Posts Tagged With: Writer

“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: , , , , , , , , , , , , , , , , , , ,

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
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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: , , , , , , , , , , , ,

Short Stories That Are Too Short

Last semester I took part in a creative-writing class of about seventeen people, including our instructor. This class taught me many things about writing and gave me several new insights into my craft as well as many new tools to write more compelling and interesting stories. It also gave me a few ideas for articles, such as this one:

My classmates and I each had to turn in three short stories during the semester (two original short stories and one edited story). A few times people turned in stories that were really short and just had the barebones of a story. There were numerous reasons for why one or another student would turn in stories like that, with very little meat to it if any. Usually it was something along the lines of having their deadline sneak up on them and rushing to get something written and printed before class (I remember one girl was actually stapling the typo-plagued copies of her story together in the first few minutes of class before she turned it in. She later said that she’d rushed to get the story done, and had spent the first hour or so just wondering what the first few words should be. We all laughed at that, mostly because we’d all been there at one point or another).

However while other students were pressed for time, one or two said they were afraid that if they wrote anything longer it would be too long! When we heard this, we often told the student that their fear of making the story too long had actually made it far too short.

I’ve always defined a short story as between a thousand and ten-thousand words. This leaves a lot of room to work with, even for authors such as myself who are better suited to more expansive works like novels. Yet a lot of authors fear that getting close to twenty-five hundred words is going too far, getting too long, crossing into a territory reserved only for longer projects. Why?

I think it might have something to do with magazines and getting published in them. Many magazines, especially ones that pay, have a maximum word-limit, usually around five-thousand words or so. This creates pressure on the author who wants to be published. They want a wonderful and engaging story but at the same time they’re hampered by the feeling that they can’t go over a certain word limit or they won’t get published in this or that magazine. Even self-published authors aren’t immune to this: many indie authors write stories and send them out to magazines, often to get people to read their work, along with maybe a desire for income and maybe a small wish to show the critics of self-publishing that we can get published in the same magazines as traditional published authors and still have quality work.

The thing is, a story is going to be the length it needs to be. You can’t help it. Twice I’ve thought up and even written short stories that turned out that they needed to novels. And even when a short story manages to stay a short story, I find that a story that needs to expand to four or five thousand words or more is going to expand that length. As much as you try, you won’t get it down to twenty-five hundred without sacrificing quality. At least, not very easily.

I usually end up writing short stories between four and five thousand words. In fact, I try to make sure they stay that length. I’ve tried for shorter but that usually doesn’t happen, and longer stories do sometimes happen, though they often get shorter when I start to edit. The thing is, these stories are going to be as long as they need to be and sometimes you have to accept that. If you want to write a story that’s shorter than what you usually write, do it more as an exercise, as a way to get better at saying something in less words than normal. Don’t feel like you have to make a story shorter, but just try and see if you can. And if you can’t, don’t feel disappointed about it. Just meant that story wasn’t meant to be that short.

And if you’re worried about getting published, there are plenty of magazines, anthologies, contests, and podcasts that accept longer short stories and even short novelettes. Just do your research, you’ll find them. Or don’t go looking for them at all, but try and put together a collection of short stories. You have full creative control then and can make your stories whatever length you desire.

Or perhaps short stories aren’t your thing. They’re certainly not my area of expertise, though that hasn’t stopped me from trying. Either way, there’s nothing to be ashamed of. Plenty of authors don’t do short stories and they’re excellent. Just stick to your area of strength and see what amazing stuff you can do there.

But if you do endeavor to create amazing short stories, just remember not to let the length of your story become an inhibition and a drag rather than a tool for successful writing. As I and my classmates have learned, length is important, but it’s by far not the most important thing to keep in mind. That would be the story itself.

 

On an unrelated note, thanks to Ruth Ann Nordin for the new background on this site. I was kind of attached to the old one, but I like what’s here now. It’s warm and welcoming, if you ask me.

Categories: General Writing, Psychology of Writing & Publishing, Short Stories, The Writer & Author | Tags: , , , , , , , , , , , , ,

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