As a writer, editor or publisher, you need to be aware of the legal aspects associated with producing a book. The two main legal aspects that will be discussed here are in regard to copyright and libel issues: what they are and how to protect yourself from a lawsuit.
Most members of the public are familiar with the copyright symbol (©) in books and on professional material; however there can be some misunderstanding to the various rights of copyright. The first thing to make clear is that everyone is entitled to copyright and it does not need to be applied for (Shay 7). Once a book has been published, the copyright lasts for the length of the author’s life, with an addition of 70 years (Shay 9-10). In normal circumstances, copyright will always belong to the author, having said that, for writers “where you produce in the course of employment, copyright usually belongs to your employer, unless there is a contract stating otherwise” (Shay 8). Even though the copyright of a book may belong to the employer such as a publisher but according to Shay (15), the author still has three main moral rights under the copyright Act. These rights include: “the right to be identified as the author” (Shay 15); “the right to object to derogatory treatment of work” (Shay 15); and “the right not to be falsely attributed as author of work” (Shay 15). When the copyright symbol is seen on a piece of work, no person is allowed to copy any part of the content without stating the source, similarly, a writer needs to be careful on what they include in their book.
Writers, especially for fiction, are usually inspired by real events for storylines or characters in their novel, and consequently are put in jeopardy of having a lawsuit for libel filed against them. “Libel is one part of the law of defamation. The other part is slander” (Shay 43). The basic difference between libel and slander is that libel is written and slander is spoken. This implies that “a writer is more at risk of proceedings in that the evidence is usually there – written down for all to see” (Shay 3). Shay (45) points out that a piece of work “has to be published” for a libel claim to be made and says (46) that “it has to harm someone’s reputation or cause that person to be shunned or avoided” to be classed as defamatory. For writers it is suggested to be aware of these laws so as to be effective at avoiding legal action and hefty penalties. To avoid libel, it is suggested by Shay (49) to change names, background information, adding different characteristics and possibly the age and gender of the character in question, if the author wants to use real people. A fiction writer shouldn’t use full details about a real person in any case because it is fiction, but instead take a certain characteristic and evolve a new character from that inspiration. In the end it is up to the writer to decide on how much caution to take in regards to this issue.
The two legal aspects of copyright and libel can affect writers, editors and publishers in both positive and negative ways. It is wise for writers to be aware of their rights and responsibilities regarding both these legal issues and to act cautiously to insure they do not come across legal action.
Bibliography:
• Shay, Helen. Writers’ Guide to Copyright & Law. 3rd ed. Oxford UK: How To Books Ltd, 2005. Print
• "Copyright Australia". 18/05/2010 .
• "10 Big Myths About Copyright Explained". 18/05/2010 .
• "Fiction Craft: Using Real People as Characters". 18/05/2010 .
• "Avoiding Libel Issues". 18/05/2010 .
• "Defamation". 18/05/2010 .
Interesting...thanks for that! Answered some questions that had been bugging me for a while.
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