The general line I've heard is that even if you write original fiction, it's a bad idea to post it up online in its entirety because that negates first rights, which is what all the publishers want.
Myth.
That general line is completely erroneous and false. I've telling people that for years. There's a lot of amateur lawyers in publishing who know zip about copyright law. This case directly states that if you post ORIGINAL fiction online regardless of whether or not it is fanfic, it does NOT negate first rights. YOU the person who wrote and created it own it. It DOES NOT NEGATE. Unless - you "expressly" state that you agree it is in the public domain. Note - you have to state that you willingly put it in the public domain. No work is automatically in it - until after you die and even then, there's the 50 year rule or something like that - put into effect with the Sonny Buno Copyright Act.
The publishing industry has been beyond stupid about this - they simply do not understand the nuances of copyright law. This is what happens when you hire a bunch of English Lit Majors as Acquisitions Editors. Stupid! Don't EVER do that. They should be editors, not work with contracts or copyright law at all.
As a result they've lost out on "millions" - to publishers who didn't think that way. Perfect example? The Girl Who Circumnavigated Fairyland in a Ship of Her Own Making (http://en.wikipedia.org/wiki/The_Girl_Who_Circumnavigated_Fairyland_in_a_Ship_of_Her_Own_Making) - this was an ORIGINAL work of fiction that was self-published online for free with donations on a website. It has since been published by a very bright small press (the indies are brighter about this at times) and has made the New York Times Best Seller List, won multiple awards, and made Time Magazine's Best Books of the Year list, it also bet Dr. Horrible's Sing-a-Long Blog for Internet Awards.
Any publisher who turns down an original work of fiction that was first published on the internet is an idiot. They need to get with the program. Or they are missing out. Also they need to consult a lawyer not a English Lit Major who thinks they understand copyright law and really doesn't. I used to fight with a nitwit who is Director of Contracts at Perseus Books - she knows zip about contract law or copyright - but that's the idiotic publishing industry and it's why it is struggling.
I have stories that would scare you about the idiocy of the people in that industry. But the good news? 50 Shades of Grey, Girl Who Circumvented Fairyland and various other novels that have been published first on the internet by the original writer or self-published and made millions have woken up the industry.
That's what the ruling means. But it was always that way. All you have to do to own copyright is put pen to paper. I couldn't, for example, repost the post above without giving credit to the original writer - or I would be in violation of copyright law.
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branchandroot
no subject
Date: 2013-03-16 12:33 am (UTC)Myth.
That general line is completely erroneous and false. I've telling people that for years. There's a lot of amateur lawyers in publishing who know zip about copyright law. This case directly states that if you post ORIGINAL fiction online regardless of whether or not it is fanfic, it does NOT negate first rights. YOU the person who wrote and created it own it. It DOES NOT NEGATE. Unless - you "expressly" state that you agree it is in the public domain. Note - you have to state that you willingly put it in the public domain. No work is automatically in it - until after you die and even then, there's the 50 year rule or something like that - put into effect with the Sonny Buno Copyright Act.
The publishing industry has been beyond stupid about this - they simply do not understand the nuances of copyright law. This is what happens when you hire a bunch of English Lit Majors as Acquisitions Editors. Stupid! Don't EVER do that. They should be editors, not work with contracts or copyright law at all.
As a result they've lost out on "millions" - to publishers who didn't think that way. Perfect example?
The Girl Who Circumnavigated Fairyland in a Ship of Her Own Making (http://en.wikipedia.org/wiki/The_Girl_Who_Circumnavigated_Fairyland_in_a_Ship_of_Her_Own_Making) - this was an ORIGINAL work of fiction that was self-published online for free with donations on a website. It has since been published by a very bright small press (the indies are brighter about this at times) and has made the New York Times Best Seller List, won multiple awards, and made Time Magazine's Best Books of the Year list, it also bet Dr. Horrible's Sing-a-Long Blog for Internet Awards.
Any publisher who turns down an original work of fiction that was first published on the internet is an idiot. They need to get with the program. Or they are missing out. Also they need to consult a lawyer not a English Lit Major who thinks they understand copyright law and really doesn't. I used to fight with a nitwit who is Director of Contracts at Perseus Books - she knows zip about contract law or copyright - but that's the idiotic publishing industry and it's why it is struggling.
I have stories that would scare you about the idiocy of the people in that industry. But the good news? 50 Shades of Grey, Girl Who Circumvented Fairyland and various other novels that have been published first on the internet by the original writer or self-published and made millions have woken up the industry.
That's what the ruling means. But it was always that way. All you have to do to own copyright is put pen to paper. I couldn't, for example, repost the post above without giving credit to the original writer - or I would be in violation of copyright law.
IT is NOT limited to fanfic