Showing posts with label Writers in Wonderland. Show all posts
Showing posts with label Writers in Wonderland. Show all posts

Wednesday, May 8, 2013

Ever Wonder if Your Words are Lawful?

by

Janine Harrison
 
"A big part of writing is learning how to cause trouble without getting into trouble," states Michael Poore, fiction writer, "and Writers in Wonderland is an easy course in accomplishing that." On May 1st, Attorney at Law Kathryn Page Camp's book, Writers in Wonderland: Keeping Your Words Legal, was released. Camp shared some information about the new title with the IWC.
 
Q: What is your new book, Writers in Wonderland, about, and what made you decide to write it?
 
A: Writers in Wonderland uses everyday language and shares cases with interesting facts to explain the basic legal principles of interest to writers. The issues include copyrights, defamation, book contracts, taxes, and business matters.
 
As a lawyer who is also a writer, I have long been interested in these issues. Through the years other writers have asked me legal questions that I was happy to answer or, in many cases, to research and then answer. Encouragement from my fellow writers became the primary motivation for writing the book.
 
Q: What expertise do you have in this area of specialization?
 
A: I practiced as a regulatory attorney in the futures industry, where I learned a lot about the business world. I'm a member of the Chicago Bar Association's Intellectual Property Committee and keep up with developments in copyright law. I'm also trained in legal research and believe in doing a thorough job. That means I've read a lot of cases involving writers.
 
Q: What makes WiW different from other books like it that are already on the market?
 
A: I'd be the first to admit that there are a number of other legal-themed books for writers, and I used many of them as a starting point for my own research. But they aren't always easy for non-lawyers to understand, and those that manage to limit the legalese tend to be boring. I'd like to think that this book is unique among the competition because it entertains while teaching.
 
Q: Why should writers be concerned about keeping our words legal? What can happen if we don't?
 
A: Defamation lawsuits, copyright litigation, IRS proceedings, and more. Many of the high-profile copyright cases were filed by individuals claiming that famous writers stole their ideas. But ideas can't be copyrighted, and all that the plaintiffs got were public scorn and bills for legal fees.
 
Litigation is expensive, and the parties rarely recover their attorneys' fees even when they win. So it is usually better to avoid a lawsuit in the first place. Victory isn't sweet if your lawyer is the only one who benefits.
 
Obviously, some writers choose to take a calculated risk. Authors risk defamation lawsuits when they write unauthorized biographies of living people, yet those biographies are easy to find on bookstore shelves. But you can't take a calculated risk unless you know the factors that go into the calculation.
 
Q: What was the most interesting part of the research and writing process of WiW for you, and why?
 
A: I love doing research, and I particularly enjoy human interest stories. My favorite cases are the ones that personalize the people involved. The IRS proceeding against Ralph Vitale is a good example. Vitale wrote novels about legal prostitution in Nevada, and he tried to write off his payments to prostitutes as research expenses. The tax court judge found that writing was Vitale's business and allowed him to deduct some of his costs. But the judge also said that certain expenditures are so inherently personal that they can never be business expenses for tax purposes, and he put Vitale's "interview" payments in that category.
 
The best part of the actual writing is looking for ways to be creative. That's why I chose a Lewis Carroll theme for Writers in Wonderland. I had the most fun rewriting the March Hare's conversation with Alice at the beginning of Chapter 2.
 
Q: Is there anything else that you would like to share about your experience writing Writers in Wonderland or about the book, itself?
 
A: There is nothing like having a good critique group, and it's even better when the group is composed of people from your intended audience. I'd like to thank the members of the Highland Writers' Group for their valuable input.
 
 
According to Poore, Camp is "...a lawyer who can be helpful without making us want to scream." As a writer, I know what else would make me want to scream--a lawsuit! Writers in Wonderland is available on Amazon.com and is coming soon to other retailers.


Wednesday, April 24, 2013

Copyright Bullies

by
Kathryn Page Camp
 
 
These days we hear a lot about children and teens who bully their classmates. We also hear about the copyright police--the ones who remind bloggers and middle school music pirates to honor copyrights. But we rarely hear about the copyright bullies.
 
Copyright bullies are those publishers who try to scare us out of using their materials for any purpose whatsoever (with the sometimes exception of book reviews). The law reserves certain rights to the public, but these copyright bullies and their lawyers don't want us to know that.
 
Many books have this warning in front: "No part of this book may be reproduced in any form, except for brief quotations in printed reviews, without permission in writing from the publisher."
 
Wrong. There are a number of what the law calls "fair uses," and brief quotations in printed reviews is only one of them. To make a general and far too simplistic statement, a fair use is one that takes a short excerpt and uses it in a way that transforms or complements the copyrighted material rather than replacing it. You can find a detailed discussion of fair use in my new book, Writers in Wonderland: Keeping Your Words Legal (KP/PK Publishing 2013), which will be available May 1 from Amazon and is coming soon from other retailers.
 
Then there are those works that have been around so long that copyright laws no longer protect them. This is called being in the public domain. People can use public domain materials any way they want, although they should attribute the source.
 
I found the most flagrant attempt at copyright bullying in a book that compiles several of Lewis Carroll's works--all of which entered the public domain decades ago. In that book the warning states: "No part of this publication may be reproduced in any way or by any means electronic, mechanical, photocopying, recording, or stored in an information retrieval system of any kind, without the prior permission in writing from [Publisher], except in the case of brief quotations embodied in critical articles and reviews."
 
Huh? All the material is in the public domain, which is where the publisher got it from in the first place. The reader is free to copy at will without worrying about copyright infringement.
 
We should all be careful not to violate copyrights, and some warning is necessary.
 
But don't be intimidated by copyright bullies.
 
* * * * *
 
Kathryn Page Camp is a licensed attorney and full-time writer. Her new book, Writers in Wonderland: Keeping Your Words Legal (KP/PK Publishing 2013), will be available from Amazon on May 1 and is coming soon from other retailers. Kathryn is also the author of In God We Trust: How the Supreme Court's First Amendment Decisions Affect Organized Religion (FaithWalk Publishing 2006) and numerous articles. You can learn more about Kathryn at www.kathrynpagecamp.com.