Showing posts with label intellectual property. Show all posts
Showing posts with label intellectual property. Show all posts

Thursday, November 26, 2009

Never Say Never, Again and Again

As a freelance Illustrator still scraping my fingernails to get noticed by the industry, I’ve created a site that includes multiple styles. I had been told all through art school this was a big No-No to feature multiple styles under the same name. I find this rather frustrating, as I’m sure Editors can appreciate diverse styles to fit story needs… right? Is it better to have one solidified style to ‘brand’ one’s self in the memory of Editors? Or do you appreciate an artist with multiple approaches to solving a children’s text?
I like multiple styles. The designers I know like multiple styles. I don't know what they're teaching people in art school.
I hear people talk all the time about revising manuscripts based on what rejection letters say. If I have received 50 form rejection letters that have no specific connection to my writing, does that mean my work is not worth commenting on, editors are over-worked, or something else entirely?
I would say that's a bad sign. Whether it means you've been submitting something unremarkable or submitting to people who don't take the sort of thing you're submitting, I don't know.
About a year ago I sent out a manuscript to three slush piles of three prominent houses and a couple of other places which shall not be named. Today I was walking through Target and saw MY BOOK WITH ANOTHER PERSON'S name on it. Obviously, it was her book, containing my idea, and a little suspicious that it is out a little less than one year after submitting it. Is this just how the business works? Does my book even have a chance? Should I hope that it is a best-seller so that another publisher wants to pick up my book? Should I get a lawyer? Okay, so not the last, but it is tough seeing a water-down version of my fabulous story on the shelves. Yes, it may be like the Twilight phenomena and we just had the same idea at the same time, but it doesn't make me feel better. The one saving grace is that I like the illustrations and I know that another version is worth publishing. Though the reason I like the illustrations of the woman's book so much is because they are very similar to the illustration that I sent in on my cover letter. I know these things happen, but I feel I need a "pat on the back" and "carry on young grasshopper". I promise I won't be pathetic tomorrow.
First of all, it's unlikely that a publisher could find your idea in the submissions pile and crank out an imitation in less than a year. The book you saw in Target has most likely been underway for a couple years. Likewise, if you sell your manuscript, it will be another couple of years before it comes out. So unless it's a very unusual topic and your approach isn't meaningfully different, there's hope for your book yet.
I write literary fiction, mostly, as well as young adult. But that's beside the point. My question is what does one do with a 15,000 word story--not long enough to be a novel, but not short enough (I understand) to be a short story. Is there any way to sell stories around that length?
Probably not. I mean, Seedfolks is around 11,000 words, but chances are you're not Paul Fleischman. And I can't think of anything that short in YA. I never say never, but that sounds like a bit of a long shot.

Friday, July 17, 2009

Stolen Ideas

How Publishing Really Works is throwing an anti-plagiarism day today.

Plagiarism is easy to spot and prosecute when actual wording has been lifted from another work, but stealing characters, plot structure, and ideas is a gray and murky area.

Obviously some ideas, like "a kid who finds out he has special powers and has to go away to school to learn about them", are general enough that nobody's stealing from any particular source when they write yet another one of these. And there's no question literature is rife with repeated tropes and deliberate allusion. That's all ok.

But then there are the cases where there's really no question where the ideas came from... and no sense the author expected you to make the connection. I can think of a particular author's characters who have shown up more than once in other books... with no indication that it was "an homage" of any kind.

Over and over I get asked about the danger of writers' ideas being stolen at publishing houses, and I roll my eyes, because it's not a danger at all.
And because when it comes to stealing ideas, as heartbreaking as it is, the danger (though still not so common) is most likely to come from other writers.

Sunday, October 19, 2008

Frankenstein's Monster, by Igor

Dear Editorial Anonymous:

First off, thanks so much for doing this-- your site is a map for all the people out there picking through the children's publishing minefield-- a resource that is truly appreciated. Please know that I mean it and wasn't just buttering you up--- even though I do have a big, long juicy question for you:::

On the topic of Intellectual Property (which you seem to be addressing lately):

Two years ago I was on a remote beach in Mozambique, camping on the sand, when an idea hit me for an epic middle grade adventure story. I don't use "epic" as self-praise here, the story is big and sprawls across continents. Anyway, it hit like a bolt of lightning and I dropped everything (a novel based on a short story that I had recently won an award for) so that I could immerse myself in it.

As the idea crystallized I told it excitedly to my then girlfriend (we were into the second month of a thirteen month round-the-world trip together, sharing everything). She loved it, felt a deep connection point and became wildly passionate about the characters. Over the next ten months, crisscrossing the tropics in a spirit of joy and freedom, we kicked notes around about this story. It was an incredibly rich time creatively. Still, I always thought of the story as mine--- though I will readily admit that her viewpoints, ideas and characters enriched the story deeply. There is a possibility that at some point it was no longer mine but ours, I'm totally open to that. In fact, in Australia, after months of beautiful note taking we had a fight because I talked about the book as "mine," she told me that ever since that day in Mozambique she had considered it "ours." We settled it, I reassured her that I wouldn't try to take anything away from her contributions.

When we returned to America I began writing the first draft, getting down the bones. I did this alone, at the computer. However, we were living in the same house, when the writing of a particular scene brought tears to my eyes she was right there and I read it to her immediately. As I wrote she was working on other books, sometimes we would talk about the story, sometimes I would show her pages. When the first draft was written she started going through each chapter, one at a time. She would edit them heavily, sometimes as many as three pages of notes for a ten page chapter. She talked about characters, gave ideas, challenged me to not let myself off the hook. Basically the perfect notes to turn a first draft into a second draft. She kept me consistent and she challenged my research. I can say without doubt that her notes pushed me to write better, made the book stronger and brought about a more richly layered product.

Recently we have broken up, which surprisingly hasn't affected the working relationship too dramatically-- but after I published a piece in last month's SCBWI Bulletin and the by-line mentioned "his book" (SCBWI is very generous with by-lines, I didn't write it) she became worried about how our whole thing was defined. I respect that. She has worked hard and doesn't want to be left out in the cold should the book be fortunate enough to get published. At the same time, I have worked on this book endlessly, researched for thousands of hours and put the words on the page. I have a hard time giving up the title of "author." If I were to guess, I would say that in pure time the ratio for hours put in (mine to hers) is somewhere around twelve to one.

We have talked about crediting her as co-creator. We have talked about publishing (yes, I'm with you, should we be so lucky...) under a single pseudonym and explaining on the "about the author" blurb that the name represents both of us and outline our respective roles in that space.

I feel like I can handle both of those options.

So here are a my questions:

1. Is there already a name for the role she has?
Yes: Developmental Editor. She should not get authorial credit as she did none of the writing.

This is not to say that I don't appreciate the importance of her role. She contributed many ideas that you used and that you feel made the book better, and offered criticism that helped you make your book stronger and more fully realized.

This is the work that an editor does, though of course a publishing house's editor likely wouldn't have joined you at such an early stage in the book's development, or had that much time to give your project. (A publishing house's editor would be paid for her work, and expect no credit.)

Let's be clear: the idea for the story sounds like it was developed so communally between the two of you that the idea may indeed belong to both of you. And your ex deserves some credit for that role.

However, if you were the one who did the work of writing the book, then there's your answer. You are the author. Period.

She edited it--but she should not expect any more credit for that than another writer's critique group might get (which is, of course, often zero). I understand that she did that editing because she loves the story and (presumably) loves the body and heart and brains you've given it in written word form. She feels invested in the story, which is good in that it's allowed her to offer the story her creativity, too-- but possibly bad in that it's making her think her creativity in the making of the book is in some way equal to yours. Does she happen to think that it's easy to write a book once you have an idea for it? (It isn't.) Does she think she could have done the same work as well as you did? (It doesn't matter if she could have--she didn't. You. Wrote. The. Book.)
2. If we decide to credit her as co-creator as in: Created by "DICK and JANE" Written by DICK, should we send it out to agents and publishers that way or add that in once someone wants to buy or rep the story?
Truthfully (and my comments above notwithstanding), you can credit her however you like. The publisher probably won't care. And you can decide to share the royalties with her or not as you like.

I would say that the least you should do is to put it in the acknowledgments that her ideas and critique made a tremendous difference to the book-- which gives credit to both the degree and nature of her contribution.

But I would suggest that the fairest, kindest thing to do would be to say "by DICK (and in smaller type) co-creator JANE". Or maybe "by DICK with help from JANE". And perhaps offer her a 1-2% royalty.

But calling her an author (or implying it by putting her name on the cover without a modifier like "co-creator") is a lie.

There's a difference between someone who's chivalrous and someone who's a doormat. Offering her authorial credit and half the royalties is not laying your coat over a puddle for her. It's laying yourself down in the street for her to walk on. But I don't judge. That's the relationship some people want to be in.
3. What would your suggestion be if you were editing the book and I came to you with this little quandary but hadn't yet found any possibly suitable solutions? I realize that at some point I delved into Dear Abby territory, sorry about that. The truth is that I really want to honor her role, while at the same time respecting the fact that I have worked endlessly and put the actual words down on the page.
Writing a book is not like building a skyscraper. In architecture, the person who drew the blueprints gets the credit, not the construction company that put the building together. That's because outside of the blueprints, buildings are mostly built the same way. It's the architect's design that makes the building unique.

Stories are not like that. I'm sure we can all think of some Classics of English Literature that have very little in the way of overall design. We don't read them or laud them for their design--we read them and laud them for their writing.

So while design may be important to a story, it is nothing compared to the work of expressing the story. Stories are more like Frankenstein's monster. It doesn't matter who helped dig up the body parts. The author is the guy who breathed life into them.

Friday, October 10, 2008

The Story Is Done! Now All I Need Is Someone to Write the Story!

So, let's say that I have written a fictional book. I've had some friends read it, and while they like it, it certainly needs a "real author's" touch. I think I need some character development, etc. It's kind of like I have the frame work of a house, but need it finished...Any suggestions?
Are we talking about a hypothetical fictional book that needs to be written by someone else? Please take this moment to imagine the hypothetical look on my face.

What you've described is like having a sketch of a house and needing someone else to draw the blueprints, get the permits, pour the foundation, build the house, and paint, decorate, and furnish it.

Now, every once in a while we get submissions from a two-author team wherein one "author" came up with the idea and the "other" author actually wrote the manuscript. And if that's the way people want to do things, and the person who did all the work is willing to split the royalties with the idea person, then, well... whatever.

But you'll have to be the one to find the writer who can write your story well and is willing to split the money with you. DO NOT try to submit an idea to a publisher and expect them to find a writer for it. In an industry that is all about execution (see post below re: pythons), we don't have any time or patience for this.

Sunday, October 5, 2008

rerun: Copyright, Intellectual Property, and the Threat of Pythons

Old post, new inquiry:
Dear Anonymous,
How safe is it to pitch a book idea?
I'm writing a book but don't want anyone to rip off my idea.
This is a not infrequently asked question. The worry that your manuscripts need protection is pretty unnecessary, but let's go through this once anyway.

I don't send out stories, but if I did: copyright is more trouble than it's worth, and I've heard that the ways of documenting your manuscript via mail are not terribly secure in the legal sense.

This is where your critique group comes in handy. If you have been using a critique group, as you should, you have witnesses. But this is just a safeguard for worriers.

Let me be clear. The chances of your manuscript being stolen while at any of the reputable publishing houses are essentially the same as the chances you'll be killed by a python while riding a streetcar.

...But perhaps you're afraid someone will steal your idea. This is the concern that makes people at publishing houses laugh their espresso out of their noses. Your undeveloped, unrealized idea is intellectual property? Ah, the irony.

In publishing, execution is everything. Say, in 1998, somebody had come to me with the idea for a book about a kid who finds out he's magical and has to go away to school to learn about magic. My response would have been somewhere between "Eh," and "It's been done." Because it had been done. It took JK Rowling to express that idea in a way that was really what the market wanted. Behold the difference between idea and execution.

Ideas are not only a dime a dozen, they're recycled at a rate too fast to track. Write badly, and it doesn't matter how brilliant and original your idea is. Write well, and it doesn't matter how many times before your idea has been done.

Thursday, May 1, 2008

Pythons Attack!

Today I was reading a children's blog and came across a story that had the same title as mine and plot as mine. The plot line may not be unique, however, it is a true story that happened to my sister's and I. The only difference in the story is that she used chickens as character and I used people. I feel that this author stole my idea. What should I do? How do I prove that the idea was mine first?
How do you mean she "stole" it? Do you think this author saw your own writing and took the title and plotline? That would be unethical, but also could be very hard to prove. (Aren't you using a critique group? They improve your writing and they provide witnesses.)

...Or do you mean that somehow the same idea for a children's book occurred to you both? In that case she's done nothing wrong, even if the idea came to you first.

Some people seem to think their ideas are equivalent to intellectual property. And it's true that some ideas are. Let's look at some examples.

1. Here's a guy who has an idea for a flying car. He hasn't built a flying car. His idea is that it will be aerodynamic and red with sparkles.

2. Here's another guy who has an idea for a flying car. He hasn't built a flying car. His idea is a detailed plan for the engineering and construction of a flying car--a set of complete blueprints which, if executed in physical form, would produce a real flying car.

One of these guys has intellectual property. The other has a daydream.

1. Here's a guy with an idea for a story. He hasn't written it down. His idea is that it will be about a girl, a pumpkin, and a fairy who makes fantastically uncomfortable shoes.

2. Here's another guy with an idea for a story. He hasn't written it down. His idea is a completely formed, sentence-by-sentence expression of a story about a girl, a pumpkin, and a fairy who makes fantastically uncomfortable shoes.

One of these guys has intellectual property. The other has a daydream.

You may have recognized that plotline. It didn't belong to the Brothers Grimm when they wrote it down, and it doesn't belong to either of these hypothetical guys, either. It's just a plotline.

The plotline of a group of orphans who explore new places on their own—and thwart criminals—does not belong to Lemony Snicket or Gertrude Chandler Warner or Trenton Lee Stewart.

The plotline of a boy who finds out he has extraordinary abilities and has to go away to a school for those abilities—and vanquish evil—does not belong to J. K. Rowling, or Jane Yolen, or Rick Riordan, or Trenton Lee Stewart ...or fricking anyone else.

An idea is just an idea until it is developed and expressed. If it's a car idea, it needs to be expressed in blueprints. If it's a story idea, it needs to be expressed in words.

As I've said before, in storytelling, as in pretty much everything, expression makes all the difference.

Saturday, May 19, 2007

Copyright, Intellectual Property, and the Threat of Pythons


How do you protect the stories you send out. Copyright? or return receipt from the post office , etc?

This is a not infrequently asked question. The worry that your manuscripts need protection is pretty unnecessary, but let's go through this once anyway.

I don't send out stories, but if I did: copyright is more trouble than it's worth, and I've heard that the ways of documenting your manuscript via mail are not terribly secure in the legal sense.

This is where your critique group comes in handy. If you have been using a critique group, as you should, you have witnesses. But this is just a safeguard for worriers.

Let me be clear. The chances of your manuscript being stolen while at any of the reputable publishing houses are essentially the same as the chances you'll be killed by a python while riding a streetcar.

...But perhaps you're afraid someone will steal your idea. This is the concern that makes people at publishing houses laugh their espresso out of their noses. Your undeveloped, unrealized idea is intellectual property? Ah, the irony.

In publishing, execution is everything. Say, in 1998, somebody had come to me with the idea for a book about a kid who finds out he's magical and has to go away to school to learn about magic. My response would have been somewhere between "Eh," and "It's been done." Because it had been done. It took JK Rowling to express that idea in a way that was really what the market wanted. Behold the difference between idea and execution.

Ideas are not only a dime a dozen, they're recycled at a rate too fast to track. Write badly, and it doesn't matter how brilliant and original your idea is. Write well, and it doesn't matter how many times before your idea has been done.

Now go write!