My last post concerned the Cuyahoga Library’s Indie Author Con and Showcase on October 13th, but there was way too much information to convey in a single post. So here, as promised, is Part II of my post about the con. Enjoy!
“Legal Issues for Self-Published Writers”
This segment of the con featured Jacqueline Lipton, founder of Authography: a company dedicated to sustaining authors with legal and other issues. She also teaches writing courses online, writes the Legally Bookish column for the SCBWI bulletin, has received awards for her fiction novels, and holds multiple degrees. Her upcoming book, Law & Authors, will be published in 2019.
“Write what you need to write, and worry about the legal stuff down the track.”
I know many authors worry about the legal ramifications of what they write, because they are afraid of accidentally committing a legal blunder, so this simple piece of advice felt very reassuring. It’s not necessarily that you won’t make mistakes, but that you mustn’t let the fear stop you from creating. If you are worried, you can seek legal advice by having a lawyer look over your work or by using some other legal resource, but the important thing is to not let fear stop you. Fear is the enemy of creativity.
In the interest of passing on some of what Ms. Lipton shared at the conference, I am sharing the photos I took of her slides (with her permission), as well as notes I took of the Question & Answer session afterwards.
What are the issues using quotations?
–Ms. Lipton explained that much of what you may want to use may be considered Fair Use, but because Fair Use is so uncertain, traditional publishers will want legal permission. This is a site you may consult for more information. authorsalliance.org
What about issues concerning more than one person using the same Pen name? Is it a copyright or trademark issue?
–If you or someone else uses the same pen name, you do not need to do anything. Others may have the same name, but it does not tell you anything about the underlying work. If someone is using your pen name, because they are copying your work, it’s a copyright issue anyway.
What is the definition of a Trademark (in greater detail)?
–Trademark concerns work a particular market (narrowly identified). Ex: The For Dummies series, etc.
Problems occur when you look closely affiliated with the other market. The main question asked concerning Trademark is, How likely would consumers be to mistake one product from the Trademarked product? Ex: orange arches compared to McDonald’s yellow arches for hamburger restaurants.
That completes my summary of last month’s writers’ conference. If you have any particular legal questions, I suggest you consult a lawyer or other official legal resource, but I hope this summary proves useful in a general sense.
I will post again next week, but I also wanted to tell you of an upcoming event. I am very honored to have been invited to participate once again in the Massillon Library Local Author Fair. The Fair takes place on Saturday, November 10th from 11am – 2pm, and features many talented local authors! I will be reading from my work, as well as have a table with some materials from Literary Cleveland to give out. If you are able, please stop by, listen to some cool authors, visit their tables, and maybe pick up a book!
*Permission to post photo of flyer kindly granted by Cuyahoga Library
***permission to summarize this session for the blog kindly granted by Jacqueline Lipton.
**permission to use photos of her slides generously granted by Jacqueline Lipton. The photos themselves were taken by myself.