Imagine you're a writer or illustrator who one day hopes to be published. Yes, I know: most of you are, so it won't be hard to imagine. Or imagine you're already published, as many of you are.
Imagine that you've created a character, or a world, or whatever, and you're writing about it on your blog or wherever. Imagine you put some text or some pictures, sketches perhaps, on your Facebook page. People like them and give you lovely feedback. You develop the character (or whatever) and keep working at it, sometimes putting bits of material on Facebook.
And imagine you get a book deal out of it! YAY! Fabulous! Because that's what can sometimes happen through social media, isn't it? You put stuff out there and people see it and one thing leads to another and eventually, in your dreams and occasionally in reality, one thing leads to a publishing deal.
And maybe even a film deal.
Doubly yay with sparkly tassells and lots of fizz!
But, hang on. Who owns that content, those pictures, those snippets of text about your created world or characters? You do, don't you?
Really? As that article shows you, yes, but also no. You may "own" it, but Facebook/Twitter/LinkedIn/Instagram/platformasyetnotinvented can use it for their own purposes. Because you said they could.
Now imagine something else. Imagine that the company wanting to offer you a publishing deal or a film deal for your story, with your fabulous illustration/character/world, discovers that you've put the image/whatever on Facebook. And they realise, because they know about silly things like the law, that now Facebook has the right, because you signed the Terms and Conditions giving them that right, to use your image/whatever as it wishes. And even to "transfer or sub-license its rights over a user’s content to another company or organisation if needed."
But you could remove the images/text, couldn't you? Delete the account. Well yes. But "Facebook’s license does not end upon the deactivation or deletion of a user’s account, content is only released from this license once all other users that have interacted with the content have also broken their ties with it (for example, a photo or video shared or tagged with a group of friends)."
If I were that publishing company or film company, I might think twice about offering you a deal. After all, Facebook has the rights to use your images so how can you sell the rights to me?
Not a pretty thought, is it?
Beware the internet, especially when bearing really, really long Terms and Conditions which you're not really going to read, because who does?
Nicola Morgan, the Crabbit Old Bat, is a multi-award-winning author of over 100 books across many genres. In this blog, she gives crabbitly honest advice to determined writers, and in her books, WRITE TO BE PUBLISHED, WRITE A GREAT SYNOPSIS, DEAR AGENT and TWEET RIGHT.
Showing posts with label copyright. Show all posts
Showing posts with label copyright. Show all posts
Tuesday, 3 December 2013
Wednesday, 4 January 2012
Open letter to the Scottish Cabinet Secretary for Health and Wellbeing
To Nicola Sturgeon, Deputy First Minister and Cabinet Secretary for Health and Wellbeing
Dear Ms Sturgeon,
As the previous Chair of the Society of Authors in Scotland, I wish to draw your attention urgently to a matter that harms both patients and writers.
Until recently, the NHS Scotland held a copyright licence, enabling staff to photocopy important information and writers to earn income from their work as enshrined in the Universal Declaration of Human Rights. Without this licence, staff are forbidden from copying any written information. If they do, they are both breaking the law and depriving writers of rightful income.
Now, we hear that the NHS is not renewing its licence.
You may think that all authors are wealthy. This is very far from the case. In 2005, the evidence taken by the Society of Authors showed that, for example, over two thirds of professional writers earn less than half the national average wage. The situation since then has dramatically worsened for almost all of us. My payment from the copyright collecting body (the Authors' Licensing and Collecting Agency) is the most significant payment I receive each year. I can't afford to lose that along with the loss of royalties incurred for so many other reasons.
It will obviously be bad for all of us - patients and authors - if the NHS Scotland does not change its decision. The laws of copyright seek to allow people to copy material legally and the content provider to be recompensed for his or her work and skill. These are both important principles and I am appalled to hear that they are being disregarded.
Please put pressure on the NHS Scotland to reinstate its copyright licence, allowing the legal availability of vital health information to doctors, and crucial income to flow to the creators of that information.
I would be happy to talk to you further about this if you wished.
Yours sincerely,
Nicola Morgan
Dear Ms Sturgeon,
As the previous Chair of the Society of Authors in Scotland, I wish to draw your attention urgently to a matter that harms both patients and writers.
Until recently, the NHS Scotland held a copyright licence, enabling staff to photocopy important information and writers to earn income from their work as enshrined in the Universal Declaration of Human Rights. Without this licence, staff are forbidden from copying any written information. If they do, they are both breaking the law and depriving writers of rightful income.
Now, we hear that the NHS is not renewing its licence.
You may think that all authors are wealthy. This is very far from the case. In 2005, the evidence taken by the Society of Authors showed that, for example, over two thirds of professional writers earn less than half the national average wage. The situation since then has dramatically worsened for almost all of us. My payment from the copyright collecting body (the Authors' Licensing and Collecting Agency) is the most significant payment I receive each year. I can't afford to lose that along with the loss of royalties incurred for so many other reasons.
It will obviously be bad for all of us - patients and authors - if the NHS Scotland does not change its decision. The laws of copyright seek to allow people to copy material legally and the content provider to be recompensed for his or her work and skill. These are both important principles and I am appalled to hear that they are being disregarded.
Please put pressure on the NHS Scotland to reinstate its copyright licence, allowing the legal availability of vital health information to doctors, and crucial income to flow to the creators of that information.
I would be happy to talk to you further about this if you wished.
Yours sincerely,
Nicola Morgan
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