To Copyright or Not to Copyright?

© is the copyright symbol in a copyright notice (Photo credit: Wikipedia)

File this under: Just when you thought it was safe to use social media . . .

Two days ago, The Kansas City Star published an article entitled “Digital Era Puts Your Photos in Odd Places” by Judy L. Thomas, which describes the thorny issues of copyright protection in the modern era of photo sharing, file sharing, and social networking.

The thrust of the article: Items you may not think of as needing copyright registration probably do.

The article begins with the story of a bride who was shocked to discover one of her wedding photos had been used by the diocese in which she was married for an ad in a bridal magazine. The photo had been stored on the church’s computer, where the bride’s mother worked at the time of the wedding.

The diocese justified its use of the photos because the bride had never filed for copyright protection of the photos.

Copyrighting wedding photos? Who would think to do such a thing?

And yet Thomas drives home the point that anything you publish (e.g., put on social media outlets such as Facebook and Twitter) may be used in ways you don’t want them to be used unless you file for federal copyright protection.

Facebook Can Use My What?!?

Facebook, Twitter, and other social media outlets offer writers an enormous avenue to reach prospective readers, network with other writers, and promote their work. But even these sites may stake claims to using whatever you post for their own purposes.

Facebook’s “Statement of Rights and Responsibilities” (which you can access at the bottom of your FB homepage by clicking on “Terms”) specifies that, by using Facebook, you give the site license to use any intellectual property content you post, such as videos and photos—a license that ends only when you terminate your account (though backup copies of posted material may continue to exist, the site says).

If you think it’s unlikely that Facebook would use your photos, artwork, or posts for its own ends, you’re probably right. However, the material we post online can wind up in the unlikeliest places. What if your child’s high school graduation photo shows up on a billboard? That really happened to a woman, according to her Ohio attorney quoted in the Star article.

Copyrights and Copywrongs

Copyright is widely misunderstood. Basically, it is a form of legal protection for “original works of authorship” created in “a tangible medium of expression,” according to the U.S. Copyright Office’s website. Furthermore, a work has copyright protection the moment you created it.

But don’t rejoice just yet. In one of those legal-loophole type things, you need to actually register your work in order to sue for infringement, according to the site. The benefits for registering your work include having a public record of your registration and possible eligibility for statutory damages and attorney fees.

Registering a copyright can be done online at the site above. Fees are $35 for a basic registration and $65 for a group of photographs.

So, should you copyright everything you post on Facebook and Twitter?  Probably not—unless you’re insanely wealthy and paranoid. But knowing your rights and making informed decisions can help you avoid the risk of that brilliant piece of art being used to promote tobacco-flavored cheesecake without your permission or compensation.

How To Succeed in the Business of Writing if You DON’T live in the Kansas City Area

Okay, maybe my last post was a bit unfair. For writers who do not live in the KC area or otherwise could not come to The Business of Writing - Success, here are a few nuggets of wisdom the 80 or so attendees got to hear from a few of the dozen experts:

• YouTube as a social marketing platform and search engine.  Are you aware that YouTube is the second most popular search engine after Google? Neither was I. Younger generations, I was also surprised to learn, visit YouTube before Google. (This is valuable information for those of us who write for children and young adults.) Creating vlogs (video logs) is a great way to engage your audience. “People want friends and engagement,” said Leah Stella Stephens, a self-described YouTube junkie who posts videos as Stellabelle. “If you’re boring and dull, that’s fine. There’s a place for you on YouTube,” says Stephens, who is anything but boring and dull. (How can anyone who wears a green, feathered wig be either?) "Be yourself. No one is exactly like you. Take risks."

• Develop your brand and be consistent.  There’s a reason why Coca-Cola cans are red and white and why those colors resurface in every commercial Coke makes (including white polar bears), says Kelly Dobyns Ziegler, principal of ZiggyFranz Advertising. Your brand, which can include colors, symbols (Nike’s swoosh), or special fonts (Stephen King’s), identifies who you are to your customers. Your brand should have “one voice,” Ziegler said, and should be present on your author website, email signature, business cards, and so forth.

• What makes someone say, “I’ll have what she’s having”?  This question was posed by Cyndi Swall, who describes herself as an executive coach and bliss mentor. Her answer was authenticity. “There can’t be a disconnect between the work you have created and how you show up in the world,” she said. “Perception is reality. Who are you, and what do you want me to feel about your work?” According to Swall, the story you are telling is your own and what’s possible for you.

• Why aren’t booksellers just thrilled when you bring in your newly published book for them to sell?  Pat Worth, co-owner of River Reader in Lexington, MO, gave several possible answers. Are you coming in at a bad time and expecting the owner to drop everything to work with you? Did you do your research to find out if this bookstore caters to your audience? Are you selling your book at competing venues down the street? Any of these actions can turn off a prospective bookseller, said Worth. On the other hand, coming in prepared can make booksellers want to carry your book and help you promote it. “You must have a website,” she said. “What materials do you have to help us sell your books—posters, shelf talkers?  Would you be available for NPR interviews?”

• Worried about copyright issues?  Donald R. Simon, J.D./LL.M, president of Simon Business Consulting, Inc., gave practical advice for protecting yourself and others. When submitting to a publisher, said Simon, “make sure you don’t send out stuff unsolicited. Only send it to people who have requested it." Simon stressed that writers should establish relationships with publishers or agents before sending their work. He also discussed work-for-hire contracts and clarifying who’s going to own the property if you’re working with collaborators. “Get it in writing,” he said.

Developing relationships was one of the recurring themes of the day.  Authors need to build positive relationships with their audience, of course, but also with booksellers, publishers, literary agents, and each other. The Business of Writing - Success was all about developing relationships and being authentic.

So if you missed out, don’t fret. Seek out opportunities to learn from professionals in your area, and don’t be afraid of change. Cyndi Swall, the executive coach, could easily have been talking about writing when she said, “Coaching is always about forward motion.” She encouraged each writer to ask, “Is what I’m thinking and doing in support of my new story, or is it keeping me stuck in my old story?”

How are you moving forward?