Contracting Something

Book contracts make me happy. After slipping from higher education into the limbo of editing, it took a few years before realizing that not all books have to be academic monographs. For the past couple of years I’ve been silently writing a book intended for general readers. The subject will remain hidden for now, but a contract for the book has arrived and I’m happy. As my friend Marvin says, “for a man being published is about the closest you can come to giving birth.” There’s a bit of truth to that. Several months of thoughts growing in your head finally culminate in a full developed form, capable of surviving outside the confines of your protective mind.

The motivation for many academics to write is “publish or perish.” In my career track I both published and perished. The thing is, I write because I read. It seems unfair to read so much and not to share a bit of what I’ve learned. If you read this blog regularly you know that I have a restless intellect—the kind of thing that in the old days would’ve made you a professor. I no longer have access to university libraries with their arcane journals and massive collections, but reading on the bus is its own kind of research. (Anyone who’s tried to write notes on a bus, however, knows that the research is limited strictly to what can be remembered after a wearisome 90-minute-plus ride in stop-and-go traffic.) A few years back I decided to start writing up what I’d been observing. Slowly a book was formed. The process is not a swift one.

Many people question the ability of editors to write books. No, seriously. Agents are generally only interested in professors, celebrities, and journalists, not those who may have been one of the above once upon a time. That’s why this book contract feels like a small victory. Weathering the Psalms was written for other professors while I was still one myself. A lot has happened since then. I’ve read hundreds of books in the intervening years. Slow study that I am, it took some time before I realized I could begin to analyze all of this and write it in a way the average educated reader could find engaging. Agents declined the project, but now I’ve found a publisher who believes. When you work on your own, like many authors do, finding just one believer is sometimes all that it takes.


The Labyrinth of Copyright

Here’s another post originating from my daily work as an editor. (As an editor you tend to assume nobody’s really interested in what you do all day, but I’ve been told this isn’t so.) What is copyright? And do I have it? First of all, a caveat: I’m not a lawyer. Copyright is complex and, to answer my second question first, yes, you do have it! So what is copyright? Essentially it’s the protection of intellectual property. As long as that property remains in your head, it’s yours alone. Once it’s expressed in writing, art of any kind, music, or even as a chart, it is automatically covered by copyright. If you want to use something someone else wrote, or produced, in your book, you need permission. Small quotes are generally considered fair use, but don’t push that doctrine too far! Fair use is listed as just that, a doctrine.

What many authors don’t realize is that your book contract is an exchange—you’re selling your copyright to the publisher for their services (they publish your book, promote it, register the copyright (it already has copyright, but registering helps to protect it legally), and handle the financial aspects of selling your book). You can’t publish your own work again without permission of the publisher. Sometimes I’ve had people ask me to use my artwork (from my own published articles) in their work. I don’t mind, of course, but I don’t own the copyright! If I published my work, the publisher has taken that copyright and I remain simply the author. If I want to publish my own published work somewhere else, I have to ask permission. Copyright, however, doesn’t last forever.

The only safe date before which material can be used without fear of infringement is 1922. Works published before then are in the public domain. Right now new works (such as this blog) are covered by copyright for the life of the author plus 70 more years. After that, unless the law changes, you don’t need permission to reuse these idiosyncratic musings. Not that that’s ever been an issue. I’m not a litigious person, but I do like to be cited. (Who doesn’t?) In any case, if you’re working on an academic piece, and you want to reuse somebody’s drawing, or an extended piece of writing, or even a tiny bit of a poem, you must have permission to do so. That’s what copyright does for you. The “fair use doctrine,” like most doctrines, doesn’t hold up well in court. If in doubt, just ask. Before you do, though, you might want to consult a copyright lawyer, just in case.

All opinions my own.