Saturday, October 25, 2008

Copyright and book reviews...

I know I said I was closing up shop, but a new issue has come up in my life regarding copyright that I wanted to share.

I am scheduled to have a book review published in a major journal in December, and I couldn't be more excited! While this is not exactly creative writing being published, it still gets my words and my name into print. However, the journal will retain all the copyrights to this and any review I write for them in the future.

I had not realized that there may be a time when I would see my work published, but lose the rights to it. I think it's interesting, given the sense of security my earlier research had me lulled into regarding my work belonging to me, always, end of story. However, I am more eager to work with this journal than to retain the rights to my reviews...but if this were a creative writing publication, I would not be going ahead to print, because I want to retain the rights to my poetry and fiction, not sign it over just to see it in print once.

Such a complicated world of copyright!

Tuesday, October 14, 2008

To copyright or not to copyright?

After looking into the issue of copyright, I suppose my fears about the protection of my work are mostly unfounded. I have always been nervous when submitting poetry for publication, because in the back of my mind has always been the worry that someone might try to steal my work (not that it's that good, but I have to believe some of it is at least worth stealing!)

However, I realize now that the minute I create a document, I own the copyright. I suppose this puts my mind at rest regarding my poetry submissions, but if I ever finish that novel I've been working on, I think I would very seriously consider having it officially registered with the copyright organization before seeking a publisher, just to cover my bases.

This has been a really informative study for me, and it was exceptionally interesting to see copyrights upheld even for unpublished standardized tests! I hope you have enjoyed following my journey.

Before I close this blog, are there any questions that you still find yourself asking regarding copyright and creative writing? I will do my best to provide answers!

Thursday, October 9, 2008

Copyright and Writer's Digest

Many writers, published and nonpublished, look to Writer's Digest for crucial information about navigating the profession. I found myself curious today regarding what Writer's Digest would advise in terms of copyright.

Writer's Digest relies heavily on the true interpretation of copyright law, which states that once you have created something which is tangible, you own the copyright to it. Many of us reading this blog have expressed interest in seeking to register our work for copyright in the final stages before publication, but Writer's Digest says that's unnecessary.

According to Writer's Digest, once a work is due to be published, often times the publisher will apply for copyright on behalf of the author. The author still owns the copyright, but has been saved the financial hassle, not to mention the paperwork required.

A question to my readers: what about those of us as writers who may not seem to ever get closer to publication? It's all well and good that the publisher will handle the details of registering for copyright, but what about those of us without a publisher in sight? It is our responsibility to protect our work, but since the law says that as soon as we create work, we own the copyright, should we even bother to apply for the formal, expensive protection of a registered copyright? What do you think?

Writer's Digest. (2008). Tip of the day. Retrieved October 9, 2008 from http://www.writersdigest.com/TipOfTheDay/?m_nTip=6602

Friday, October 3, 2008

Interesting video clip on student rights

So today I want to focus on the rights of students to protect their work, whether or not they register for copyright. Ball State has a brief video clip informing students of their protections which can be accessed at

http://www.bsu.edu/library/collections/copyright/students/

What do you think of the video? I find it interesting that this is geared at university students. I suppose many students, regardless of age, never think about owning the rights to their work, and may give it up to teachers and professors without thinking to protect their copyright. When I was teaching, I always asked my students for permission to keep/display their work, but I was never intending to publish any of the work, simply to use it as examples for future assignments.

In college and the rest of the adult world, I believe that the responsibility to know copyright policies and demand protection for work rests with the individual who has created the work. However, in k-12 schools, I believe it is the duty of the teacher, media specialist, and other professionals to continuously educate students on copyright policy, and to make sure they go to bat for the protection of their student's work.



Ball State University. (2008). Copyright for students. Retrieved October 3, 2008 fromhttp://www.bsu.edu/library/collections/copyright/students/



Wednesday, October 1, 2008

Copyright re: school standardized tests

So I found an interesting website today, detailing a court case regarding school standardized tests. I am intrigued, since I am in the education field, and was not sure what copyright issues would come up regarding testing.

In the case I read about, a school had created "re-usable" standardized tests: that is, the questions would be used from year to year, and teachers were forbidden from copying the tests and using the questions to practice with the students. While the tests were not going to be published for any profit, and the test materials were unpublished at the time (still in the developmental stages of the test being written), the court ruled the tests were still protected by copyright.

Evidently, a teacher with a crusade against standardized testing began publishing some of the questions to his/her students, which made those questions unable to be used on future tests. Now, I have a major problem with standardized testing, but committing copyright infringement is not the way to go about undermining the system. The courts ruled in favor of the school, proving that unpublished materials, even those with no intent of being sold for a profit, are protected if they are stolen or misused.

Hoffman, I. (2008). Fair use: unpublished works. Retrieved October 1, 2008, from http://www.ivanhoffman.com/unpublished.html

Monday, September 29, 2008

Basics of Copyright

Now that I have created this blog, I wanted to find out a bit more background information regarding copyright.

Interestingly, according to the official website of the US Copyright Office, the minute something unique is created, it is protected by copyright. So, no formal registration is needed, meaning that every time I set pen to paper, and every time my students write something, we have protection.

However, to act on that protection (for example, take someone to court for copyright infringement) we must register our work with the US Copyright Office. To register a work, you need $35-$45 depending on the method of submission, an application form, and at least one NON RETURNABLE copy of the thing you are getting a copyright for.

Minors can apply for a copyright, which as an educator is important for me to know, but evidently different states may have laws which infringe on the rights of minors as it pertains to copyright.

So, in theory based on my preliminary findings, every piece of writing that I or my students have created is protected by copyright, but until I register my work, I have no legal means of recourse if my work is plagiarized.

More to follow later on copyright infringements from unpublished works...once I find some cases and articles!


U.S. Copyright Office. (September 2008). About Copyright. Retrieved September 29, 2008,
from http://www.copyright.gov/


Copyright issues as a writer

I have decided to focus on issues of copyright as it concerns creative writing. I am doubly concerned about this issue, as a writer myself, and as someone who has worked/will work with adolescent learners and writers.

I want to explore the issues of copyright protection that exist for work created by non-published writers. I am always especially cautious with my work, which I believe sometimes holds me back: I am nervous that my ideas are not protected, and this prevents me from joining writing groups and work shopping my pieces.

I have always worked under the assumption that once something is written down, it is protected unofficially by copyright law...but that requires a certain level of morality from others...I want to use this blog to explore what rights and protections REALLY exist for non-published writers, especially student authors. The threat of having work stolen may prevent individuals from writing...this is something I aim to find out.

So far, I have lots of questions, and no answers. As I find the answers, I will update.

Thank you for traveling this road with me!