Monday, June 26, 2023

When a copyright notice is a deal breaker





Under "rookie mistakes" or "pet peeves," a couple of agents in the Jeff Herman book mentioned "copyright notices on book proposals." It's always been my standard practice to put a copyright notice on everything I send out, especially on the Web. It never occurred to me that an agent would even look at the copyright, let alone be put off by it. Do you know of other agents who dislike copyright notices on proposals? What are your feelings about them?


 
Everyone dislikes them. How much is less absolute. Most of the time (see below) they're not an instant pass for me, but seeing them does raise your bar appreciably. (For those of you who think this gives me license to steal your work, your wariness is noted and you can cross me off your query list.)
 
Your work is protected by copyright as soon as you dip your pen in blood and fix your words to the page.  Putting a copyright notice on your work does not change or add to the protection you already have.
 
The reason agents notice (and don't like it) isn't the copyright notice itself, it's the mindset that it indicates.
 
If you put a copyright notice on everything, OR (my new favorite) put a confidentiality clause at the bottom of your email it tells me first off that you don't really know much about how publishing, and specifically querying, works.
 
That means that if you were to become a client, I can expect to spend more than a little time coaching you through the cosmic horror of how things work, and pouring medicinal libations  as you discover this Arcane Business Model That Makes No Sense To Any Sane Person.
 
Now, I have to do that anyway since publishing is weird, but I like it when clients need less whisky cause they already know some of the basics. Like copyright notices don't mean a damn thing.
 
 
When copyright notices are a problem is when you've registered the copyright with the US Copyright office.
 
(And PAID to do so of course.)
 
The publisher expects to file the initial copyright (and pay for it too.) It's boilerplate in the publishing contract.
 
If you've already filed one, the publisher has to file an AMENDED copyright notice instead, and that costs more. And they have to know to do it which means I have to tell them, and if you forget to tell me ..well, it's just a stupid problem and we already have enough of those to deal with.

Not to mention it raises the question of whether you've published the book previously, cause there's another boilerplate publishing clause that says you have not.

All in all, a mess that's easily avoidable.
 
 
But, when a copyright notice means you're a blithering idiot and gets an instant pass is when you have something like:

Registered with the IP Rights Office
Copyright Registration Service
Ref: (string of numbers, no letters)

 
Previously referenced here

 
The ONLY copyright notice that actually means anything is from the US Copyright office, and starts with TX (as in text).
 
You don't need any of this, but the only one that's a deal breaker is the phony, expensive scam one.
 
Any questions?


17 comments:

Colin Smith said...

The reason agents notice (and don't like it) isn't the copyright notice itself, it's the mindset that it indicates.

By this, do you mean it indicates a level of distrust that does not bode well for a future relationship? You're going into one of, if not the most trusting relationships you are going to have in the publishing world thinking the agent you're asking to represent your work is going to steal it at the first opportunity.

Oh and on a side note: Hello Reef! 😁

Kitty said...

Years ago there was the story of the famous author who mailed his manuscripts to himself to prove he had written the scripts if necessary. I was just beginning to write stories and posting them online. I worried about someone taking my stories and claiming them as their own. Someone suggested posting a copyright mark on my stories to thwart thieves, so I did. Now it looks stupid. Live and learn.

CaroGirl said...

I honestly think it's more about not understanding how copyright and the publishing industry work rather than a distrust of the agent, editor, or publisher. Entering into the query phase without knowing the basics of copyright and publishing is, I believe, the real red flag for agents. Especially these days, when information is a click away.

BJ Muntain said...

Too many new authors don't understand the business they're trying to get into.

I've seen authors register their copyright before sending it to editors, not realizing that they have to amend their copyright if they make any real changes on their editor's advice.

I've seen an author buy a batch of ISBNs and declare themselves a publisher looking for people to publish.

I've seen self-published authors who didn't bother registering their copyright, then had to really jump through hoops to prove their work was their own when some copyright troll filed a take-down notice on them.

I'm so grateful for what I've learned from Janet!

Hi Colin!

Theresa said...

Great explanation!

Hello everyone and happy Monday.

John Davis Frain said...

100.

(c) 2023 John Manuscript Frain. All rights reserved. 1742 5638 1

Leone said...

It seems to be a common fear, for new writers especially, that someone would steal their work. Yet I doubt any writer would steal work; why go through the effort of getting something published that isn't yours? So it's odd to me that there are several novels recently (one's called Yellowface, I think) about writers plagiarizing.

Leslie said...

First of all, it's great to see everyone around and I hope you're all doing well!

Colin, I think it has more to do with how much time an agent is going to have to spend explaining the business side of things to an author. As we already know, agents don't want high maintenance divas who take up too much time.

When I first met with my agent a few years back, he asked if I understood that I would be undertaking the bulk of publicity and PR for my book. Since I already knew that and made it clear that I have appropriate expectations, he breathed a huge, visible sigh of relief

E.M. Goldsmith said...

I think Her Majesty has broached this subject before. I must say I haven't given copyright a second thought in all my journey. It was something I learned early in the process - more than a decade ago. I feel bad for the new writers who, instead of asking questions, assume how publishing works to their detriment. And certainly, pitting themselves against agents who are meant to help them, is not a great look. Thank you for the reminder. I know there are a lot of great, young writers coming through the ranks. This is great information.

Hello everyone. Glad to see so many of you still kicking around.

Carolynnwith2Ns said...

OMG you're all here. It has been so long since I've dropped by I feel as if I have been self-marooned on an island in the middle of nowhere.
I have nothing to add to the conversation other than this old broad finally did it! Got my Copyright, got my ISBN, finally published. Like I told Donna Everhart...if not now, when.

Jeez, I miss you guys and especially you Janet. Yup, a copy is on its way to you.

Coming here to share, learn and blow off steam is what kept me going. Love you guys.

BJ Muntain said...

So nice to see you, Carolynnwith2Ns!

(((hugs)))

Dena Pawling said...

Howdy everyone!

Nothing to add. Hope y'all's summer is going well.

Carolynn!!!!!! Please post a link! Some of us would love to buy a copy!

Lennon Faris said...

Always happy to see a post here.

And 2Ns, congratulations!! Just ordered a copy. Looking forward to it.

Carolynnwith2Ns said...

Hey guys thanks for your kind words. Nice to see you all.
Um...no links from me here because this is not my place to post a billboard. But I will sneak in that my name is Carolynn Pianta

Cecilia Ortiz Luna said...

Hello all and congrats Carolyn!

Good thing your book is available in my neck of the Canadian woods.

I've ordered a copy of Head-slaps and looking forward to reading it.

Melanie Sue Bowles said...

I'm just popping in... so happy to some new blog posts (Hi Janet!) and it's good to see all your names above. Hi all!!!

2Ns - YAY you!

Gingermollymarilyn said...

Hi everyone, I'm mostly a lurker with only having posted a couple of times, but through this whole writing journey I also self-published on Amazon after not getting an agent. If you're curious or interested, here's the link: The Cabo Diaries, https://www.amazon.com/dp/B09RYGS4XF. And the prequel: Island Love SOS www.amazon.com/dp/B0BZWLD7RH

I wish you continued success on your writing journeys.