Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts

Sunday, December 7, 2014

Hello, Turkey! Translation and foreign rights

Nothing's certain until I see the book on a shelf somewhere, but I did just do this -- I signed a contract giving one company the right to translate some of my books in the Turkish language.

I decided to post about it for two reasons.
1. To inform you all that Turkish language rights to my books are taken, because I feel that I should, and
2. Other countries and languages - hello! Let's do this.

One great thing about starting to self-publish, and then keeping most of the rights even as I partnered up with publishers, is that I still own the translation and foreign rights to most of my books. And in writing new ones, I'll ensure that this remains the case.

If anyone is interested in translating my romance books into another language, or obtaining rights to print and distribute my books in another country, send an email over to minavesguerra@gmail.com. Thank you!

Monday, April 28, 2014

Creators' Rights Forum: Why we should care

On April 26, I attended a forum discussing the rights of creators over their work, organized by Adam David. I was part of a panel that discussed copyright and contracts for writers, and I shared my thoughts on what has become a recent discovery and now a bit of a cause: that many young writers are signing contracts turning over copyright and all rights of their original, unsolicited, not-work-for-hire stories, without understanding what that means.

Before I go on further, let me just say: I don't think that selling copyright is necessarily wrong. I've been hired to write things before, and been asked to turn over copyright, and I've agreed to that. What I think is wrong is when a writer does it not knowing what it means, and not having it explained fully to them even when they ask.

Other people who spoke at the forum: Honeylein de Peralta (from Flipside, a publisher), Beverly Siy (author and formerly of the Philippine Copyright and Licensing Society), and Marnie Tonson, Esq (a lawyer, and haha).

Some things I learned, which apply to me as an author:
- I need to determine who my heir is, in terms of my copyright. My heir will be receiving my royalties for up to 50 years after I've passed away. (My husband.)
- I also need to identify a second heir, younger than the first one. (Because 50 years is a long time and my royalties could outlast even the heir I select.) (My daughter.)
- I should also identify who should manage my copyright while I am alive, but unable to decide on important things. (My daughter.)
- I have foreign rights to most of my books. Meaning they can be made available in translations for other countries, just like foreign books are being brought and translated here. I think I should maximize this right that I hold.
- Piracy or unauthorized distribution of copies of my books -- that's an act against me, the copyright holder, because this kind of distribution affects my right to earn from the stories. (I am not opposed to free distribution: my goal has always been to be read by as many people as possible. But earning from my books through an unauthorized sales channel? Ugh!)
- Even if I was paid to write something, I still by default have copyright over it, unless I agree to turn it over. Being paid for the time I spend writing is different from paying for the rights to what I wrote.
- In cases of contract dispute, the law may actually side with the person who did not write the contract.
- Be wary of publishing contracts...even if the publisher is your friend. Or your relative. (advice of Bebang Siy)
- Don't sign anything you don't understand.
- I should also ask an independent and objective third party my questions about the details of the contract, and not just the ones who wrote it.

At the end of my talk, I said, we need to come up with a better solution. We can't just tell writers "don't sign this, it's not fair to you as an author" when we can't provide an alternative that's better, when the consequence of standing up for their rights means they don't get published at all. Yes, there are publishers that offer relatively "nicer" contracts, but they can't possibly publish everybody. And I don't think we should go about telling businesses to change how they do things either.

So what do we do? Ah, that's the question. Some people are coming up with ways to educate young people (and older people even) on copyright and other rights better. There's a government unit (Bureau of Copyright and Other Rights) that can help. I have the Wattpad advice column up, and continue to answer questions there. But as I told the community of authors there, they have to take the lead. They have to want better treatment. They have to decide to care about this, and each other, and make sure that fellow authors (their FRIENDS!) are not being unfairly treated. I'm willing to speak and help, as well as other people in the industry.

(I also must say that I am a self-publisher, and through my company Bronze Age Media I help people self-publish and keep copyright while seeing their book in print. But I also know that not everyone wants to go with this option.)

I wonder if someone can recap Bebang's portion of the talk? Because she said so many quoteworthy things. One of them that stuck to me and I hope I got this right -- "Yung pagnakaw mo sa copyright ko, yung anak ko yung ninakawan mo ng 50 years." My flimsy translation: Any violation of my copyright, or taking it from me without me knowing what that means, isn't just an act against me, but against what my child is entitled to for fifty years.

Maybe some writers will think that's overly dramatic. But I'm a mom now, and anything I do is for my daughter. If I benefit from this writing thing at all, I want it to go to making sure she's provided for. Do you have to be a mom to understand? I don't think so... you just need to think ahead and be confident that your work is worth it.

More advice for authors here, in Filipino and English:

Monday, April 7, 2014

Copyright is an author's right (right?)

I keep talking about copyright lately. On Twitter and Wattpad and Facebook. I just feel that I should, because I've been lucky about the publishing deals I made early on. Those deals by default let me keep copyright of my work.

Keeping copyright of my own story means I still have control over the story, and the characters. Maybe there are other companies who are now able to print books or release digital versions or make movies and such, but those are things that can be done based on contracts signed by me, because I am still the owner of the story and the characters. If something happens to me, my family will continue to receive what it earns, if it continues to earn money, and they can also decide what happens to my stories, how to make my work live on and help them for longer.

Apparently, many other young authors don't have it like that. Many of them sign over not just the print or digital rights but all rights to their story entirely, in exchange for a few thousand pesos, a few print copies, a chance at earning a small percentage for each book sold.

Let me just say: A publishing offer is a good thing. It's good news. But not all offers are the same. What happens when a publisher decides not to print your books anymore? Or if your work becomes so popular that you can't write fast enough for the fans, and they hire new writers to write the stories instead? What if the company that now owns copyright wants to change your story, because they don't agree with how you want it to end?

"But I'll still be credited as the author," some people have told me. Yes, you will still be "credited" but you will have no say in what happens. When a business decides what happens to your story, that is what will happen. Because they own it now.

This situation is still OK too. There are authors who write stories and just want them out there, and don't want to have to worry about what happens to it. THAT'S OK, if YOU'RE OK with it.

But if you're like me, and you wrote those stories from inspiration, from passion, and you wrote them not because someone paid you to but because you WANTED to tell these stories, then maybe you should consider keeping your basic right to determine the present and future of these stories. If they will continue to be sold. If there will be sequels or spin-offs. Who ends up with whom. Who dies.

But this is me. Maybe you're not like this. That's OK. But if you are, and you care about these things, please know that YOU DON'T HAVE TO AGREE to a contract that you're not comfortable with. There are publishers who negotiate. If they want your story enough, they will do that. If they don't want to negotiate, then maybe it's time to ask yourself if it's worth it, to give your "baby" to someone who won't even try to give you terms that make you feel safe.

If you've thought about this but decided to sell your copyright anyway, that's OK too. Sometimes you can decide to do that. Just know that keeping copyright is always an option, and maybe one day you'll write a story that you'll treasure enough that you'll WANT to fight for the right to keep it. And I hope you remember this post.