UK Copyright Law: A Quick Guide For Freelance Writers

Summary
As a freelance writer, you'll need to be aware of the legal protection your work enjoys so you don't sign away rights that you should retain. This is a guide to some key aspects of UK copyright law.


As a freelance writer, ideas are your bread and butter. Getting a commission means revealing your idea for a great article to an editor or someone else. There's no way around it, but how can you prevent people from ripping you off? Here's what you need to know about UK copyright law.

In the UK, copyright is an automatic and unregistered right. That means there's no need to apply specially or fill in any forms. Copyright takes effect as soon as certain works (this term applies to all copyright protected material) are created and there are nine types of work that enjoy this automatic protection. These are literary work (including newspaper articles), dramatic, musical, artistic (photos, drawings, diagrams, maps etc), sound recordings, films, broadcasts, cable programmes and published editions of works. All of these are known as intellectual property. Intellectual property is a bit like real estate - it can be bought, sold, transferred and inherited, though only with your written permission.

The key thing to remember as a writer is that ideas themselves are not protected but the way ideas are expressed is protected. So if you think of an idea for an article, that isn't protected; when you write it, it is. It's the information you select and the way you arrange that information that makes it unique.

In order for material to have copyright protection it has to result from independent intellectual effort. In other words, you must have put some work into it. You'll need to be able to prove this if challenged, so although it's not obligatory, you can protect yourself by sending a copy of your work to yourself by recorded delivery and leaving it unopened. Recorded delivery post is date stamped so you'll be able to prove that your work existed on a particular date.

Copyright lasts for the duration of the author’s life plus 70 years for literary, dramatic or musical works. Different periods apply for films (70 years after the last to die of the director, screenplay authors and musical director), sound recordings (50 years) and published editions (25 years). People are allowed to publish excerpts from your copyrighted work for the purpose of news, review or criticism. This is known as fair dealing. Works used in this way should be properly acknowledged.

When you give someone the right to publish your work, you are assigning that right temporarily (a bit like renting out your house). As a writer, you'll want to avoid signing away any of your rights permanently. Instead, be clear on what rights you are assigning. First serial rights are normal. This gives the publisher the right to publish your material first in whatever country or region (for example, the UK or US) the rights apply to. Once the material has been published, all rights revert to you. Some publishers will also request online rights and the right to keep your work in an online archive. You'll want to make sure these rights are for a limited period or are non-exclusive, so you can make the most of your material.

A key term to be aware of is moral right. This is the right to be credited as the author (have a byline) and to object to alterations or errors which might damage your reputation (known as derogatory treatment of your work). It also includes the right not to have work falsely attributed to you. In other words, no one should say you wrote something if you didn't.

So what do you do if someone tries to pass off something you've written as their own work? If your copyright has been breached you can take the infringer to court but beware. There are two things that could damage your case. The first is if the person commits innocent infringement, which means the person genuinely didn't know you owned the copyright; the second is if you have previously allowed someone to use copyrighted work without complaint. This is known as acquiescence.

Summary
So there you have it: the lowdown on UK copyright law. In essence, freelance writers need to be aware that their written work enjoys automatic copyright protection, that they are entitled to be credited as the author of any work they right, that they should only assign limited rights to their work and that they have the right to sue if their copyright is infringed.












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Talk To A Publisher on Tuesdays

As a Helium writer whose articles suggest a high interest in creative writing and literature, we wanted to let you know an exciting new program we’ve developed, called Helium’s Book People Talk series. By participating in this Tuesday talk series, you will have a chance to meet publishers and get direct advice on questions like:

How do I get my book published? Do I need an agent? How do I avoid the rejection pile? What's fair for an advance? Should I self-publish? Can I get a job as a book editor? What are publishers really looking for?

Tomorrow’s discussion features:

Chapter One: THE FUTURE IS BLEAK (but your writing career doesn’t have to be).

Helium is honored to welcome Bleak House Books, a publisher of crime and dark literary fiction. Bleak House has been written about in the Wall Street Journal, The New York Times, Crimespree Magazine, Mystery Scene Magazine, Library Journal, Publishers Weekly, Kirkus (The Book Standard), and others.

For future discussions, check out the listings at:

http://www.helium.com/
topic=13072.0

Do You Write Book Reviews

We have a site that is building at www.novel-writer.com that needs book reviews. You need to subscribe and be given publisher permission, but you can post all your book reviews (that you've already earned money from) along with a link back to one of your sites.

One of the benefits of writing reviews is that, once you can prove you do this, and the sites you write for have ample exposure, you can get books/ebooks sent to you free. This is great for an avid reader.

Get Paid to Ghostwrite Books

I published a short book to help writers improve their chances of getting paid to write. Not all writers are able to work as freelance writers, bidding on writing jobs, and making a living as writers.

This does not mean that they cannot make money from their writing - years before they receive their first publishing contract. One way is to write short books for sale, and to ghostwrite non-fiction.

Making 'Good' Money Writing and Ghostwriting Books (and ebooks) is a book that tells you how to start a ghostwriting career, and how to get paid to write books. You can buy the PDF version or a Print version. Click Here to buy 'Making Good Money Writing and Ghostwriting Books' Also visit www.novel-writer.com and www.inspiredauthor.com to learn how to get paid to write.

Free Chat for Authors and Book Lovers

If you love books, or are interested in having a fiction novel, reprint, or non-fiction novel published, then you need to attend this chat.

Tonight's Guest: ENSPIREN is open for submissions, and will discuss their needs tonight:

Place: inspiredauthor - Chat room
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Invitation: Anyone who wants to drop in.

Merry Christmas

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Regency England

The short Regency period is a romantic time of innocence and discovery. The rug had been pulled out from under the gentry. They were forced to endure life in a way their parents never dreamed, and in turn, it forced them to turn their focus inward toward their relationships and their homes.

The King, George III, was allegedly mad. In fact, he had porphyria.

A pleasure-loving, hedonistic, egocentric, reserved, but oh so regal, George, Prince of Wales, became regent.

He earned the disdain of society - but he was their king regent - and he was the dictate of society. He lived as if nothing mattered but the elegance of his homes, the excellence of his food, and his current pleasure and entertainment. On top of that, he was extremely dignified and reserved toward others. The ton followed his example. It became unfashionable to be overtly religious or emotional.

Luckily, the Regency period only lasted from 1811 - 1820.

He set the tone for the ton, who , influenced their tenants and servants. The feeling of family and home was destroyed by the war. The feeling of prosperity was destroyed by the self absorbed prince.

During the turbulent Napoleonic years, an overbearing upper class attitude of “anything goes"and England was still “merry old England." While this freedom possibly gave rise to the industrial revolution, it did little for the lives of the English.

That is why many regencies have an air of 'waiting' or 'living in limbo.' The heroines are not looking for sex, they want to find the meaning of life, a purpose for their existence.

Women had more freedom than they had previously. They were allowed to, carefully, step out and take charge. Of course, the skill of managing your husband was still instilled into a woman from childhood. And, women were taught to manage their homes and servents, but they were permitted to dream, attempt business, and even make purchases without their husbands signature or presence.

Snow & Romance

We had weeks of rain, then suddenly snow. There is now 1 foot of snow out there. It is really good for writing.

The fire is roaring, the Christmas tree is up and ready to be decorated, snow covers the maple outside my window in a bride's veil, the world is covered in a white cloth, and I can curl up on the couch with a warm blanket, a cup of hot chocolate, and my laptop.

What a wonderful day to write the scene where Robert Campbell and Janelle fall in love.

I have been having fun talking about 'what makes a man sexy' with some of my readers. I love getting private messages, and I always answer within a couple of days, so feel free to let me know what you think. Reply to this blog with comments, or private message me at www.myspace.com/historical_Romance.

A Rouge to the Rescue

Here is the first installment of a short story I am writing.

Duchess and The Wastrel

Lady Ann stepped lightly out of the carriage. She barely touched the coachman’s hand as she alighted and waited for him to collect her wraps and purse. She looked down at the atrocity she wore in distain. Her mother could not have added another puff, tuck, or embroidery without fear the dress would have tear in two.

Ann still had not forgiven her mother for choosing a tight, over padded rouleaux. It not only formed a perfect bell-shape from her skirts, it bound her legs forcing her to mince steps as she tried to navigate the steps.

Anne left the coach and climbed the steps, hoping to give her maiden aunt a fit of hysteria at the thought of her making her first entrance into the ton’s social scene unescorted. Anne stepped lightly and stopped on the last step, repenting her rebellion, and turning to wait for her aunt’s carriage to pull to the step.

She wished it were possible for her to enjoy the night’s beauty. Torches lit the gardens, and made the entrance as bright as day. She could clearly see the bored expressions on the face of the neat row of servants who lined the entrance. She pitied their duty to stand here until the last guest arrived.

Her gaze traveled over the grounds, trying to imagine if her prison would resemble this one. At least there was not long to wait. Her father had bragged just a week hence that he would not finance a fortnight into the ton’s social season before Ann found a suitable match and was decently married.

She fixed her gloves and adjusted her fan, fidgeting as she realized that she stood, exposed to the gaping eyes of servants and guests alike. Her cheeks warmed at the thought of the spectacle she made. The gossip would be ripe by the time she entered the ballroom, everyone wondering who the overstuffed peacock was, and how much she was worth.

Yes, that would be all that mattered. Not her name. Not her likes or dislikes. All these vultures cared for was her title and rank. Beyond that, she did not exist. She was not here to enjoy herself, but to be put onto the auction block, like one of her father’s fine stallions, to be sold to the highest bidder.

“Are you lost?”

Every nerve in her body turned cold. Anne spun toward the direction of the silk, smooth male voice. Her mouth opened, and shut. She tried to answer again, but found she couldn’t utter a word. The gentleman leaned close, an amused grin on his otherwise taunt face.

“No, sir.” Anne managed to gasp out as her fan flew to her face out of habit. His eyes narrowed at the movement and he withdrew a step. “Excuse me, I wait for my aunt.”

“Ah, so you are properly escorted and chaperoned.” His head tilted in a slight, almost unperceivable bow, and he turned.

Anne’s heart pounded against her chest as she watched him stride away. He was tall and lean, more muscular than the pompous, pasty faced men who hung onto her father’s good graces. She could not imagine this man catering to any man’s favor. She smiled at the impertinence of his behavior. She never imagined that men like him were apart of London’s social season. Maybe she would enjoy a few months of bliss before her father packed her off to the home of some weak man with a portentous title and more money than needed to run the country.

She folded her fan and bit her lip trying to stop the smile that played on her lips. His scent hung in the air, more outdoorsy than the pipe smoke that remained after her father left a room, and more – masculine. There was something about him that reminded her of hunting and action. She liked it.

Cerridwen Press Author's

I just found this Author's Blog for Cerridwen Press. While the authors are not just the Trad Regency authors, there is some great reading there. I went for a peak and stayed for a couple of hours.

New Publisher

There is a new publisher bringing out Traditional Regencies Cerridwen Press. I am looking forward to their new releases in 2007. I love the fact that more publishers are bringing out the Traditional Regencies.

The new Regencies are good stories, but they do lack some of the allure of the originals. I have joined their email club and am going to buy their first release.

What is the Lure of the Traditional Regency Romance

Have you ever wondered what the lure of the traditional regency romance is? Think about it. There is no sex or even a suspenseful plot. There is nothing that defines other types of romance.

There is nothing but the innocence of first love and a true romance built on honor, respect, and friendship.

I think one of my favorite types of regencies are the ones where married people throw away their preconceived ideas of society and nobility, and learn to become friends with their spouse. In my mind, there is nothing more heroic than a man who is strong and loving.

The bible said that women should submit and men should dominate. I read a commentary on this recently. The man who wrote it said that we have the wrong idea, based on our post-war society.

The bible verse actually means that a woman should gently and kindly help her husband succeed, and in return he will die for her. However, this commentator went on to say that the word 'die' meant to 'die to self, pride, vanity, self-satisfaction -' for the love of his wife.

I think that is what I find in Traditional Regency Romances that I don't find anywhere else. Men who have wealth, position, and strength, but are willing to give it all up for something they cannot buy - the love of a good woman.