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Seven Works Creators Can't Copyright—And Why Not

Copyright for Writers | Seven Works Creators Can’t Copyright

Over the last four weeks, I’ve covered various aspects of copyright and copyright law:

This week I’m discussing seven works creators can’t copyright—and why not.

Note: I’m not a lawyer and this is not legal advice. You get legal advice by consulting a lawyer qualified in the specific legal area, and licensed to practice in your location. There are common principles in international copyright law, but the application of those principles does vary by jurisdiction.

Copyright law is a branch of intellectual property (IP) law, which applies internationally. The World Intellectual Property Organisation (part of the United Nations) defines intellectual property as “creations of the mind”, and divides IP into five types:

  • Copyright
  • Patents
  • Trademarks
  • Industrial designs
  • Geographic indicators

Copyright is covered internationally under the 1886 Berne Convention for the Protection of Literary and Artistic Works, while patents, trademarks, and industrial designs are covered under the 1883 Paris Convention for the Protection of Intellectual Property.

These four types of works are protected under other forms of intellectual property law, and therefore can’t be copyrighted:

Patents

Patents protect inventions and machines, from the invention of the light bulb (one of Thomas  Edison’s many patents) to nanotechnology. A patent is a generally a new way of doing something, or a new technical solution to a problem. Patent applications are dealt with by specialist patent attorneys.

Patents must offer workable solutions. The idea of a perpetual motion machine has been around for centuries, but no one has yet invented and patented such a machine. Equally, the warp drive or faster-than-light engine is a staple of science fiction, but has yet to be invented.

Trademarks

Trademarks inform consumers the product or service comes from a particular company. For example, Nike manufactures footwear and clothing with the “swoosh” design. Coca-Cola manufactures drinks with the “dynamic ribbon device”.

Trademark law also includes service marks, which identifies and protects the provider of a service.

Industrial Designs

Industrial designs can also be protected by intellectual property law, including shape, colour, patterns, lines, features, or the ornamental or aesthetic aspect. Note that not all designs are protected. Many fashion designs are not protected, as they are not deemed sufficiently original. (This explains how chain stores can get away with selling cheap mass-produced copies of designer clothes).

Geographic Indicators

Geographic indicators inform consumers the product comes from a particular place, and the “qualities, characteristics or reputation of the product should be essentially due to the place of origin“. For example, champagne must come from the Champagne region of France. Otherwise it’s sparkling wine.

What Else Can’t be Copyrighted?

Section 102 of the U.S. Copyright Act states:

Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression … In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery.

To be able to be protected by copyright, something must be:

  • Original
  • Tangible (i.e. written or recorded in a form that can be copied)

Copyright is therefore limited to the tangible expression of original works. This excludes ideas, titles and names, and recipes (among other things).

Ideas

Ideas can’t be copyrighted because they are not tangible. And they may not be original—how can we know if they are not written down?

As the US Copyright Office says:

You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.

Titles and Names

Titles and names (e.g. character names or pen names) aren’t subject to copyright. They are considered too short to be original.

However, you may be able to trademark a series title or a character name if you can show an original and unique use. For example, you might be able to trademark a unique word or phrase in a custom font, but you can’t trademark a word in common usage in your genre and expect to be able to enforce it.

Recipes

Have you ever visited Pinterest looking for a recipe? You find what looks like a good recipe and click through to the website, where you have to wade through what seems like the blogger’s entire life story before you get to the good stuff: the list of ingredients and the instructions.

Bloggers do this because the list of ingredients isn’t subject to copyright. Even the instructions are only subject to copyright if there is something creative about them (e.g. saying “cream the butter and the sugar” isn’t deemed creative, but posting a photograph or a video of creaming the butter and the sugar is).

What is subject to copyright is the blogger’s life story, and the accompanying photographs, which is why a Pinterest recipe is so much more than a recipe.

Conclusion

Copyright protects the author’s expression, but not the underlying facts, ideas, or theories, no matter now novel those may be … what counts is not quality or novelty but only that the work be original.
(Chicago Manual of Style, 17th edition, 4.5)

These aren’t the only seven works creators can’t copyright, but I think they are the most common. If you want to find out more, then click here to read Works Not Covered by Copyright from the US Copyright Office.

Copyright for Writers: Using Images in Blog Posts (Legally)

Copyright for Writers: Using Images in Blog Posts

Images in blog posts can be a great way to break up the text and make the reading experience more user friendly. But we can’t just use any images in blog posts.

(Note: This is not legal advice. I’m not a lawyer. I’ve never played one on TV. This is my interpretation of the doctrine of fair use, based on my reading of the Chicago Manual of Style, and blog posts written by lawyers. Caveat Emptor.)

Using Images Online

Many people will tell you that you can copy and use any image you find online. Others will tell you certain images or photographs are copyright-free.

They are wrong, as some bloggers have discovered at great cost.

All images on the internet are copyright.

Even photographs of old paintings. The paintings themselves are no longer under copyright, but the photographs are. Using these images without permission is a breach of copyright, in the same way as pirating a book or a movie is a breach of copyright.

Copyright is a form of intellectual property. It means the creator of a piece of content owns that content (apart from exceptions like a work for hire arrangement, which means your employer probably owns the copyright to any content you produce as a part of your normal employee duties).

As a blogger and writer, you want people to respect your copyright rights. You don’t want to find someone has pirated your ebook, plagiarised your paperback, or copied your blog post verbatim.

So it’s only fair that you need to respect the copyright rights of other creators—writers, illustrators, photographers, anyone who creates copyrighted material and shares it online or in real life.

This means you need to make sure you have the right to use any and all images.

Images You Can Use on Blog Posts

Your Own Photographs

If you took the photograph, you own the copyright, and you’re usually safe to use the picture. The exception might be if you’re using a picture of a famous building—some buildings are trademarked and can’t be reproduced commercially (e.g. on a book cover) without permission.

For example, the London Eye can be included as part of a skyline shot, but can’t be the main focus pf the photo. Nor can you use photographs taken from inside the Eye without permission. And while photographs of the Eiffel Tower in daytime are permissible, photographs of the nightly illuminations are not—they are copyrighted.

Note that you have to take the photo yourself in order to own the copyright and the right to use the picture. If a monkey takes a photo on your camera, the monkey may own the copyright on the image (Seriously. The court case is ongoing).

Photos You Own

You can use photos taken by someone else, but for which you have purchased the rights. If you plan to use the image commercially (e.g. on a book cover), make sure your contract includes commercial rights (and check the number of copies, and whether it includes Print on Demand). If the photo includes a model, make sure the photographer has the correct model release form.

Rights to photographs taken by someone else may be exclusive—or not. An exclusive right means the photographer can’t sell that image to anyone else. Non-exclusive rights may mean “your” cover image shows up on other books.

Free Photos from Stock Sites

You can find free photos at sites like Canva, MorgueBay, Pixabay and Unsplash. These sites use a Creative Commons 0 (zero) licence, which means:

you can copy, modify, distribute and use the photos for free, including commercial purposes, without asking permission from or providing attribution to the photographer

Other sites might require you to ask permission and/or provide attribution to the photographer and/or site. Check what acknowledgement is required the first time you use a new site, and get it right.

Canva has a list of 73 sites offering free photos. As an added bonus, they’ve ranked the sites in terms of the size of the gallery, searchability, and whether attribution is required.

Photos from Paid Stock Sites

There are many stock photography sites offering a range of images, at a range of prices. Most stock sites will allow you to download a watermarked version of the image for free, but you shouldn’t use this version for your blog post. When it comes to blog posts, you need to ensure you get the official version, the one with no watermarks.

Charges for photos vary by site, and depend on the size of the photo, and the intended use. A book cover needs a high-resolution photo, and needs a commercial licence that covers all formats of the book, and a large number of copies. A blog post only needs a low-resolution photo (which is quicker to load).

Most paid stock sites charge per download, and some charge more for better-quality photos. Some sites offer credits or bundles, with the unit cost decreasing the more you buy. Some sites operate on a subscription model.

StoryBlocks.com

I use StoryBlocks.com, which costs USD 99 for an unlimited annual subscription (there is also a USD 49 subscription which allows you to download five images a month). Their selection isn’t as big as some of the more expensive sites, and they don’t have many images that would be suitable for book covers. But it’s a great resource for images for blog posts or memes.

StoryBlocks offer a 100% royalty free worldwide licence in perpetuity, and $20,000 in indemnification coverage. Click here to view their full licence agreement.

Lightstock

I also use Lightstock—it’s great for cheese-free Christian images. It is a paid site, but you can sign up to their email newsletter and they’ll send you a link to their free download of the week. This is a cost-effective way of building up a library of photos suitable for Bible memes or photos to accompany devotional posts. The only catch is we all get the same free photo each week—there is no choice. But it’s free (unless you want to pay as you go or subscribe), and the images are beautiful.

The Fair Use Exception to Copyright Law

The doctrine of fair use is entrenched in copyright law, and does allow copyrighted content to be used under certain conditions. For example, it’s acceptable to quote from another author’s work or reproduce small amounts of graphic or pictorial material for the purposes of review or criticism.

The same fair use exceptions apply for images as they do for written content. But the application is a little different. I can’t copy someone else’s book cover. But I might be able to purchase the same photo from a stock photo site, which will mean our covers have a similar look. Yes, this is why big publishers spend big bucks on customised photo shoots for book covers.

Quote from The Space Between Words

I can (and do) use thumbnail images book covers in memes. I consider this fair use, as I’m promoting their book. If an author or publisher didn’t want me to promote their books, I would stop. (But that would be short-sighted: user-generated content is considered a sign of social proof, and many major brands actively solicit and promote user-generated content).

Do you use images on your blog posts? Where do you obtain your images?

Understanding Fair Use and Fair Dealing

Copyright for Writers: Understanding Fair Use and Fair Dealing

My previous two posts looked at Understanding Copyright and How and When Can I Use Copyrighted Material? As I mentioned, creators (including authors and bloggers) can use copyright material without permission when it falls under the doctrine of fair use or fair dealing. That’s what we’re discussing today.

As you read this, please note that I am not a lawyer, and this is not legal advice. There is a lot of great information about copyright on the internet, but none of it is legal advice. To get legal advice, you pay a lawyer licensed to practice in your state or country.

What is the Doctrine of Fair Use or Fair Dealing?

The doctrine of Fair Use (US) or Fair Dealing (UK and New Zealand) permits limited use of copyrighted material without permission. The key word here is ‘limited’. You can’t copy everything.

But there are no clear guidelines as to how much you can copy.

When Does the Doctrine of Fair Use Apply?

The United Kingdom has three uses of copyright information that provides a defence for fair dealing:

  • For the purposes of research or private study.
  • To allow for criticism or review.
  • For the purpose of reporting current events (excluding photographs).

These are pretty straightforward yes/no questions for those who are using copyrighted content. However, the use also needs to be ‘fair’, which isn’t so easy to define. ‘Fair’ can include consideration whether the use of the work affects the market of the original work, whether the amount used is reasonable and appropriate, and whether the original creator receives sufficient acknowledgement.

US law considers four factors in a Fair Use defence:

In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include:

  1. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  2. the nature of the copyrighted work;
  3. the 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.

Fair Use and Fair Dealing

Overall, while the UK and the US use different language, the intent is the same: to prevent the inappropriate unauthorised use of copyrighted material.

But what does this mean for authors and bloggers? How can we tell if our use is fair? In my non-expert opinion, there are four main questions we must ask ourselves before copying information to use in a blog post or include in a book:

  • Is the original work covered by copyright?
  • Is my proposed use commercial?
  • Is my proposed use transformative?
  • How much will I use?

Is the original work covered by copyright?

This will depend on:

  • The date the work was first published.
  • Where the work was first published.

As a general guide, anything first published before 1923 is likely to be in the public domain.

Steve Laube has blog post with some handy information on how to find if a work is covered by copyright:

Note that these are US resources. These sources may not give correct information if the work in question was first published outside the US.

Is my proposed use commercial?

Copying or reproducing copyrighted material is more likely to fall under fair use if there is no commercial benefit to the user. This means churches can quote a verse of the week in a church bulletin, but can’t reproduce and sell the Book of Acts. A quote in a free blog post is more likely to be considered fair use than the same quote in a paid book or training course.

Is my proposed use transformative?

Transformative uses add something new to the original work, and this is more likely to be considered fair use. Common examples of transformative use include commentary and criticism, and parody:

Commentary and Criticism

The principle of fair use allows authors to quote from the original work for the purpose of commentary or criticism. This could include:

  • writing an article or blog post
  • writing a book review
  • writing a news report

The underlying rationale of this rule is that the public reaps benefits from your review or blog post or news report, and that benefit is enhanced by including some of the copyrighted material.

Of course, the original author may reap some benefit as well, especially if it’s a glowing five-star review.

Transformative use implies that there is more original work than quoted work. Quoting a hundred words from another author and adding a sentence of your own is less likely to be considered transformative than quoting a sentence from another author and adding a hundred words of your own (I may be wrong. But I don’t want to be the test case. Do you?).

Parody

Parody imitates a well-known work in a comedic way (think Weird Al Yankovic or The Key of Awesome).

Parody permits extensive use of the original. Print examples include Where the Wild Mums Are and Where the Wild Dads Are.

The day Mum didn’t get dressed and went on strike, Dad called her ‘a Wild Thing’ and Mum said ‘Cook your own dinner’ and stomped off upstairs to have a bath . . .

I couldn’t possibly relate.

How much will I use?

The larger the proportion of the total work quoted, the less likely it is to be considered fair use.

This includes the quantity and the quality of the work. If you only quote one line, but that line is key, it’s less likely to be considered fair use:

Even a smaller percentage of the work can be an infringement if it constitutes the heart of the work being quoted. 

Source: Chicago Manual of Style, 16th Edition, 4.79

This question of proportion is relevant with song lyrics. A book meme (i.e. non-commercial use) quoting ten words from an 80,000-word novel is likely to be considered fair use. A novel (i.e. commercial use) quoting ten words from a 200-word song is less likely to be considered fair use. A novel quoting an entire poem is not fair use.

Unfortunately, there are only guidelines. There are no clear rules:

Courts evaluate fair use claims on a case-by-case basis … there is no formula to ensure that a predetermined percentage or amount of a work—or specific number of words, lines, pages, copies—may be used without permission.

If in doubt, leave it out.

Do you have any questions or advice on copyright or fair use/fair dealing?

How and When Can I Use Copyrighted Materials?

Copyright for Writers: How and When Can I Use Copyrighted Material?

Last week, my post introduced the concept of copyright and how it applies to authors. The most common question in the comments was about legally using copyrighted material in our own work. Today I’m discussing when and how authors, bloggers, and other creators can use copyrighted material. 
As you read this, please note that I am not a lawyer, and this is not legal advice. There is a lot of great information about copyright, but none of it is legal advice. To get legal advice, you pay a lawyer licensed to practice in your state or country.

When Can I Use Copyrighted Material?

In my research, I’ve found three instances where authors and bloggers can use material created by others:

  1. When the material is not under copyright
  2. When the copyright holder gives permission
  3. When the use falls under the doctrine of Fair Use (also known as fair dealing)

When the Material is Not Under Copyright

Public Domain

Not everything is covered by copyright. Works which are not under copyright are considered to be in the public domain. This includes works published in the US before 1 January 1923, or works by authors who died more than seventy years ago (although this “life plus seventy” rule is lower in some countries).

Facts and Ideas

Facts and ideas are not covered by copyright, but the original expression of those facts and ideas is. However, it’s still a good idea to disclose the source of your facts (especially in the modern era of fake news).

When the Copyright Holder Gives Permission

Creative Commons

Some work on the internet is covered by a Creative Commons licence—the best example is WIkipedia. This means people can copy without permission, although they should still give the correct attribution. Copying without attribution is plagiarism. There are several types of Creative Commons licence, and you can find out more at CreativeCommons.org/.

Crown (or Government) Copyright

Many government publications can be reproduced without permission in many circumstances. US government publications are public domain in the US, but copyright outside the US. Many Commonwealth countries use Crown copyright, although the specific regulations in each country are different.

In Australia, the Crown holds copyright to anything first published under direction or control of the government. Legislation and other “prescribed works” may be copied and sold, as long as the sale price doesn’t exceed the price of copying.

In New Zealand, all work produced by government departments and MPs as part of their work is copyright to the Crown. Legislation and certain other documents do not carry any copyright. Logos, emblems, or trademarks can’t be reproduced without permission, probably because that could lead to “passing off” (e.g. the scam emails with official logos claiming you owe money to a power company you don’t use).

Material covered by Crown copyright can be reproduced free of charge without permission, as long as it meets these three criteria:

  • Reproduces the material accurately.
  • Doesn’t use the material in a derogatory manner or a misleading context.
  • Acknowledges the source and copyright status of the material.

These make good guidelines for sharing any material produced by someone else, whether under copyright or in the public domain.

Creative Commons and Crown copyright are effectively forms of the copyright holder giving blanket permission for creators to use their material, as long as creators abide by specific rules. Bible translations are subject to similar terms, as I mentioned last week.

For everything else, creators need written permission from the copyright holder … unless their copying falls under what the US government refers to as “fair use” and the UK and New Zealand governments refer to as “fair dealing”. It’s too much to cover in one blog post, so I’ll cover fair use in my next post.

Meanwhile, let’s look at one more important question: how can we use copyright material?

How Can I Use Copyright Material?

Get Permission

If you want to use copyright material for commercial purposes (i.e. in a book you plan to sell for money), seek written permission from the copyright holder in advance, or ensure your use is covered by fair use/fair dealing (which we’ll discuss in my next post).

Identify Your Quotes

Make it obvious what is a direct quote by:

  • Including the quote in quotation marks.
  • Changing the look of the quote by using a different font, a different font colour, or a different font style (e.g. bold or italics).
  • Separating the quote from the main text by indenting it or placing it in a box.

Not identifying quotes is plagiarism—passing off someone else’s work as your own.

Identify Your Source

This is easy on the internet—you just need to add a hyperlink to the relevant article or blog post. It’s a little harder in a paper document, but that’s why Word includes a References section, so you can easily add captions, citations, footnotes, and endnotes.

Provide attribution to your sources even if they are out of copyright—passing someone else’s work off as your own is plagiarism. It might not be illegal in your jurisdiction (although it is in the US), but it is unethical.

Quote Accurately

Ensure your quotations are accurate—don’t change the meaning.

Keep Quotes Short

Keep your quote as short as you can while still making your point. The longer your quote, the less likely it is to be considered fair use or fair dealing. Note that there is no official formula (e.g. using less than 10%).

Additional Information

For more information on copyright and fair use in your jurisdiction, ask your favourite internet search engine. No, you can’t trust everything you read on the internet, but here are some of the trustworthy source I found:

Government Sites

Copyright New Zealand
Australian Copyright Council
Copyright law in the USA
UK Copyright Service
New Zealand Intellectual Property Office

University Sites

Harvard University
Stanford University

Not-for-profit Sites

Creative Commons
Plagiarism.org

Individual blogs and posts from lawyers or publishing professionals

The Passive Voice Blog
Susan Spann
Kristine Kathryn Rusch

If you’re still not sure whether you can copy something … don’t.

Copyright for Writers—Understanding Copyright

#AuthorToolBoxBlogHop | Copyright for Writers—Understanding Copyright

This post is part of the monthly Author ToolBox Blog Hop, organised by Raimey Gallant. We now have over 40 blogs participating. To find more Blog Hop posts:

What is Copyright?

All writers need to understand the basics of copyright for two reasons:

      • So they know their rights in regard to the work they write and publish
      • So they do not infringe the rights of other creatives

So what is copyright?

In essence, copyright is the right to copy. (Sounds obvious, right?)

Copyright includes the right to reproduce, distribute, and display copyrighted works. It is a form of intellectual property, an asset that has monetary value. Copyright law is designed to protect the rights of those who create content.

What Does Copyright Cover?

Copyright covers original works, whether words, sounds, or images, and whether published or unpublished. This includes:

      • Books
      • Blog posts
      • Music
      • Lyrics
      • Movies
      • TV shows
      • Scripts
      • Plays
      • Speeches
      • Poems

Yes, copyright broad. Basically, copyright covers the creation of any original work, in any form.

There are a few things copyright doesn’t cover, such as:

      • Ideas
      • Book titles
      • Words

I’ll deal with these in a later post.

Who Owns the Copyright to a Published Book?

The author (well, they should). The author signs a contract with a publisher which licences specific rights. This licence gives the publisher the temporary right to reproduce, distribute, and display copyrighted works (i.e. to print and sell the book).

A good contract will specify what rights are included, e.g. the format of the book, the language, and the countries the book can be sold. It will also include how the author can get those rights back (e.g. so the author can self-publish the work). Never sign a contract that’s for life of copyright. That basically means the publisher owns the book, not you.

If you want to know more about the ins and outs of publishing contracts, I recommend Kristine Kathryn Rusch’s blog.

Copyright is Automatic

Copyright is automatic for work first published after 1 March 1989. Works do not have to have a © symbol or notice of copyright to be covered. The law is more complex for earlier work, so it’s best to assume a work is covered by copyright unless you have evidence to the contrary.

Copyright is International

All countries have laws relating to copyright. While there are minor differences (e.g. the length of copyright, whether you need to register copyright), the principles are the same, thanks to the Berne Convention.

There is a legal concept known as the long arm of the law. I thought this a cliché used in Western movies, but it apparently is a real thing. Author and lawyer Courtney Milan says:

you can be prosecuted by a state so long as you have “minimum contacts” with that state.

Milan was talking about online giveaways, not copyright law, but my unlegal interpretation* of long-arm jurisdiction is that anything you publish needs to abide by:

      • The copyright laws where you live.
      • The copyright laws where you publish.
      • The copyright laws where your readers live.

So a blog post (like this one) that attracts readers from Australia, Canada, New Zealand, South Africa, the UK, and the US needs to comply with US copyright law. And Australian copyright law. And Canadian copyright law. And New Zealand copyright law. And … you get the picture.

Copyright is Universal

Fortunately, most of the principles are universal, thanks to the Berne Convention. Where things differ by country, my suggestion is to abide by the most conservative. So if a work under copyright in country A but not in country B, I suggest you treat the work as if it was still under copyright.

Here are two well-known examples:

      • The King James Bible
      • Peter Pan

The King James Bible

Most American Christians will tell you the King James Bible is out of copyright. However, it is still under copyright in the United Kingdom—copyright is held by the Crown i.e. HM Queen Elizabeth II. King James Bibles are published in the UK by the Crown’s patentee, Cambridge University Press.

So if it’s reasonable to assume your book might be purchased in the UK, it would be appropriate to include the appropriate copyright statement. (Not that I’ve ever heard of the Queen suing anyone for copyright infringement over the King James Bible. But it could happen.)

Note that it’s not the original text of the Bible which is subject to copyright, but the translation.

So all more modern versions of the Bible, including the New King James Version, are under copyright, because they are translations. Most modern translations allow authors to quote up to a specific number of verses without written permission as long as the follow specific guidelines. You can find up-to-date copyright and permission information by clicking on the relevant version at Bible Gateway.

Peter Pan

JM Barrie gifted the copyright to Peter Pan (the play and the later novelisation) to Great Ormond Street Hospital for Sick Children in 1929. That copyright originally expired in 1987, but the UK Copyright, Designs and Patents Act 1988 includes a clause that specifically states GOSH has a right to royalty in perpetuity in the UK for stage productions, broadcasting, or publication.

But that doesn’t apply internationally. The novel is considered to be in the public domain in most countries, although the play version is still in copyright in the US until 2023 (so if Hollywood wish to produce a Peter Pan movie, the producers must licence the rights from GOSH).

Copyright Infringement

Copyright infringement is a big deal. It’s against the law in the same way as stealing is against the law.

Plagiarism is quoting other people’s work without appropriate attribution.

Author Rachel Ann Nunes found her Christian romantic suspense novel, A Bid for Love, had been plagiarised by “Sam Taylor Mullens”. Mullens was later discovered to be Tiffanie Rushton, a teacher from Utah. She also indulged in identity theft, using the real names of her third-grade students to create fake accounts to review her own books. Yes, a real sweetie.

Rushton changed the point of view in A Big for Love from third person to first person, and added some sex scenes. Nunes started a GoFundMe page to fund her legal defence. It’s taken four years, but she’s finally been awarded the maximum statutory penalty, $150,000 (which doesn’t sound nearly enough for a case that’s taken four years).

Does This Mean I Can’t Use Copyrighted Material?

You can still use copyrighted material if you have written permission from the copyright holder (note that this may not be the original creator—Paul McCartney doesn’t own the rights to most of the 250+ songs he created with John Lennon).

You can also use copyrighted material without permission in certain specific circumstances, as outlined in the US doctrine of Fair Use.

I’ll be back next week to discuss Fair Use, and give some tips for using copyrighted material without getting into trouble.

Please note that I am not a lawyer, and this is not legal advice. There is a lot of great information about copyright on the internet, but none of it is legal advice. To get legal advice, you pay a lawyer licensed to practice in your state or country. 

What questions do you have about copyright?

 

Front Matter

Self-Publishing Your Book: Writing Your Front Matter

You’ve finished your book. You’ve outlined, written, revised, edited, edited, edited and proofread 20,000 or 50,000 or 80,000 or more words. Now it’s ready to publish, but there is still more to be written.

You need your front matter and back matter.

A published book is made up of three parts:

  • Front Matter
  • Body
  • Back Matter (also called End Matter)

Today we’re going to look at the front matter: what’s included before Chapter One. This week we’re going to look at the three must-haves of front matter, and two might-haves:

  • Endorsements
  • Title Page
  • Credits Page
  • Dedication
  • Table of Contents

Endorsements

Endorsements are short two to four line quotations aimed at encouraging the reader to buy the book. They may be from prestigious reviews (e.g. Publishers Weekly or Romantic Times), or from well-known authors in the genre. With trade-published books, these are often authors published by the same publisher. Some authors include comments from customer or fan reviews.

An endorsements page is optional. If included, it is usually the first one or two pages of the book, starting on the right-hand page.

Title Page

The title page is always a right-hand page in the front matter. It may be the first page in the book, or it may follow the endorsements.

Credits Page

The credits page or imprint page includes the legal information:

  • Title
  • Publisher name (address optional)
  • ISBN number/s
  • Copyright
  • Permissions
  • Other Credits
  • Disclaimer/s

The credits page is always a left-hand page. It may be opposite the title page, or opposite the dedication page.

ISBN Number/s

The ISBN Is the International Standard Book Number, which allows booksellers to order your book and know they have the correct edition. Different editions of the book will require a different ISBN e.g. paperback, hardcover, ebook. A reprint may use the same ISBN as the original edition, but a new or updated edition may require a new ISBN.

Books are not required to have an ISBN, but it is recommended if you wish to sell through online retailers. Note that Amazon has its own categorising system, the ASIN (Amazon Standard Identification Number). ISBNs are free in some countries (e.g. Canada and New Zealand), but must be purchase in others (e.g. Australia or the United States of America).

Copyright

The copyright information will include:

  • The text copyright (the author/s)
  • Cover copyright (the cover designer)
  • Image copyright (the photographer or stock image site)

The cover designer may or may not retain copyright over their work. This will be covered in your contract, and they should also advise you of their preferred wording e.g. whether they need to be acknowledged as the copyright holder (Cover design © Designer X) or credited (Cover by Designer X).

There should also be a statement to the effect that all rights are reserved, and that the book may not be copied or reproduced in any form without written permission. Many books make a specific exception for short quotations in reviews (a use which is permitted under copyright law in most jurisdictions).

The actual wording of this section may depend on where you live or where the book is published.

Permissions

Authors cannot quote the copyrighted work of another creator without permission. The Credits Page will therefore include the necessary permissions e.g.

  • Bible quotations: most versions of the Bible can be quoted subject to certain restrictions (e.g. less than 500 verses, and not a complete book). Check Bible Gateway for further details.
  • Song lyrics: song titles are not subject to copyright in most jurisdictions, but song lyrics are. Lyrics should not be reproduced without permission. The copyright holder will be able to provide their preferred/required wording.

Other Credits

The author or publisher may wish to credit the cover designer, editor, or typesetter/formatter.

Literary agents may be mentioned as well.

Disclaimer/s

A novel may include a statement that the characters and events depicted in the novel are fictional (assuming they are—some novels are based on real-life events), and any resemblance to actual people living or dead, or to events is coincidental and unintentional.

A historical novel that includes a mixture of real-life people and imaginative characters may include a statement to that effect.

Dedication

The dedication is usually a short one or two-line statement from the author. This is always on the right-hand page. It is often opposite the Credits page.

Table of Contents

Non-fiction books will have a table of contents as part of the front matter. This will usually include chapter numbers and chapter names. It may be broken down into parts, or chapters may have subheadings. The format of the table of contents will depend on what makes sense given the structure of the book.

Novels may or may not need a table of contents, and most don’t. However, Amazon requires Kindle books to have a Table of Contents in the front matter, even if it is as basic as Chapter One, Chapter Two (and most are that basic).

The table of contents starts on the right-hand page, and comes after the title page, credits page, and dedication.

Other Front Matter

There are other elements which may be included in the front matter or the back matter. We’ll discuss those next week … as well as the differences between front matter in paper books compared to ebooks.

Meanwhile, do you have any questions about front matter or end matter?