How to use this Page

Q: Recently someone informed me that I violated copyright [by posting] one of his cartoons on my blog. I apologized and removed the image. Now I’m worried about other images I’ve used. My blog is simply to connect with other writers and I don’t make any money from it. What are the rules for using images on a noncommercial, recreational blog? —Anonymous

A: It’s extremely common for bloggers to reuse images from all over the Web, thinking the images are fair game. But that assumption is wrong, and taking someone else’s work can get you into trouble.

Most images posted online are copyrighted, and you must receive permission from the copyright holder to use them. The owner of the image could be its creator, a business, a nonprofit, etc.—regardless, you don’t have the right to use it without written consent. Think about it in writing terms: If you post a short story on your blog, you own it and you wouldn’t want others to post it on their websites without your permission, would you? Most writers wouldn’t. An image is basically a pictorial story that holds the same copyright benefits your writing does.

Keep in mind that just because you can’t take images freely from any site you please, that doesn’t mean there aren’t plenty of online images available for free use. One great resource is Wikipedia’s Wikimedia Commons, which houses more than 9 million usable media files. Or, pick a search engine and type in “public domain images” to find hundreds of links. If you need something specific, like “a hippopotamus wearing a sombrero,” add that to your search and see what comes up. You may be able to find the perfect image just by doing that. And you won’t be infringing on anyone’s rights in the process.

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Q: When submitting an already published article—which carried one-time rights—what information do I owe the new editor?—Jack C.

A: You need to tell the new editor the name of the publication and the issue date in  which your article first appeared. Also, make it clear that you sold them only first serial rights, and so you’re now free to peddle it again. And never try to sell your article a second time until it’s already run in the publication that owns its first serial rights—this can lead you down a long, embarrassing path. Better safe than sorry.

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• Pick up your copy of the Beginning Writer's Answer Book. For more details about the book, click here.
  
• Follow the WD Editors on Twitter: @writersdigest @BrianKlems @JaneFriedman @robertleebrewer @JessicaStrawser @ChuckSambuchino
  
• Become a fan at our Facebook page

Q: About 20 years ago, I sold a short story to a magazine. One line in my contract stated the payment was for “full rights” and another said, “On acceptance of this payment, the author transfers the copyright interest to … .” Does this mean I can’t sell the story ever again, even as a reprint? What if the magazine is no longer published?—P.A.‑Humphrey

A: Selling full rights to your work is like selling your car—once the contract is signed, you have no rights to the piece and can’t sell it again. Works created 20 years ago are protected for the life of the author plus 70 years, so the new owner has that copyright protection.

According to our legal expert Amy Cook, even if a magazine is defunct, someone, somewhere, still owns the copyright to your piece. If you want to sell that article again, you’ll need to get the rights back.

“Even if the company went out of business, copyrights are assets that can be bought and sold; they don’t just disappear,” Cook says. “However, if you can find out who currently controls the copyright, that person may be perfectly willing to transfer the rights back to you.”

Cook also notes that there’s a little-known loophole in the Copyright Act that says authors may terminate their copyright grants after 35 years (though it doesn’t apply to works-for-hire or copyrights transferred in wills). But this loophole still requires you to contact the existing copyright holder and inform her that you’re exercising the clause. It’s important to put it in writing. And if you’re doing this, I suggest consulting a lawyer first.

Your other option is to change the story to make it a new work. There’s no real formula when it comes to creating a new piece out of old material. It’s important to know that you can use the same idea, but the work can’t be “substantially similar” to the original piece. How similar is “substantially similar”? That’s up to the judge—if it ever comes to that. 

Brian A. Klems is the online community editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at [email protected] with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.

Q: My co-author and I have been asked to provide a collaboration agreement to our agent.‑ Where can‑we find a template for creating this document?—Michele

A: Templates for author contracts can be found in Tad Crawford’s Business and Legal Forms for Authors and Self-Publishers (Allworth Press). It’s a great resource for finding all the legal forms an author could need, including a co-authoring contract. The book comes with a CD for your computer that has all the forms on it. Plus, by reading over the other contracts available, you’ll have a better sense of all the rights/topics you and your writing partner need to discuss.  

Brian A. Klems is the online managing editor of Writer’s Digest magazine.

Have a question for me? Feel free to post it in the comments section below or e-mail me at [email protected] with “Q&Q” in the subject line. Come back each Tuesday as I try to give you more insight into the writing life.