The Legal Side of Being an Author

[ZeppoAndFriends]

So, I'm writing a novel (*Sarcasm* Yeah, you're all so impressed. *End sarcasm*) and have been reading up on the legal side of the writing/publishing process. But the more I find out, the more things clash and the more I need headache relief. Since I know for a fact that there are published authors 'round these parts, I figured this might be a good place to find someone with first-hand experience who can answer a few questions IN ENGLISH!

Okay, here we go:

1. Copyrights. If an author wants to keep their copyrights (characters, story, etcetera), do they need to register before trying to find a publisher, do the publishers keep the rights for themselves, does the publisher register the copyright on their behalf, or is keeping copyrights something only previously successful authors get to do?
2. Editors. Can editors cut parts out of your book without your knowledge and force rewrites, or do they just make helpful suggestions of things they think could make your story better, or is it more a combination of the two?
3. Agents. I've found conflicting reports about the necessity of an agent in getting things published. Is an agent really necessary?

Any and all information is appreciated.

 

[MartyMuppets]

For question number 2 I don't think anybody let alone an editor has any right to just tell you what to cut out or to rewrite. Their job is to make suggestions and recommendations. Not to take over your story and butcher it as they see fit.

One good example I've heard is that J. K. Rowling's editor originally wanted her to cut out the scene with the troll in the bathroom in her first Harry Potter book completely. But she put her foot down and said no because how else were Harry and Ron going to be able to lay aside their differences with Hermione and become friends if they didn't save her life in that way? And she was absolutely right to stand up for herself like that.

 

[ZeppoAndFriends]

Information noted and appreciated. Thank you.

 

[newsmanfan]

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US copyright law, as I understand it, states that if you create it, you AUTOMATICALLY own the copyright, period. You CAN register it with the Library of Congress for some paperwork and a small fee, but it isn't actually necessary to do so before agent- or publisher-hunting. I've also heard of the cheapie route of sealing a copy of your MS and mailing it back to yourself and keeping it sealed -- the postmark proves the date for you, if it's ever contested. This, however, is also unnecessary. When you sign a publishing contract, READ IT CAREFULLY before you sign, as there are several different publication rights you can agree to, including signing away the right for a single press run, signing away the right for multiple runs, for a stated number of years for them to do with as they like, for excerpts only in a magazine, for foreign rights, reprint rights, film rights, etc, etc. I highly recommend you check out the Science Fiction Writers of America; years ago Harlan Ellison, sick of his fellow scribes getting the shaft in book and story contracts, wrote a great explanation of all the possible rights you might want to sell. Writer's Digest is also a good source for this kind of info.

Editors may or may not cut things. It is the author's responsibility to NOTE any cuts in a proof sent back to them, and to agree or object or submit rewrites. Most editors WILL correspond with you about stuff like cuts or rewrites, and they don't have the right to publish anything under your name which you did not approve -- but remember, silence means approval. They do have to send you proofs, unless they say they're accepting the story "as is" (uncommon -- more likely to happen to Stephen King than me or you). Editors WILL suggest changes and may press you to comply, drag heels on publication, or outright refuse to publish if they don't agree with you -- and if you've already signed away any rights to them, you're up a creek until their rights expire! (This happened to a friend of mine who didn't check the fine print. Beware.)

Yes. Until you make your name, an agent IS a necessary evil. Many publishing houses, both magazine and book, won't even look at an unsolicited submission if it's not agented -- and many of those go into the slushpile to die slow, unnoticed deaths anyway. Online 'zines are more forgiving -- but there's very few of them respected by the print publishing world, since ANYONE can do a 'zine, so I wouldn't recommend that route unless the place you submit to has a strong rep and a wide readership, even if only in their genre. When agent-hunting, DO YOUR HOMEWORK. Get a resource guide (such as the "Writer's Guide to Agents") and see who:
1. represents authors who do similar work to your own,
2. has worked with publishing houses which publish stuff similar to your work,
and 3. are accepting or actively seeking new clients to represent.

Expect this search to take months. Even previously published authors can have a hard time finding a new agent. Don't be surprised if you contact them and hear nothing back; some are busy, some just have no manners. Try to stick to agents who already have some experience; find the authors they've represented (or still do) and see what kinds of books/stories those folks write. Mention that in your query letters. "I know you represent Miss Piggy; I have written a book about celebrity pigs too and would like to send you a copy for your perusal..."

It's a hard business, even more difficult with fewer than 20% of Americans reading more than 1 book a year! Know your market, know who publishes it and who represents it, and then...happy hunting!
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[ZeppoAndFriends]

For expression of gratitude, see post #3.

 

[beaker]

I'd say just do what musicians and artists like myself do: post it online. I think there's sites for writers. Automatic copyright, people can read a couple chapters as a teaser, and then pay whatever for a pdf download or to their ipad/kindle/nook/etc format