Mike Murphy's writing diary

Saturday, 17 September 2016

One of the most fascinating sessions at the Rockingham Writers Convention on Saturday was Literary Agent Alex Adsett talking on copyright and contracts. I can't do it full justice here but these are some dot points.

· Copyright is automatic and free; it doesn't have to be registered.

· To claim copyright you have to have something in a tangible form - written or whatever the latest technology is. Talking about it is not enough.

· It is a myth that writers should self-publish on line to protect their copyright.

· The copyright symbol © has no meaning except to indicate the owner.

· Ideas cannot be copyrighted - only the way the idea is expressed.

· There is no copyright on titles or slogans unless they have been trademarked.

· Using quotes or song lyrics in your work can be breach of copyright - get permission.

· If you have a traditional publisher it is still your responsibility to get permissions, but the publisher can help you.

· Copyright lasts 70 years after the death of the creator. The report suggesting this would be changed to 15 years was rejected.

· Writers should join The Copyright Agency - it not only monitors and collects fees on your behalf but has a great newsletter and offers training seminars. Their website is copyright.com.au.

· If you have questions about copyright the Arts Law Centre should be your first port of call. Their website is at artslaw.com.au. Alex has names of lawyers with copyright expertise on her website at alexadsett.com

On contracts Alex said :

· If you get a three-page contract worry about what is missing - normal contracts are 15-20 pages.

· Beware if it says "all forms, editions and languages throughout the world for the term of the copyright". Decide what forms and territories you want to give them and retain what you are not sure they are the best to handle.

· Make sure the contract includes reversions (where the rights revert to you if they have not been achieved within a set period).

· Watch out if the contract says they will consult with you on changes to your ms. That means they can consult and go ahead despite your opposition. Make it says you must consent.

· Watch out for lower royalties on subsequent editions or print runs.

There was a lot more. Have a look at Alex’s website or, better still, watch out for one of her talks or workshops. She is also a contract consultant as well as a literary agent.

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Authors I like

Anna Jacobs

A mentor in my early writing days and still one of my favourite authors. Her sagas about family life in Lancashire are among my favourites but she is a prolific writer and it's all good.

Michael Robotham

Michael urged me to keep writing when I was in a depressed period after another publisher's knock-back. He is basically why I kept writing and turned to self-publishing. I've read all his books and I'm always waiting eagerly for the next one.

Dave Warner

I only recently discovered Dave as a writer after having had his Dave Warner and The Suburbs album since it was on vinyl. It's interesting having another writer who sets his stories in Western Australia.

Dick Francis

I've read all his books at least twice and sometime more often. He's the writer I always return to when I need to feel totally in my comfort zone. Good stories, tight plots, easy writing style. I'd love to know if it really was his wife Mary who wrote them. His son Felix is doing a great job of keeping the family business going.

Leslie Thomas

Ever since Virgin Soldiers I've been hooked on Leslie Thomas and his Dangerous Davies series are among my all-time favourites.

I am because I write

I come across a lot of people who would like to be writers and I often wonder why. For me there has been no question. Since a very young age I have been a writer. Certainly not a famous or even successful one but while other people were doctors or teachers or sportspeople, the thing I did best and was most comfortable doing was writing. For some reason I had a natural flair for it and that raw talent was honed when I became a journalist and learned that what bubbled out of my head was not what was needed. I had to to be able to write to order. One of my earliest lessons came from Bob Duffield, a reporter who took the story of the closure of Perth's Roe Street brothels and wrote different versions of it for convervative, sensationalist, religious and sociological publications. I learned that writing was a craft to be learned, and I have spent many years learning not only the craft of writing, but of story-telling, which is an art in itself. Whether it's a poem, a short story, a novel, my family history, one of my blogs or web sites, I will always be writing something. It's simply who I am and what I do.