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Sunoasis X 2006 V3 Issue 9
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David Eide
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Sep 30, 2006 20:41 PDT
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S U N O A S I S X 2 0 0 6
Volume 3 Issue 9
September 2006
"Reading is a luxury in the same way that eating
and breathing are."
- G. Armour Van Horn
_____________________T A B L E O F C O N T E N T S
1) [Editor Notes- Our Right to Write is the Law]
2) [Resources]
3) [Job Lead - Markets: Inflight publications]
4) [C/Oasis - An essay, a story, book reviews]
5) [Community - Writer Conferences]
http://www.sunoasis.com/sunoasisblog.html
Switch to the online version right now!
http://www.sunoasis.com/honor.html
I'm not charging for subscriptions but if the spirit
moves you please use the Amazon Honor System. Thanks.
Enjoy this issue! Forward any comments to:
eide-@earthlink.net
__________________E D I T O R N O T E S
Two trends exemplify the schizoid world we live in.
On the one hand writers are trying to take as much
control of their creative life as they can.
On the other end is a kind of merging of souls into some
mystical, medieval world of oneness.
Well, we dream. It is a good time for dreamers.
Writers, generally, do not merge. They differentiate and
make differences stark and real. A decent writer is produced
when she believes her writing is the most important thing
in the world and fights for that attitude even when she
knows better.
To get to this point the writer has to have a fastidious
belief in ownership. The ownership of ones talents and
labors is paramount in the modern culture.
And ownership for writers means copyright.
* * * * *
I've had a few questions about copyright recently. One was
from a guy who wants to start a magazine and needed to know
how to protect the contents of his efforts. Another was
from a writer in Canada who was very confused about the
subject.
Make sure you read the extensive material in the links to
get the full flavor of a writer's right to own his or her
talents.
F A C T S O F T H E M A T T E R
* The U.S. Copyright Office has raised the cost to register
a piece of writing from $30 to $45.
* Writers are always told, "the moment you write something
in a fixed form you have a copyright, but it's best if
you apply for it in case you need to prove your case
in court."
* The "poor man's copyright" of sending yourself material
you want to copyright is practically worthless.
* It's prudent to fill out the forms and send in the fee to
the Copyright Office. It's a procedural thing but could
be of great benefit down the line, depending on the nature
of your work.
* If you register and then sue for infringement you receive
automatic damages plus attorney's fees under the 1976
Copyright Act.
* Registration of copyright for written materials is
considered "prima facie evidence in a court of law."
* Once it gets published it should have the infamous
copyright mark, year of the first publication, and
name of the owner of the copyright.
* Copyright does not protect ideas. It protects the way
in which a copyright holder has dealt with those ideas,
in the words, the tone of voice, and the structure of
the writing.
* If you are a full-time employee or sign a "work for hire"
contract the copyright belongs to the person employing
you. If you work for the U.S. Government most written
work you do as part of your duties is not covered by
copyright.
* "Fair use" is a defense against the claim of a copyright
infringement and goes to any number of factors. Read the
links at the end of this article for a complete
understanding of this important concept.
* If you want to use some copyrighted material the best
policy is to ask permission.
http://tyler.hrc.utexas.edu/us.cfm
By the way, if you are looking for a U.S. copyright holder
use this great outline by the University of Texas.
* * * * *
Exclusive rights is a key concept in understanding your
property rights. According to my legal resources Bunnin and
Beren, copyright is a bundle of rights that include:
1- The right to reproduce the work.
2- To prepare derivative work based on your original.
3- To sell copies of it.
4- To perform it in public.
5- To display it in public.
For work created after January 1, 1978 your copyright extends
seventy years past the end of your life.
http://www.copyright.gov/circs/circ1.html#hlc
You might tell your heirs about that one or send them to the
above link that explains about work created before and after
1978.
http://freelancerights.blogspot.com/
In my research I came across this blog by Irv Muchnick that
seems testy and worth linking to.
http://tinyurl.com/fpb7l
And read this counter-story by Charlotte Allen on her
inclusion in the class-action infringement suit "Literary
Works in Electronic Databases Copyright Litigation."
http://media.gn.apc.org/c-rights.html
Even though this document from the International Federation
of Journalists was written ten years ago, it is still an
excellent backgrounder to some of the issues writers and
publishers are grappling with.
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An interesting part of this copyright law is how it deals
with titles. Titles can not be copyrighted and yet they are
protected if the person using a similar title is using it
as a device to trick the public in believing it is connected
to the original creator. It's called "palming off" or
"passing off."
* * * * *
Another interesting tidbit: If your work is libelous it will
still be copyrighted since the libel hasn't been established
yet in a court of law.
* * * * *
Still another: If a freelance writer writes for a
publication it is never, by itself, a "work for hire." That
type of binding work that gives your copyright to the
publisher must be put into a formal contract and signed by
both parties. Remember to read the contract!
* * * * *
The vast majority of freelance writers do not register
articles they sell to publications. Some say it's 99% of
writers but we can't confirm that. Books are a different
matter. The most tangible example of the good that comes
with registration is the recent settlement of the Tasini
case where writers who had registered their articles got
much more than writers who did not.
* * * * *
http://en.wikipedia.org/wiki/DMCA
A writer wrote me this year saying she had seen her writing
on a web page without her permission. After some research we
ran into the "Notice and Takedown" provision of the Digital
Millennium Copyright Act (DMCA). In it a writer can write to
an ISP and ask the infringed material be taken down without
subjecting the ISP to the legal hassles of harboring pirated
copyright material.
I N T E R N A T I O N A L C O P Y R I G H T
http://www.wipo.int/portal/index.html.en
Writers need to know that copyright is respected all around
the globe. Most countries have agreements with each other
about copyrights and belong to the World Intellectual
Property Organization (WIPO).
Global anecdotes:
Russian writer Vladimir Sorokin wrote a novel "Blue Lard."
It included a gay sex scene between Stalin and
Krushchev and instigated a protest that included a
public burning of the novel. Here's the interesting
part: people passed out extracts of the work to passers-by.
Sorokin claimed copyright infringement but a Moscow
court ruled in favor of the protestors.
* * * * *
In April of 2000 a publishing house in China published works
in an essay collection. Twenty-five writers and their agents
sued, including notables Cong Weixi, Zhang Kangkang, and
Xiao Fuxing, and an Beijing court ordered the publishing
company to apologize and pay them 680,000 yuan for economic
losses.
* * * * *
The government copyright offices of various countries are
usually resourceful. Remember to respect your rights and
the rights of others.
Here are a few:
http://www.copyright.gov/
The United States
http://www.cb-cda.gc.ca/info/registration-e.html
Canada
http://www.intellectual-property.gov.uk/
Great Britain
http://www.droitsdauteur.culture.gouv.fr/
France
http://www.ncac.gov.cn/
China
http://www.cric.or.jp/cric_e/
Japan
http://copyright.gov.in/
India
http://tinyurl.com/445se
A collection of national copyright laws from UNESCO.
http://tinyurl.com/jk2oe
Copyright infringements are certainly wrong. But that’s not
exactly what repurposing print content for the Web is all
about.
http://tinyurl.com/kz2qd
Having been accused of copyright infringement, Google
appealed. Who will win and what will it mean for the future
of news aggregators in Europe?
http://tinyurl.com/fxnqf
Here's the answer with more to come. A set-back for Google.
B R I E F O N W R I T E R S R I G H T S
http://tinyurl.com/eg5zq
Definitions of rights you possess when you approach
a magazine with a piece of writing.
http://www.authorsguild.org/?p=103
The Author's Guild has an outline of electronic rights for
writers.
http://www.asja.org/pubtips/wmfh01.php
ASJA outlines what "work-made-for-hire" and "all-rights"
contracts are about.
F O R M S
http://www.copyright.com/ccc/do/viewPage?pageCode=cr3
This contains forms and instructions for U.S. copyright
seekers.
F I N A L T H O U G H T S
Ownership of one's talent and work is a crucial and
meaningful principle.
To appreciate this all you need to do is look at the history
of copyright and how ownership shifted from printers and
publishers slowly over to writers. We are in another
epoch-making shift where a writer's ownership is both
enhanced and threatened by digital publishing.
The poet Wordsworth was tireless in his efforts to improve
the copyright laws of early 19th century England.
"The wrongs of literary men are crying out for redress on
all sides. It appears to me that towards no class...are the
laws so unjust and oppressive." I like the fact he separated
out writers as a distinctive class.
Below are terrific resources that will help clarify and
deepen your understanding of terms, uses, history, and current
issues of copyright:
http://www.copyright.com/
The Copyright Clearance Center is full of resources.
http://www.copynot.org/
Copyright Information Services
http://www.cdt.org/copyright/
Center for Democracy and Technology keeps tabs on current
legislation and has resources.
http://tinyurl.com/374b4
Copyright and Fair Use Overview from Stanford University
http://www.fplc.edu/tfield/cOpyNet.htm
Copyright on the Internet
http://tinyurl.com/2kp6a
Copyright Term and the Public Domain in the U.S.
http://copylaw.com/new_articles/fairuse.html
Fair Use in a Nutshell
http://www.webreference.com/new/010628.html
Michael Landau discusses the Tasini case.
http://www.msen.com/~litman/digital-copyright/ch2.html
This chapter from Jessica Litman's book on Digital Copyright
outlines some of the problems of this crucial question.
http://www.open-spaces.com/article-v2n1-loren.php
This is a long scholarly discussion of copyright and the
original intentions of the Constitution.
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http://tinyurl.com/e64j4
I enjoyed this farewell blog from the book reviewer of the
Dallas Morning News. He writes about how reading has been
tainted as a leisure activity rather than a necessity. He
quotes the critic David Denby on the current state of media,
"(it is) information without knowledge, opinions without
principles, instincts without beliefs."
Huzzah Mr. Denby, you have spoken the bitter truth of
the matter.
_________________________________R E S O U R C E N O T E S
If you are a beginning writer or thinking you want to get
involved in the writing life please use the articles here:
http://www.sunoasis.com/freelanceresource.html
There are many useful tips, links, and features that can
set you on your way.
There is also a rich array of links for every type of
writing resource here:
http://www.sunoasis.com/newmanna.html
Sunoasis.com was developed with the writer and editor in
mind. Enjoy your stay!
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_________________B U S I N E S S O F W R I T I N G
http://blogcritics.org/archives/2006/08/30/213908.php
The freelance writer as a hired gun.
http://tinyurl.com/kgy37
So you want to be a freelance writer in NY City? Or,
any city for that matter? According to this guy, "If you
can report, and you can make a good sentence, that's all
that matters." Interesting guy, interesting interview.
http://tinyurl.com/frrwa
Here, the professor makes a very strong statement about
how journalism morphs into different forms. It's not print
or digital; it's reporting. Who will do it, what resources
will they do it with, who will edit and fact-check them?
http://j-learning.org/
This is a site for those who are interested in community
journalism. I would recommend it to any writer or editor
interested in getting a presence on the internet.
http://www.chicagomanualofstyle.org/home.html
The Chicago Manual of Style will soon be available online by
subscription. The price for the online manual will be $25
for individuals in the first year, $30 thereafter. The list
price of the hardcover print version is $55.
http://tinyurl.com/fqxqc
Do you need to give a quote for your freelance services?
Here's a way to figure it out.
_________________B U S I N E S S O F P U B L I S H I N G
http://tinyurl.com/ne6oc
Sony plans to launch an electronic book store on the
Internet and start selling a device that displays e-books
purchased from the store. Sony's new portable reader, which
reviewers say mimics the quality of regular paper,
will sell for about $350.
http://tinyurl.com/j8f32
Let Mr. Magazine explain why "niche" is the future of
magazine publishing. As goes the magazine publishing trend,
so goes the freelance writer.
______________W R I T I N G O R G A N I Z A T I O N S
http://www.gardenwriters.org/
Garden Writers Association
http://www.nasw.org/
National Association of Science Writers
http://www.storycircle.org/index.html
Story Circle Network
http://www.wordcraftcircle.org/mc/page.do
Wordcraft Circle of Native Writers and Story Tellers
http://www.swet.jp/
Society of Writers, Editors, and Translators (located
in Japan)
http://www.westernwriters.org/
Western Writers of America
There are many more links to writing organizations here:
http://www.sunoasis.com/newmanna.html
____________________J O B L E A D S A N D M A R K E T S
Writer
Valley Forge, PA
Vanguard, one of the world's leading investment management
companies, needs a creative, disciplined writer to develop
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communications, in a variety of different media including
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your writing to various audiences, such as sophisticated
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investors.
For Full Ad:
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____________________________________________________________
Copywriter/Editor
Location: Paris, France
Present in more than 150 countries, Carlson Wagonlit Travel
(CWT) is a world leader in business travel management. In
order to support the development of its global Corporate
and Marketing Communications Department, CWT is recruiting
a copywriter/editor. Copywriter/Editor M/F English native
speaker
For Full Ad:
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____________________________________________________________
GUIDELINE and CONTACT INFORMATION ABOUT:
INFLIGHT Publications:
http://www.horizonairmagazine.com/contributor/writers.php
Horizon Air
Pays $450 and up for features
http://tinyurl.com/l4f7x
Hemispheres Magazine
Pays $.50/word
http://tinyurl.com/gloku
Midwest Airlines Magazine
Pays $100 - $650 for feature articles.
http://www.worthit.com/ver2/2publications_wcpc.asp
Skylights
Pays $.40 a word
http://www.spiritmag.com/Default.aspx?tabid=132
Southwest Airlines Spirit
Pays $1/word
http://www.spiritofaloha.com
Spirit of Aloha
Pays $500 and up
http://www.washingtonflyer.com/editorial_calendar.asp
Washington Flyer Magazine
Pays $500 - $900 per article
For more guidelines go here:
http://www.sunoasis.com/sunoasismarkets.html
___________________________________________________________
C / O A S I S
http://www.sunoasis.com/schwartzessay.html
The Acumen for Survival and Advancement
by G. David Schwartz
A series of motifs in literature allows us to say, as a
general principle as well as an experiential possibility,
no one wants to be the younger brother. In folktales, the
narrative perspective is generally either told from the
point of view of the older brother, or else the younger
brother is telling the tale of the younger brothers' death.
___________________________________________________________
http://www.sunoasis.com/diva.html
DIVA by Elizabeth Varadan
"It’ll be nice to see my grandbabies," Renee chattered
nervously. Since they’d left the bus depot the taxi driver
had only made noncommittal grunts to her comments.
"Six months old," said Renee. "Twins. A boy and a girl."
Rose had sent her a picture with the birth announcement.
They both had shocks of dark hair like her daughter’s above
their wrinkled faces.
_________________________________________C O M M U N I T Y
http://www.asja.org/calendar/calendar.php
October 10, 2006
Writing for the lifestyle and home service markets
Open to Public
New York, NY
ASJA's second event of the 2006-7 season showcases a
stellar panel of editors and writers in the food and
shelter magazine markets.
http://writing.shawguides.com/search?t=October&r=359
Guide to Writers Conferences and Workshops for October.
The international Cat Writers' Association (CWA) will hold
its 13th annual writers' conference in Foster City, CA near
San Francisco on November 17-19, 2006. The conference is
open to anyone interested in pet writing and will feature
two days of professional seminars with nationally known
speakers on topics including contracts and copyright, book
promotion, online writing, the human-animal bond and feral
cat issues, and a magazine editor panel.
For More Information:
http://www.sunoasis.com/tips.html
_______________________________________E T C/ E T C/ E T C
Editor/Publisher: David Eide
E-Mail: <mailto:eide-@earthlink.net>
Sunoasis X 2006 is fully protected by copyright.
Please ask permission if you are going to use any or
all of this publication.
Reprint rights belong to the authors.
Contact them if you wish to use their material.
Unauthorized use of any material is strictly
forbidden.
Our hope is that we can help and enhance the world
of writing, publishing, and editing.
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