces. It’s not easy, keeping track of the smaller stuff as well as keeping aware of the whole arc of the series, but it’s something you’ll have to do if you want to successfully pull off a series.

Each book has a purpose. If your series has an overall story arc, then not only should each book tell an interesting story (or a segment of the larger story), but it should maybe serve a purpose. For example, the first Harry Potter novel introduced us to the Wizarding world, and to the boy we root for the whole series; Book 2 hinted at the existence of Horcruxes, explained the concept of Wizarding blood purity, and introduced other important elements that would later appear in the HP books; Book 3 gave more information on the night Harry’s parents died and their relationship with Snape, as well as introducing how Voldemort would come back to power; Book 4 brought back Voldemort in an elaborate plot as well as hinted at the denial the Ministry would be famous for in Book 5; and so on and so forth. You don’t have to, but it might be helpful to think of assigning your books a purpose in the overall story arc of the series.

What tips do you have for writing a series?

Categories: Book Formatting, Book Setting, Book Setup, Business Plan, Characters & Viewpoints, Editing & Rewriting, General Writing, Psychology of Writing & Publishing, The Reader, The Writer & Author, Writing as a Business | Tags: , , , , , , , , , , , , , , , , , , , , , ,

Following Up on Submissions

The last time I posted an article, I wrote about submitting a short story to a magazine. And as promised, I’m following it up…with an article on following up on those submissions when a lot of time has passed.

Most magazines promise on their websites that they’ll get back to you on your submission in 2-6 months. What they don’t tell you is that work and submissions tend to pile up, especially when the magazine may be an operation run by only a few or even just one person. And imagine getting several submissions at the very least every month for short stories, articles, art pieces, and just about everything else under the sun. Your submission could be lost underneath all that.

So if you find a magazine has been taking its time getting to your submission, it can be helpful to send them an email and ask politely if your story has been looked at yet. Here’s what I normally put down in an email when I’m following up on a submission:

Dear [Insert magazine name here],

I am writing to follow up on my submission [insert story name here] which I sent in [insert how long ago or date you sent it in] to see if it is still being considered for publication. If you could please get back to me when it is convenient for you, that would be great, and thank you for your time and consideration.

Hoping you are well,

[Insert name, pen name if applicable, and contact information]

It’s also a good idea to attach your short story to the email in case it got lost somewhere among the submissions.

Normally a magazine will get back to you pretty quickly after this sort of email is sent. Even then though, it may take some time for the magazine editors to get back to you on your short story. If that’s the case, it may work in your favor to send an email every month or so inquiring about the status of your short story. That way it’ll stay in the forefront of the editors’ minds.

Also, remember to always be courteous and polite in your emails. They could just send you a form rejection letter right away, so the fact that they are taking the time to actually look at your story, no matter how long that time is, to possibly publish it is worth staying on the magazine’s good side. And when the magazine finally does take a look at your short story, no matter what the result is, be courteous and thank them for the time they took to read the story you sent them. That way, if you send them something in the future, they’ll be inclined to work with you and show you the same kindness and understanding you showed them.

Do you have any tips on following up on submissions?

Categories: Business Plan, Digital & ePublishing, General Writing, Marketing & Promoting, Psychology of Writing & Publishing, Publishing Basics, Short Stories, The Writer & Author, Traditional Publishing, Writing as a Business | Tags: , , , , , , , , , , , , , , , ,

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