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Inklings Issue 6.05
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i n k l i n g s
Inkspot's newsletter for Writers on the Net
http://www.inkspot.com
Issue 6.5 March 15, 2000
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<http://www.inkspot.com/inklings/issues/ink0605.html>
This issue features a column by Charles Deemer (ASK THE
SCREENWRITER) that explains variations in screenplay formats,
and valuable information from Charles Petit on what to do if
you find that your work has been "pirated."
This issue sponsored by:
*****************************************************************
XLIBRIS exists to help authors publish. Promptly, permanently.
You retain control. We make it happen: your book in beautiful
hard cover and trade paperback editions, available on-demand,
forever. Call for a free information pack: 1-888-7XLIBRIS, email
info@xlibris.com or visit us online: http://www.xlibris.com/ink/
*****************************************************************
WRITER'S DIGEST invites you to enter the 69th ANNUAL WRITING
COMPETITION. More than $25,000 in prizes! Win a trip to New York
City to meet with editors and agents or a trip to the 2001 Maui
Writers Conference. Deadline: May 31, 2000. For details and an
entry form, see http://www.writersdigest.com/ink_contest.asp
*****************************************************************
SANTA FE WRITERS PROJECT offers literary awards and writers'
resources. Our current literary awards program features cash
prizes and the opportunity to have your work reviewed by
established agents and producers. Visit us at:
http://www.sfwritersproject.com
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ISSN 1205-6413. Copyright 1995-2000 Debbie Ridpath Ohi. See end
of issue for copyright/contact info. http://www.inkspot.com
*****************************************************************
CONTENTS THIS ISSUE:
From the Guest Editor's Desk
Fresh Ink and Market Information
Ask the Screenwriter
Protecting Your Work from Electronic Pirates
by Charles E. Petit, Esq.
Writers' Classifieds
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FROM THE GUEST EDITOR'S DESK
----------------------------
Having recovered from her jet-setting concert tour :-), Debbie is
taking time off from Inklings to finish up her book for Writer's
Digest, and also to oversee some exciting changes in Inkspot. In
the interim, your intrepid "Associate Editor" will be handling
the next few issues of Inklings, and occasionally offering my own
maunderings on the world of writing.
New on Inkspot
--------------
The following articles have recently been posted to the Inkspot
"feature" section:
By Any Other Name: Writing Under a Pseudonym, by Moira Allen
http://www.inkspot.com/feature/pseudonyms.html
Creating a Webzine, by Jason Gurley
http://www.inkspot.com/feature/gurley.html
Follow that Character, by J. Michael Blue
http://www.inkspot.com/feature/character.html
How to Build a Writer's Biography, by Megan Kopp
http://www.inkspot.com/feature/kopp.html
How to Combat Writer's Block, by Cheryl Burch
http://www.inkspot.com/feature/block.html
How to Improve Your Writing -- Without Writing a Word
by Chandra Beal
http://www.inkspot.com/feature/improve.html
A Quick Guide to Manuscript Formats, by Moira Allen
http://www.inkspot.com/feature/manuscripts.html
Ten Commandments of a Writing Business, by Aine Greaney
http://www.inkspot.com/feature/commandments.html
Upcoming Chat
-------------
Be sure to stop by on March 29 to visit with Warren Adler, author
of over 20 novels including "War of the Roses" and "Random
Hearts" (both made into movies). The chat will be held at 9
p.m. EST (8 p.m. Central) at the Inkspot Chat Center, at
http://www.inkspot.com/ss/iwcc. Find out more in the Inkspot
Writers' Community Center section toward the end of this issue.
Coming next week in Global Writers' Ink
---------------------------------------
Tips on effective travel writing, and an insider's guide to
publishing your own "international" magazine.
- Moira Allen, Associate Editor
*****************************************************************
FRESH INK
---------
PRIZE GIVEAWAY: 2000-2001 WRITER'S GUIDE TO BOOK EDITORS,
PUBLISHERS AND LITERARY AGENTS
---------------------------------------------------------
By Jeff Herman. This extensive directory provides names, contact
info, and profiles of key people. Also includes 20 essays about
the book-publishing industry, covering topics such as query
letters, book proposals, how literary agents work, ghostwriting
and collaboration, agreements, marketing and more.
Deadline: Mar. 26/2000. For more info about this book and how
to enter, see: http://www.inkspot.com/admin/giveaway.html
DEBBIE'S BIRTHDAY PRIZE DRAW: WRITER'S MARKET 2000
--------------------------------------------------
Debbie's birthday is Mar.29th! Send her a birthday card or
postcard (please include your e-mail address, printed clearly);
one name will be randomly drawn to win a copy of Writer's Market.
Deadline: Mar. 31st. Winner announced in a future issue of
Inklings. *No electronic cards, please!* Send to: Inkspot, 67
Mowat Ave. Ste. 239, Toronto, ON Canada M5K 3E3.
CONGRATULATIONS TO:
-------------------
Stella Padnos, winner of 10 Inkspot pens.
Anna McCreery, winner of THE WRITER'S LEGAL COMPANION, by Brad
Bunnin and Peter Beren.
**-----------------------------------------------------**
BookIdea Magazine
-----------------
An e-zine for self-published authors and authors who want to find
more ways to promote their books -- plus useful articles for
writers in general. (MA)
http://www.bookidea.com/mag.html
Ezines ForSale.com
------------------
Buy an e-zine or a mailing list -- prices range from $25 to
$675,000! (MA)
http://www.EzinesForSale.com/for-sale/
Fee and Scheduling Guidelines
-----------------------------
A handy guide from the Freelance Editorial Association on how to
set fees for various freelance writing and editorial jobs. (MA)
http://www.tiac.net/users/freelanc/fees.html
The First Amendment Handbook
----------------------------
An excellent online overview of issues of free speech, protection
of news sources, journalism rights, libel, invasion of privacy,
and related topics. (MA)
http://www.rcfp.org/handbook/viewpage.cgi
Gaelic Dictionary
-----------------
Apparently a work in progress, this is an excellent guide to
Gaelic words (including a pronunciation/reading guide) -- but
thus far is only up to "C". (MA)
http://www.romfort.org/rs/cellidhcontents.htm
Why Do You Write?
-----------------
Money? Fame? Self-expression? None of the above? Add your answer
to the poll below. (DRO)
http://writers-bbs.com/inkspot/?forum=whywrite
MA: Moira Allen. DRO: Debbie Ridpath Ohi.
** Please send suggestions for Fresh Ink to freshink@inkspot.com
*****************************************************************
WORKSHOP BY PHONE: "Deep Writing" with Eric Maisel, author of
bestselling FEARLESS CREATING, and DEEP WRITING. Learn key
principles, get coached to deepen your writing during 7 weeks:
starts April 17, $295 - E-mail teleclass@lovinglife.net for info.
*****************************************************************
MARKET INFORMATION
------------------
Please get current, detailed guidelines before submitting to
publications if possible. Don't submit to email addresses unless
specifically stated. Include a SASE for surface mail replies.
More market info at: http://www.inkspot.com/market/.
**-----------------------------------------------------**
"FNASR": First North American Serial Rights, "SASE": self-
addressed, stamped envelope, "simsubs": simultaneous submissions,
"mss": manuscript, "RT": response time, "GL": guidelines.
Markets Editor: Sal Towse (ST). Research assistants: Shane Stacks
(SS), Margaret Shauers (MS), Kathie Meyer (KM), Jan Edwards (JE),
Jerri Ledford (JL).
CONVERSELY
----------
Conversely. Editor: Alejandro Gutierrez. New online publication
dedicated to exploring relationships between men and women --
every stage, every aspect -- through different forms of writing:
essays, memoirs, fiction. Monthly. CIRC: Preparing for launch.
AUDIENCE: Primarily 20- and 30-year-olds, both men and women.
NEEDS: "Well-written, intelligent and witty articles and essays
on topics related to male/female relationships that are original
and appealing to our audience. Magazine sections: Antidote --
essays, opinion, observation, satire - 750-1,000 wds; Personals
-- memoirs - 750-2,500 wds; Stories -- literary fiction, up to
3,000 wds; Unhinged, amorphous fiction that fits nowhere else -
up to 3,000 wds. RTS: Exclusive electronic rights for 60 days,
and nonexclusive thereafter. PAY: $50 to $150; tends to be higher
for assigned pieces, pieces that require minimal editing, pieces
from regular authors, and longer pieces. Pays within 15 days of
posting. Writers asked to sign agreement reflecting terms. RT:
Within 4 wks on submissions, less for queries. SAMPLES: See
website. SUBMISSIONS: By e-mail only; send to
writers@conversely.com; paste article into body of e-mail.
Indicate section you are submitting to; include brief paragraph
about yourself. New and previously published material and simsubs
accepted; please advise as such in your cover letter. Queries not
required, but if you wish to inquire whether a piece would work
or have other questions, please contact us via email. COMMENT:
"Please avoid 'how-to' or anything that very overtly tries to
teach or tell readers what to do or how to behave. No explicit
sex. See website for a complete list of topics we prefer not to
see." ADDITIONAL TIPS: "We value writing that is original in its
choice of subject and/or its approach to it. We prefer work that
explores different and/or unconventional, yet engaging, aspects
of relationships. We seek writing that achieves a balance between
'intelligent' (complex and sophisticated), 'provocative'
(challenges the reader by presenting unexpected or nontraditional
viewpoints), and 'witty' (uses clever humor and doesn't take
itself too seriously). We turn down many otherwise fine
submissions that discuss cliched topics. We also turn down many
well-written pieces in which the 'voice' is not right for us."
Extensive guidelines on website. (JE)
URL: http://www.conversely.com
GL: http://www.conversely.com/write.htm
E-mail: writers@conversely.com
THE GOOD LIFE
-------------
The Good Life, P.O. Box 4400, Austin, Texas 78765. Phone: (512)
474-1022, Fax: (512) 474-5725. Editor: Ken Martin. Online
magazine for and about active and intelligent people in that
period of their lives where maturity meets freedom, often
focusing on, but not exclusive to, the central Texas region.
FREQ: Updated weekly. CIRC: 15K. NEEDS: Articles about living an
involved, active and interesting life after 40; that honor
experience and the wisdom of age; and that dispel stereotypes and
attack ageism. LENGTH: 1,000-2,000 wds. GL: Queries preferred to
completed ms. "I am open to queries by mail or e-mail, but it
will save a lot of time if you pitch only developed ideas that
describe the topic and your desired approach." Prefers e-mail
submissions; if sending complete ms, include article as
attachment (preferably MS Word, or text file), tagline, 100-word
bio, and photo (TIF file scanned at 200); or mail photo to
snailmail address. No reprints or simsubs. RIGHTS: FNASR and
First Electronic. PAYS: On publication. $100- $250 "depending on
the writer's experience, the assigned length of the article, and
its complexity." Kill fee of up to $100. TIP(S): "I'm open to
queries by mail or e-mail. I will want to see a few feature clips
that demonstrate the writer's best work before making a decision
to assign a story... Obviously, every piece of material we
publish must be factually accurate but the quality I most want
our readers to experience in reading our features is to feel
something, to be moved emotionally as well as to be informed. So
work to humanize the story, to inject humor, wit, and anything
else you can bring to bear to heighten the readers' interest."
(ST, updated by SS)
URL: http://goodlifemag.com/
GL: http://www.goodlifemag.com/writers.html
E-mail: editor@goodlifemag.com
(NOTE: This market was originally covered in the 5/27/98 issue
of Inklings. All content has been updated/verified with the
editor of the publication.)
OUTRE
-----
Outre Magazine. P.O. Box 1900, Evanston, IL 60204. PHONE: (847)
866-7155. Editor: James Wilson. Quarterly, nationally distributed
publication covering mostly retro-American pop culture from the
'50s and '60s through unusual music, film, art, TV, comics,
science fiction, and other media to the present. NEEDS: Articles,
interviews, and reviews covering media and pop culture from the
1950's-1970's. LENGTH: Average length is 3,000 to 5,000 wds but
"Your article should be as long as is required to cover your
topic properly. We accept pieces of any length." GL: "If you have
an article idea or interview contact, call or write us to discuss
it. We like to run a lot of pictures with our features, so having
graphics available will greatly enhance your chances of
acceptance, and will speed up the process of getting it into
print." Submissions may be hard copy or electronic (e-mail, disk,
ZIP; see GL for required ms format). RIGHTS: First Time Rights.
PAYS: On publication. $.03/wd plus 2 cc's. TIP(S): "Outre
encourages writers to research their articles. Our basic goal is
to historically document American pop culture and the people
involved in it. We give preference to articles including an
interview, having a new slant on an old subject, or ones bringing
to light new information of interest to our readers. Before
submitting an article proposal, we would request that a writer
carefully examine several current issues of the magazine." SAMPLE
COPY: "Provided on request at our discretion." (SS)
URL: http://www.filmfax.com/outre/home.html
GL: http://www.filmfax.com/edit_info/writer_guides.html
(GL are for FILMFAX magazine, but specs also apply to OUTRE)
E-Mail: filmfax@xsite.net
PANTARBE.COM
------------
Pantarbe.com. BAM Works/Webcraft, P. O. Box 21809, Seattle, WA
98111-3809. (206) 283-8090, ext. 1. Editor: Benjamin A. Miller. A
new e-zine and online club dedicated to all aspects of creative
arts and people who live, express themselves and work with art,
music, words, stage, screen, computers and the Internet.
"Pantarbe.com is subscription-based, and while it has a public
area, most of it is accessible to those who pay for membership.
The site's target market is creative people, both as contributors
and members/subscribers." Updated bimonthly. CIRC: Conservative
estimate -- 500 per month. AUDIENCE: People involved in the
creative arts or anyone interested in developing their creative
abilities. NEEDS: Columns/Departments -- Essays (E), article (A),
reviews (R), news (N), and how-to features (H) sought for the
following sections: THE ARTS: R/N/A about what's happening in the
creative arts. CREATIVE PROCESSES: H about procedures, form,
processes, techniques, methods. MYTHIC IMAGES: E/A/R about
cultural motifs, form, content, explorations of character, story,
patterns, conflict and resolution, imagery, metaphor, symbolism.
MYTHOPOESIS: E/A/R/H concerning change, development, evolution,
progress, civilization, history and the creation of new mythic
images. HEALTH: E/A/R/N/H focusing on life, living, fitness,
physiological, psychological, sociocultural, and spiritual.
PROSPERITY: E/A/R/N/H on business aspects of professionals
involved in the creative arts. ALCHEMY: E/A/R/H on change
(transmutations, metamorphoses, alterations in life, art and
mythic patterns and how to constructively and creatively deal
with change. THE ARTIST: A/R/bios/profiles of people or groups
involved in the creative arts. THE MUSE: E/A on the "inner
artist," inspiration, what is creativity, the elusive dimension
of creativity, creative-block breakers and exercises. NONFICTION:
E/A/N/R/bios focusing on historical and societal aspects of
creative arts and change, and how people deal with it. Pays $25
to $100. FICTION: Short stories, any genre. Chapters or excerpts
from larger works, if self-contained. Seeks pieces that explore
deep human issues, change and resultant conflicts. Light and
funny stories accepted if they convey the ironies of life and
change. Pays $25 to $100. POETRY: Any form, any genre: figurative
language and imagery that explores human issues meaningful to the
poet and the poet's culture (mythology). Pays $10 per poem.
PLAYS: Stage, screen, radio. Short one-act plays or
self-contained excerpts from larger scripts. Looking for
exploration of human issues, character interaction and
development. Pays $25 to $100. PHOTOS/GRAPHICS: For gallery
presentation, buys one-time rights for duration of show. Pays $25
per image. See Guidelines on the website for future possibilities
concerning music scores, audio clips, midi files, video and AV
clips, on-line tutorials. LENGTH: Ms should be no more than 20
double-spaced typed or printed pps, and/or ASCII text or .doc
format no larger than 50 kb. Illustrations and other graphics may
be included with mss. RTS: "will negotiate and buy 'various
rights', even though FNASR is a reasonable default. Bylines are
still possible." PAY: On acceptance. RT: Reports in 6 wks; an
average of 3 months until online presentation. SUBMISSION: Send
query letters and material with a SASE to: Pantarbe.com, BAM
Works/Webcraft, P. O. Box 21809, Seattle, WA 98111-3809. SASE
must be included for return or reply. Editors states he "WILL
accept electronic submissions providing they first e-mail me
(submit@pantarbe.com or editor@pantarbe.com) with a query letter
describing their material, including what types of files they
will be sending. I may have some technical suggestions regarding
their files." ADDITIONAL TIPS FROM EDITOR: "This site is
ultimately about living as a creative person in an ever-changing
world." Pantarbe.com seeks "creative works that explore deep
human issues, particularly concerning one's struggle with change,
and that evoke images that are culturally mythic and meaningful
to the person submitting." (JE)
URL: http://www.pantarbe.com
GL: http://www.pantarbe.com/info/submit/index.htm
E-mail: editor@pantarbe.com
THE PHOENIX
-----------
The Phoenix, 7152 Unity Avenue N, Brooklyn Center, MN 55429.
Phone: (612) 560-5199. Fax: (612) 560-5298. Editor: Pat Samples.
A magazine covering improvement of physical, emotional, mental
and spiritual well-being. Monthly. CIRC: 40,000. AUDIENCE:
Readers actively seeking to improve all aspects of their lives.
NEEDS: Articles that help readers improve physical, emotional,
mental and spiritual well-being. The more practical, the better.
Informational and inspirational articles and personal experience
stories. Contact editor for upcoming themes -- May: Marriage and
other committed relationships; July: Alcoholics Anonymous;
September: Addiction recovery; October: Attitude; November:
Money. Some stories deal specifically with recovery related to
addictions and 12-Step programs. LENGTH: 900-1,200 words
preferred. Rarely publish articles over 1500 wds. RTS: FNASR or
reprint rights. Reserves the right to reprint pieces in
anthologies or other works by the publisher, which will pay an
all-inclusive royalty of 25% of the original fee for the piece,
or 1c/word, whichever is greater, for second and subsequent use
of the piece. PAY: Within 30 days of publication. Between
$0.03-0.05/wd. RT: 3-4 weeks. SUBMISSION: Query or submit ms to
Pat Samples by mail or fax, or e-mail to
psamples@pioneerplanet.infi.net. You may also call the editorial
office to discuss an article idea. Include hard copy and 3.5"
disk if possible. See guidelines for submission format
requirements. Publication cannot be guaranteed, even after
acceptance. If an article is assigned and not used, a 1c/word
kill fee will be paid. COMMENTS FROM EDITOR: "The PHOENIX has a
very personal tone. Readers feel like they are part of a
community of others seeking personal growth. Writers don't
preach, nor strongly self-promote. They pass along information
and the wisdom of their own experience to help readers find their
own way." Contributors should read sample copy before submitting.
SAMPLE COPIES: Available for a 9" x 12" SAE with 4 first class
stamps. Some content on website. (JE)
URL: http://www.gartland.com/phoenix
GL: http://www.gartland.com/phoenix/writerguide.html
E-mail: psamples@pioneerplanet.infi.net
MARKET UPDATES:
(1) For those who couldn't find information on the AMAZON/PEN
SHORT STORY CONTEST (mentioned in the March 1st issue of Inklings)
at the Amazon site (http://www.amazon.com/shortstory), the PEN
site (http://www.pen.org/awards/amazon.html) also carries the
information. (2) Donna Doyle tells your editor that RIVER MAGAZINE
[INKLINGS Issue 6.2 (Jan.19,2000)] is unreachable. When I checked,
the website has also gone 404, alas. (3) Dennis Havens tells
Inklings that they no longer publish WRITERS' INTERNATIONAL FORUM
FOR YOUNG AUTHORS
[http://www.inkspot.com/inklings/issues/ink0325.html].
Please send market news to Sal Towse, towse@inkspot.com.
*****************************************************************
Ask The Experts
---------------
*** Please put "inklings question" in the subject header. ***
Judith Bowen (ROMANCE WRITER) JudithBowen@poboxes.com
David Breeden (POET) dbreeden@schreiner.edu
Charles Deemer (SCREENWRITER) charlesd@inkspot.com
Mark Fowler (LAWYER) askthelaywer@inkspot.com
Ken Jenks (ELECTRONIC PUBLISHER) MindsEye@tale.com
Ginger Knowlton (AGENT) agent@inkspot.com
Michelle Sagara (SF/FANTASY WRITER) Michelle.Sagara@sff.net
Lee Wardlaw (CHILDREN'S BOOK WRITER) lee@inkspot.com
Marcia Yudkin (FREELANCE WRITER) yudkin@inkspot.com
Columnists may be unable to reply privately to every message,
but will answer selected questions in future issues of Inklings.
Please keep your question BRIEF and send it to *one* columnist.
*****************************************************************
ASK THE SCREENWRITER
-----------------------------------------------------------------
by Charles Deemer <charlesd@inkspot.com>
Clearing the Confusion on Screenplay Formats
--------------------------------------------
Q: I'm really confused about screenplay format. Every script I
read seems to be in a different format. Some use CUT TO:, some
don't; some use lots of things in parentheses after character
names, others don't. Some describe things in great detail, others
don't. What's up?
A: If you try to learn format by looking at published scripts,
the situation is a mess. Let me make some observations that I
hope will clarify the situation for you.
First, screenplay format has changed -- and changed radically --
over time. If you look at a screenplay from decades ago, such as
a classic like "The African Queen" (written by James Agee), you'll
find it full of camera angles and technical jargon and with
descriptions full of the same kind of rich prose we find in
Agee's prose masterpieces "Let Us Now Praise Famous Men" and "A
Death in the Family". This style is far, far from the lean, crisp
style used today, which came into fashion less than a decade ago.
So older scripts are not a good model to use for today's format.
Second, successful screenwriters who learned the craft before
recent fashion are not going to change the way they write.
William Goldman is a good example. If you read a recent script
of his, such as "Absolute Power", you will find it full of the
transitional CUT TO: element, which is not used in a spec
screenplay today. So older writers are not a good model either.
Third, published screenplays are SHOOTING scripts, not SPEC
scripts. Spec scripts are written "on speculation" by beginners
and in current fashion, the format of these scripts includes no
camera angles or other directing elements (i.e., you are the
writer, not the director). Shooting scripts, on the other hand,
have gone through development with a director's input and so
might contain specific visual elements added by the director
that are inappropriate in a spec script. So no published script
is a perfect model for format either!
Then what are you to do? Fortunately the Internet is full of
accurate information. Several sites, including my own at
http://www.screenwright.com/~cdeemer/Format.html, contains
guidelines for writing in correct format today.
Also be aware that format does have flexibility. Often there are
several acceptable ways to format a scene, particularly a scene
moving quickly from space to space. What you need to do is write
in master scenes that do not call specific camera angles and to
write in a crisp, lean prose style (compared to most fiction).
I find that most beginners worry too much about format and not
enough about story structure. It is helpful to realize that at
least one winner in the Nicholl Screenwriting competition, the
most prestigious contest in the field, won despite submitting a
script that was in the wrong format! Story wins over format every
time -- which should not be an excuse to turn lazy and ignore
correct format, but rather a reminder that you are a storyteller
first, not a technician.
**-----------------------------------------------------**
Charles Deemer is the author of "Screenwright: the Craft of
Screenwriting," which has been called "the bible of screenwriting
for the novice." For more information, visit Deemer's website at
http://www.teleport.com/~cdeemer/book/index.html Also see the
Screenwriters' and Playwrights' Discussion Forum:
http://writers-bbs.com/inkspot/threads.cgi?forum=screen
Copyright (c) 2000 Charles Deemer.
*****************************************************************
PROTECTING YOUR WORK FROM ELECTRONIC PIRATES
-----------------------------------------------------------------
by Charles E. Petit, Esq. <cepetit@usa.net>
Electronic publishing is relatively easy, and getting easier all
the time. Unfortunately, that means that electronic piracy is also
relatively easy, and getting easier all the time. However
characterized, electronic piracy is theft of an author's
intellectual property.
Whether the piracy is a sneaky unauthorized reposting of a work
on an obscure webpage, a brazen corporate theft through
unauthorized reissue of a work on a CD-ROM, or something different,
authors can take steps to protect their rights. However, a knee-
jerk "stop it now or I'll sue!" is not necessarily the best
reaction. A writer's objective is to stop the infringement, not
just make life difficult. This results in one of two goals:
* Getting paid for the reprint. Once paid for the rights used,
there's no infringement any more, is there?
* Removing the work. This may be required by exclusivity clauses
in the original publication (such as a one-year option on
electronic rights), or if the work appears in an inappropriate
forum (such as a piece of erotica used as an example of the
degeneracy of American culture on a fire-and-brimstone
fundamentalist crusade site).
Step One: Awareness
-------------------
Regardless of the specific goal, the first step in dealing with
electronic piracy is always awareness. It is impossible to combat
unknown piracy. Authors should periodically search the internet
for their work, both to find unauthorized copies on the Internet
itself and to find references to other unauthorized copies, such
as CD-ROMs. Moira Allen's article "Protect Your Writing!"
(Inkspot Issue 6.4 [Mar. 1, 2000]) provides an excellent outline
of methods and benefits of doing these searches.
Step Two: The Complaint
-----------------------
The second step in combating electronic piracy is a complaint to
the apparent infringer. The complaint should be a polite,
professional note (such as Letter 1 at the end of this article)
informing the infringer of the infringement. Sometimes the
infringement is inadvertent, and may actually result in a
professional sale of the material. For example, one writer
discovered that one of his short personal pieces appeared on
several "inspirational" websites, without attribution. The writer
sent a polite email to each site administrator claiming the piece
as his. By being polite, the writer turned six infringements of
his copyright into sales and got his name out in a new market. The
writer believes that these site administrators were just naive --
they each took something they found posted without attribution and
assumed it was okay to use.
There is one exception to the "be polite" rule: blatant, admitted
piracy. Another writer found a site that posted one of her short
stories, including attribution, without authorization. The site
admitted on its main page that most of its content was not
authorized by the writers! A polite note is not going to do much
good with people who show such blatant disrespect for the writer
in the first place. There's no need for invective, but jumping
right to a demand for compensation and removal of the posting is
appropriate.
Remember that the copyright holder is the one who should complain.
If the original publisher purchased all rights, or the copyright
itself, inform the publisher and let the publisher take action.
After all, the publisher may have authorized the reuse! In any
event, always inform the original publisher of an infringement.
If that restaurant review from last Thursday's Herald is on a
particular website, other material may have been taken from the
Herald without permission -- and the Herald will certainly want
to look.
Step Three: Contacting the Infringer's ISP
------------------------------------------
Unfortunately, some pirates will not pay heed to a shot across
the bow, however politely worded. That means it's time to complain
to someone bigger: the ISP or other service or distribution
provider. The complaint should still be professional in tone,
although perhaps less forgiving (Letter 2).
The electronic world does not always make it easy to determine
who the ISP really is. Sometimes it's obvious, as in the case of
GeoCities or AOL; sometimes it's not. One solution is to use NSI's
database for US-based commercial URLs or ARIN for numeric or non-US
addresses. If the "real" home domain's home page doesn't include
contact information, the Register of Copyrights maintains a useful
database.
Some ISPs -- GeoCities/Yahoo!, among others -- claim that they will
not take any action without seeing the certificate of copyright
registration. Don't believe them. This is really just lawyerese for
"we won't resolve disputed copyrights." The notice of infringement
in Letter 2 (referring to 17 U.S.C. section 512) makes the ISP
responsible once notified of the infringement in writing, and is
signed "under penalty of perjury." The copyright need not have been
registered at all -- copyright registration is required only for a
lawsuit, and late registration only limits the remedies available
in court. Regardless of the ISP's protests to the contrary, the ISP
has certainly messaged the account holder with a "just what is
going on here?" query, if not more.
Then there's the question of how to send the message. If the only
available contact information is email, use it -- but immediately
print the outgoing message and sign and date the printout.
Hopefully, the available contact information will include a fax
number and/or snailmail address, which are much better than
relying on email.
This general approach is appropriate for any electronic piracy,
ranging from an email newsletter to a huge, internationally known
database of reprint articles. But what if it doesn't work? That's
when it's time to consult a lawyer who practices copyright and
publishing law. Some organizations, such as the National Writer's
Union, will provide some assistance to their members with piracy
problems, but that help is of widely varying quality and
aggressiveness. A few other organizations, such as Volunteer
Lawyers for the Arts, will also provide assistance, but they're
overwhelmed with requests.
**-----------------------------------------------------**
Letter 1
Dear [Sir/Madam]:
On [date], I noticed that your [site/email newsletter/electronic
product] [exact name and URL, if available] included an
[attributed/unattributed] copy of my copyrighted [story/article/
review] [writer's title]. According to my records, I have not
authorized this use.
Please contact me immediately so we can work out either an
appropriate agreement for this use or an agreement to terminate
this use.
**-----------------------------------------------------**
Letter 2
Dear Sir or Madam:
A webpage hosted by your service ([full URL]), retrieved [date
and time], is infringing upon my copyright in [title]. I have
attempted to resolve this directly with the account holder
without satisfaction. Please remove the referenced page from
your service and take other appropriate action against the
account holder to prevent future infringement.
Pursuant to the Digital Millennium Copyright Act, this letter
serves as actual notice of infringement in the event of legal
proceedings. The information in this notification is accurate,
and under penalty of perjury, I state that I am the owner of an
exclusive right infringed by the specified URL.
**-----------------------------------------------------**
Resources:
----------
NSI - http://www.nsi.com
ARIN - http://www.arin.net/whois/arinwhois.html
Register of Copyrights - http://www.loc.gov/copyright/onlinesp
**-----------------------------------------------------**
Charlie Petit (cepetit@usa.net) practices intellectual property
and publishing law, complex litigation, and civil white-collar-
crime and antifraud litigation, almost entirely on the
plaintiff's side. He graduated magna cum laude from the
University of Illinois College of Law, and is admitted in
Illinois and 10 federal courts scattered across the country.
Prior to law school, he served as a commissioned officer in the
USAF.
Any legal commentary contained in this article is general
commentary only. Do not take it as legal advice for your situation
or as an attorney-client communication.
Copyright (c) 2000 Charles E. Petit Esq.
*****************************************************************
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