Copyright and Permissions

By Gillian Hamer
To substantiate the importance of the following article, let’s simply quote a Guardian headline from May 2010.

‘I still have invoices. For quoting one line of “Jumping Jack Flash.” £500. For one line of “Wonderwall.” £535. For two lines (eleven words) of “I Shot the Sheriff.” £1000. All plus VAT. Book total = £4401.75.’ 

If that doesn’t make you sit up and take note, nothing will. That cost could easily wipe out a typical advance from a publisher, and most likely wipe out all future profits from a single novel by an indie author.

And that was doing it right, getting permission from the required sources and paying for the privilege. Had the author chosen to ignore, or feign ignorance, of the law those costs could have been easily ten times more and would most likely have seen him on the wrong end of a scary lawyer’s summons and an even more costly day in court.

The article in question was written by author Blake Morrison, and related to a party in his novel, South of the River, at which the DJ’s somewhat dubious choice of music – and more importantly the context of the lyrics in relation to his novel – ended up costing the author dear.

Copyright and Permissions is a minefield. This obviously covers not only song lyrics, but use of images, letters, quotations, and extracts of prose or poems (more detailed list below).

In very simple terms, permission is required to quote any part of any work that is in Copyright. In the UK (and in most parts of the world) for most works this is until 70 years after the Copyright owner’s death.

So, how can a writer get around these permissions? Answer: you can’t. In the example above - you could safely name the song and/or the artist, but once you decide to put Bob Marley’s words down on paper and you can see no way around it that won’t ruin your novel – prepare to pay out.

You may argue that Bob should be grateful for the free advertising, happy that you may through your books, encourage a whole new generation to seek out his music. Good luck selling that one. It’s very unlikely his estate or his record company would agree. At a time when illegal downloads and sites like Spotify are eating into its multi-million pound profits, the music industry needs every penny and will have no hesitation seeking out a writer who breaks strict UK copyright law – even accidentally.

However, it’s important to take a balanced perspective. Your work should remain just that. And while permissions are big business now, not only within the music industry but also the literary world, the law is in place to protect you as the owner of your copyrighted work. Many literary agents and publishers have specialists who deal with permissions for their clients, and often you will see publishers have a section of their website that deals solely with these requests. For famous, best-selling writers, this can run into millions of pounds in potential lost income if not handled correctly. For example, imagine how many times Harry Potter may get mentioned or quoted, or have trademarks abused, and imagine how much money JK Rowling could lose without a band of eagle-eyed lawyers protecting her assets.

Summary of Material Requiring Permissions

- quotations of over 300 words from a book

- quotations of over 50 words from a journal, newspaper, or magazine article

- reproduction of certain works of art

- photographs

- charts, tables, or graphs

- reproduction of web pages or screenshots

- any third-party software used in a CD, DVD, or website supporting an author’s work

- film stills and film grabs

- reproduction of advertisements

- certain trade mark usage

- certain photographs containing recognisable people

Summary of Material not requiring permission

- in ‘fair dealing’ cases (see below reviews and critiques)

- excerpts falling within the STM Guidelines for Quotation and Other

- Academic Uses of Excerpts from Journal Articles (provided that the relevant publisher is one of the signatories to the Guidelines)

- direct quotes from interviews (conducted by the author)

- facts or ideas

- public domain information

- Crown copyright material covered by a Click-Use licence or waived by OPSI (Office of Public Sector Information, formerly HMSO) – for more details see www.opsi.gov.uk/click-use/index.htm

- certain use of trademarks, logos, and company names

- mathematical and chemical equations

- substantially modified material (just credit the source)

- useful forms

Where can authors look for advice?

The first place to turn for advice prior to publication would be The Society of Authors. They have detailed guidelines on Permissions and Copyright and Moral Rights.

The use of images, quotations, extracts of prose or poems has rules concerning ‘substantial’ extracts that requires detailed study. Copyright of song lyrics gets a special mention, as the music industry has a reputation for rigorously defending its rights. And the Society makes it very clear that it is you, as the author and owner of your work, that must take responsibilities for any permissions required.

Another area that needs highlighting is the use of quotes in reviews or critiques. This is another trap you may fall into unawares. The subject is covered by what the SOA call ‘fair dealing’ – allowing the use of a single extract of up to 400 words, or a series of extracts (none of which exceeds 300 words) to a total of 800 words from a prose work, or 40 lines from a poem that does not exceed a quarter of the poem. If the law is so complicated when simply looking at reviews of a copyright work, you can probably see how stringent it is when quoting another person’s work in your own novels.

The SOA Permissions guidelines are substantive and worth a read, covering areas like: Who obtains copyright permissions? Who or what to ask? When do I need permission? How much will it cost?

They also supply a comprehensive list of agencies to contact if seeking copyright permission is difficult, and they’ve produced a Model Permission Licence Letter in this regard.

These guidelines are available free to members and for a nominal charge to non-members – please contact the SOA via their website for more information.

More sources:

Another useful source of advice and information in this regard and others is the Writers & Artists Yearbook, which can now be found online. They have a section on Rights & Legal Advice that deals with Copyright issues, as well as financial advice on granting permissions and who to contact if you do find yourself in breach of the law. The website is a useful resource for a community of writers, offering a wealth of advice on all aspects of writing and getting published, the opportunity to gain feedback on your work and access to regular writing competitions.

Another superb resource for writers can be found in The Writer’s ABC Checklist (written by Lorraine Mace and Maureen Vincent-Northam) which also has a helpful, regularly updated blog that keeps writers up-to-date with changes that may affect them. They have an in depth section on Copyright in the handbook (available as an eBook or paperback) that puts to bed myths like “passing off”, copyright in names and titles, how to handle copyright with co-authors and the use of the registered © symbol. They have written a blog detailing the tough stance taken by the music industry about use of song lyrics.

There is also a list of useful resources that offer specialist assistance for writers in a variety of areas which is well worth studying.

Where Do I Belong? A Guide to Professional Organisations for Writers

by Catriona Troth

It can be hard for writers at the start of their career to figure out which of the bewildering array of writers’ organisations out there might be for them.  So here, to help you, is a brief guide to who? why? and how much? *

*Updated from an article first published in Words with Jam magazine

We’ve focused primarily on UK organisations, but we’ve noted which ones accept overseas members, and we’ve also taken a look at a few US and international organisations too.

The Membership criteria listed are generally those for Full Membership, but some organisations offer various forms of associate membership that admit a broader range of unpublished or self-published authors – or those such as editors or agents that are in related professions.

It’s worth noting that membership fees for professional organisations may be reclaimable against tax.

Alliance of Independent Authors (ALLi):

Cost: Author Membership (International) $99 / £75 / €89pa (for other levels of membershipt - see website)

Website: http://allianceindependentauthors.org

The Alliance of Independent Authors is a professional organisation of self-publishing writers and advisors.  Launched at the 2012 London Book Fair, it now has flourishing communities in countries including the US, the UK, Japan and Australia, as well as a very active and friendly members-only Facebook Group and a Self-Publishing Advice blog . Members can be listed on their ‘Find an Indie Author’ database.

• Author Membership is open to those who have published independently, or to trade-published authors who are preparing to publish independently.
• Professional Membership is for those who are earning their living from their independently published works
• Partner Membership is for anyone offering service to independent authors whose service has been vetted by ALLi
• Associate Membership is open (at reduced cost) to anyone interested in self-publishing

ALLi provides advice from experienced professionals on every aspect of independent publishing.  You get a member pack on joining, and there are help-lines and several guidebooks.  They can vet contracts, and connect writers with services for self-publishers (such as editors, designers and marketing agencies) that have been approved by their watchdog service.

ALLi engages with booksellers, literary agents, trade publishers, libraries, book clubs and media to advocate for self-publishers' interests. Through their Open Up To Indie Authors campaign, they are working with reading agencies to bring self-published work to reading groups and libraries and literary events.

They have also built relationships with rights agencies to allow their members to sell, for example, translation rights to their self-published books.

Society of Authors (SoA):

Cost: £95 pa (less if you are under 35, or for associate membership)

Website: http://www.societyofauthors.org

The biggest and best known writers’ association in the UK.

Full membership is open to:

• Those who have had a full length work published or have been offered a contract; 
• Those who have has at least a dozen short items published (with payment); 
• Those who have self-published or have had a work published on a print-on-demand/ebook only basis and have sold over 300 copies of a single title in print form or 500 copies in ebook form within a 12-month period.

One of the most valuable benefits of membership is their free vetting service for contracts, and many authors will join when they are offered their first contract.  Other benefits include a Reader’s Tickets for the British Library and discount membership of affiliated organisations (including CWA, RNA and HWA). They organise some great talks, act as a market place where any members can advertise their skills and services, and even provides bursaries and financial help for professional writers in need.

Society of Women Writers and Journalists (SWWJ):

Website: http://swwj.co.uk/

Cost: £45 pa (less for associate, student or overseas membership) + £25 initial joining fee

The SWWJ was founded in 1894.  Past Presidents have included Richmal Crompton, Margery Allingham, Vera Brittain and Joyce Grenfell.  The current President is Victoria Wood. Their aims include’ the encouragement of literary achievement, the upholding of professional standards, and social contact with fellow writers.’

Members must submit a CV and be sponsored by two professionals (agents, editors or existing SWWJ members) who vouch than they are bona fide professionals working in literature, journalism, or related spheres.  (Since 2004, published male writers can join as associate members.)

They provide a critique service for members that covers articles and non-fiction books, as well as poetry, short stories and novels.  If you are interested in writing for the stage, they have a drama group which periodically runs workshops with professional actors.  Members can submit a script in advance for a one act play needing fewer than a specified number of actors.  The script can then be thoroughly tested on the day, in preparation, say, for submission to a festival or other competition.

Since 2010, they have run a self-publishing service, Scriptora, which allows members to publish potentially difficult to place work such as poetry anthologies and out-of-print backlists.

They run a summer festival and maintain an overseas section. Full members become affiliates of the New Cavendish Club in London, which provided inexpensive accommodation in central London.

The SWWJ runs both open and members-only competitions. Recently, for example, they ran an open competition for a Life Writing piece of up to 700 words.

One of the more unusual benefits of membership is that you receive a Press Card. 

Writers’ Guild of Great Britain (WGGB):

Cost: 1.2 % of earnings from writing, subject to a minimum £180 pa and a maximum of £1,800 pa

Website: http://www.writersguild.org.uk

Membership is open to writers who have accumulated at least 8 membership 'points', where a professional contract for writing in terms ‘at or above the Writers’ Guild minimum terms,’ earns 8 points, any other commercially produced work earns 4 points, and each self-published work earns 1 point.

Membership is open to authors of books, but the WGGB (like Writers’ Guilds in the US, Canada, Australia and elsewhere) is first and foremost at union for writers working in film, television and radio.

Those who have not yet earned enough points for full membership can join as candidate members, at a cost of £100 pa.

They have a free contract-vetting service and they also offer a pension for writers in TV, film and radio, with mandatory employer contributions for writers who work for the BBC, ITV, Channel 4 or an independent production company.

The WGGB negotiate minimum rates with broadcasters and theatre companies. They campaign on behalf of writers - for example, when it was recently announced that BBC Radio 4 would cut the number of short stories broadcast, the WGGB immediately issued a statement to campaign against the cuts.

They do, however, have a Books Committee, and the annual Writers’ Guild Awards cover fiction and non-fiction books, as well as writing for stage, screen, television and radio.  Off The Shelf at Black's is a collaboration between the WGGB and Black's members club in Soho, offering a series of monthly one day residencies for fiction writers at Black’s.

Crime Writers’ Association (CWA):

Cost: £60 pa

Webite: http://www.thecwa.co.uk

The CWA promotes the crime genre and provides social and professional support for its members. 

Membership is open to published authors in the crime genre, in the UK or overseas – not to self-published authors or to those as yet under contract.  As well as novels and non-fiction books, screen plays, television scripts and plays with a crime theme count. 

CWA is well known for running the annual ‘Dagger’ awards, including the Debut Dagger, awarded each year to an unpublished writer based on the opening chapters and synopsis of their novel.  Many of the winners and short-listed entrants have gone on to be published as a result of the award.

Romantic Novelists’ Association (RNA):

Cost: £50 pa (£57 outside EU)

Website: http://www.romanticnovelistsassociation.org

The RNA was formed in 1960 ‘to promote romantic fiction and to encourage good writing.’  It now represents more than 700 writers, agents, editors and other publishing professionals. Membership is open to all published writers of romantic novels and full length serials of at least 30,000 words. Vanity and self-published works are explicitly excluded.

However, the RNA also runs a New Writers Scheme, which admits 250 unpublished authors annually.  For a fee of £120, they can take part in all RNA activities and also submit a typescript of a full-length novel for appraisal.

The RNA holds regular meetings, with expert speakers sharing their knowledge and experience, and runs an annual conference, where members discuss publishing trends and craft tips.  As their website says, ‘These gatherings are also social events, where members and their guests can enjoy the company of other writers, share the ups and downs of the writer’s life, offer and receive support and encouragement.’  They have an on-line forum for members and a quarterly magazine.

Their annual awards ceremony presents a total of six awards for romantic novels – plus the Harry Bowling Prize For New Writers.

 RNA has close ties with libraries, reflecting the popularity of the romance genre among library users. They issue an e-newsletter to librarians giving details of our members’ latest publications, information on talks and events that have taken place in libraries and the latest RNA news.

Historical Writers’ Association (HWA):

Cost: £65 pa for a standing order, £70 by Paypal or cheque

Website: http://www.thehwa.co.uk

One of the newest professional writers’ associations, the HWA was founded in 2010 to sustain, promote and support writers in the historical field. Their first President is Michael Morpurgo.

Membership open to writers of historical fiction and non-fiction who have work published by recognised publishers in the last five years, where‘historical’ is defined as 35 years or more before date of application.

HWA held an inaugural Literary Festival in July 2011 at Kelmarsh Hall, in conjunction with English Heritage’s Festival of History.  Members have also taken part in a programme of Winter Activities held in conjunction with English Heritage at historical venues around the country.

The HWA awards the HWA Crown for Historical Debut Fiction for ‘the best historical novel by a first-time fictional author of any nationality, first published in the UK in English during the Judging Period.’

Historical Novel Society

Cost: $50pa / £30pa

Website: http://historicalnovelsociety.org/

Unlike the HWA, the Historical Novel Society is open to anyone who is interested in and passionate about Historical Novels. They started in 1997 as a campaigning organisation for a genre that was then in the doldrums. It is now an international organisation, active in both the US and the UK.

They run competitions to discover new authors, conferences bringing authors and readers together, and maintain internet groups and lists. They are supportive of self-published authors and have an active review section for indie-published historical novels.

They define historical novels as those whose main focus is more than fifty years in the past.

Society of Childrens’ Book Writers and Illustrators (SCBWI):

Cost: $85 pa for the first year, $70 thereafter

Website: http://britishscbwi.ning.com/  http://www.scbwi.org//

Founded in 1971, SCBWI is an international organisation ‘for those writing and illustrating for children and young adults in the fields of children’s literature, magazines, film, television, and multimedia.’

SCBWI lobbies on issues such as new copyright legislation, equitable treatment of authors and artists, and fair contract terms.

Full membership is open to those whose books, articles, poems, stories, illustrations, photographs, films, television or electronic media for children have been published or produced. SCBWI distinguishes between those books which have been 'Published and Listed' (ie published by traditional publishing houses). Those whose books have not been 'Published and Listed' are still eligible for membership, but are restricted from some member benefits.  

Associate Membership open to anyone with in an interest in children’s literature.

There is a British branch of SCBWI, but membership is through the international organisation. 

SCBWI in Britain run the biennial Undiscovered Voices competition, as well as regular ‘Slush Pile Challenges’ set by agents and editors.

They have a network of regional coordinators who run local critique groups and organise workshops, speakers and social events around the UK.

They run a series of talks by professional writers in London and Manchester/Chester, masterclasses for writers and illustrators, a retreat, and an annual two-day conference.

SCBWI International gives a number of grants and awards, including the Golden Kite award for excellence in children’s literature and ‘work in progress’ grants for both writers and illustrators.

Horror Writers Association

Cost:  $69 pa

Website:  http://www.horror.org

An international organisation with an active UK chapter. 

Membership is open to published professional writers of horror or dark fantasy.  (Affiliate members need only to have published and been paid for a short story (or equivalent) in the genre.) They run a mentoring programme, produce market reports, list agents interested in the horror genre

The Horror Writers Association present the annual Bram Stoker Awards for horror writing (including screenplays, graphic novels and non-fiction).

English PEN / PEN International:

Cost: £50 pa (London and overseas) £45 (rest of UK) £15 (student)

Website: http://www.englishpen.org  /  http://www.pen-international.org/

English PEN is a campaigning organisation supporting the freedom to read and the freedom to write around the world.  They campaign on behalf of persecuted writers, editors and publishers.  In the UK they campaign to reform laws that curb free expression, and for greater access to literature.  They also promote and support literature in translation. Membership is open to anyone.

Their writer-led education programme, Readers & Writers, aims to give refugees, offenders, detainees and young people in schools experiences with reading and creative writing. They also award a number of prizes annually for excellence in literature. 

Membership open to anyone 'whether you’re a writer, a reader, an editor, a translator, a publisher, a literary agent… or just someone who is passionate about literature and freedom of expression.'

 

A Selection of Writers’ Organisations from the U.S.

Romance Writers of America (RWA):

Cost: $95pa (plus $25 new members fee)

Website: http://www.rwa.org/

Membership is open to ‘all persons seriously pursuing a romance fiction writing career.’ Others may join as associates.

They provide information and support from writing classes to information about the publishing industry. As well as several online chapters, they have many local ‘real world’ chapters around the US, allowing you to meet other romance writers face to face.

Mystery Writers of America (MWA):

Cost: $95 pa

Website: http://www.mysterywriters.org

Membership open to ‘professional writers in the crime/mystery/suspense field whose work has been published or produced in the U.S., who reside in the U.S.  Writers must have been paid for their work and must not be self-published.’

You can join initially as a ‘Fan’ and move on to ‘Active’ status when you become published. They provide a broad range of support for new writers, as well as an opportunity to meet editors and agents who specialize in buying and selling all variations of the mystery genre.

They have a monthly newsletter to keep the membership up to date on new mystery releases, breaking news in the publishing world, tips on innovations in self-publishing and eBooks, and articles specific to the craft of writing mystery. Local monthly meetings feature talks by experts in fields related to writing mystery like law enforcement and legal experts.

The MWA University offers full day seminars teaching writers new skills in craft and discussing topics regarding traditional and self publishing.  

Science Fiction and Fantasy Writers of America (SFWA)

Cost:  $90 pa

Website:  http://www.sfwa.org

Membership is open to writers with paid publications in ‘qualifying markets’ (which appear to be US only).

SFWA’ informs, supports, promotes, defends and advocates for’ Science Fiction and Fantasy writers. They assist members in legal disputes with publishers, and administer benevolent funds.

Through on-line forums, conventions and less formal gatherings, they provide information, education, support to their members.

The SFWA present the annual Nebula Awards.