Copyright question for NF book with guest contributors

dgaughran · Jun 16, 2011

Hi,

I'm just doing the last tidy up on a non-fiction book that I will be self-publishing - digital only - and I have a somewhat unusual copyright question.

Most of the book is my original work (over 75%), a collection of articles, essays and how-to guides, much of which appeared in one form or another on my own blog.

The other 25% is a series of guest contributions, mostly around 500 words or less. They were all personally invited (by email) to contribute (by me) and they have all agreed for their pieces to appear in this book.

They know that I will be charging for it on Amazon, Smashwords etc., and making the PDF version available as a free download on my blog with an option for readers to donate. I am considering attaching a Creative Commons Licence to the free PDF version (specifically CC BY-NC-ND) to encourage people to share the PDF as much as possible, while restricting commercial use of it.

It is clear in the book itself who wrote what. The chapter titles of their contributions are their actual names, and the section at the back where their contributions appear is prefaced with a note by me saying something like "32 people have kindly agreed to share their stories in their own words". So that much is clear.

But, I have a question about the copyright notice, and this isn't my area at all.

First off, my basic understanding (and this could be wrong), is that I own the copyright to my words, and they own the copyright to theirs.

Should the copyright notice reflect both me and all 32 contributors? Is there a specific form that the copyright notice must take where one person has contributed the vast majority of the work and others have contributed very small parts? (I'm thinking there could be some parallels with a book where the introduction was written by someone else.)

Do I need specific agreement from the contributors with regard to copyright, other than what I have in writing (a simple agreement to use their 500 word piece)?

Do I need separate agreement from them to attach a Creative Commons Licence to the free version? (They are aware that the PDF version will be free on my blog, and have agreed to that.)

I have no issue whatsoever with crediting work appropriately. However, one thing I was keen to avoid was making it seem like my contributors co-wrote the book. Some of them have big names, and I don't want to seem to be trying to trade off their names in a misleading way.

Is there a form of wording that is used in cases such as this?

Or is it just "Copyright (circled c) David Gaughran, [all 32 other contributors] 2011"?

Finally, is there any issue with attaching a link to my blog under the Creative Commons Licence & the Copyright Notice asking people to donate if they found it useful?

Any advice/help appreciated.

Dave

Chris P · Jun 16, 2011

I tried to respond to each question individually, but there is much overlap, so I'll describe the overall process, which should answer your questions. I am the editor of a regional scientific journal and I have served as the editor of a book of contributed scientific articles for the American Chemical Society, as well as contributed articles to several journals and book chapters.

The standard practice in such cases is that the corresponding author of each piece fills out a copyright transfer form on behalf of him/herself and the co-authors of the piece (if any). In some cases the employer needs to sign this (I have to have mine signed by the regional office). The wording of the CTA is pretty variable, and it's valid as long as it is clear what rights are being transferred (can the author post the piece on his website? etc.*). The book itself is copyright of whoever the copyright was transferred to (such as the ACS, etc.). Now, if any author is an employee of the US (or UK, or Canadian, not sure about other countries) government and the material was written in the course of the person's official duties, the contribution is in the public domain and a notice regarding such must accompany the article (we do it as a footnote on the first page for ACS and the journal I edit).

You can probably find sample copyright transfer agreements on the internet. PM me if you have specific questions, but keep in mind I am not a lawyer; I've only served as an author and as an editor.

*ETA: In non-fiction, we don't usually talk about "first rights" or "North American distribution rights," or other terminology used in fiction. Most CTAs relate to copyright only, but some do specify whether or not an article can be posted on the author's or author's employer's website (such as an academic department's webpage) and IIRC the copyright is usually in perpetuity (for scientific articles, anyway). Reprinting content is usually considered plagiarism, and self-plagiarism is actually quite common (but still a no-no).

dgaughran · Jun 16, 2011

Hi Chris P,

I think I can simplify matters a little.

The book is a guide to digital self-publishing. All of the contributors are self-publishers. So, they are not writing in the "professional" capacity that you describe, so there is no question (as far as I am aware) of public domain issues or permission needing to be granted by employers.

As I am publishing the book, does this make me the copyright holder for the entire work, while they simulataneously hold copyright for their 500 word contributions?

It looks like I need to get them to sign a copyright transfer form for the work they are contributing. Will those agreements have to be amended to take account of the fact that there (possibly, yet to be decided) could be a Creative Commons Licence attached to the free version?

I don't imagine this will be a problem for any of the contributors, but obviously I would like to have everything proper on my side.

Dave

Chris P · Jun 16, 2011

I think you can do it either way: have the copyright of everything assigned to you or have the authors retain their copyright. In that case you're acting as many literary journals do; some take copyright for a period of time (rarely but sometimes forever) and some leave the copyright with the authors. If each retains their own, I've seen some books provide a front page listing each contribution and the copyright info, and others I've seen simply state "All contributors retain their respective copyrights." You would still be the copyright holder on the book itself and on your contributions (correct me if I'm wrong, but nobody else could assemble those same contributions and distribute it), it's just the contributors would be able to do what they wanted with their material.

Where I was coming from is that you will need to describe to the authors what they can and cannot do with their material until and once your book is published. I'm not sure how or if Creative Commons Licenses change any of this. That's well beyond me.

To be honest, I'm not sure what the advantage would be to you having the copyright to the contributions unless you wanted to sell reprints of the contribution (as scientific journals do) or prevent an author from bypassing you and posting the stuff on their websites.

I have a feeling we might not be quite connecting on this; sorry about that. Let me know if you'd like me to clarify anything.

Cathy C · Jun 16, 2011

I presume you have their permission in writing. Yes? And you've compensated them in some manner for their contribution? Because if you're going to profit, that's an issue.

As for their copyright rights, they would likely have a similar intellectual property right in the whole of the volume as an editor of non-fiction articles. They've added to the text but they only own copyrights in their pieces. However, those pieces are part of a whole. The author of the piece, for example, cannot re-sell an edited work as his/her own. Permission must be obtained from the contributor.

Samples and edits are a form of derivative right. You should read up on the concept at the U.S. Copyright Office's website. They have a terrific FAQ section. Here's the specific page for the derivative rights. Here's the general FAQ page

Good luck!

dgaughran · Jun 16, 2011

@Chris

Stating "All contributors retain their respective copyrights" works for me. I don't want to take ownership of their words, and I want them to be free to use them for their own purposes, however they choose.

@Cathy

I have their permission in writing. There is no compensation involved. These aren't "creative" pieces as such. Essentially it's a few brief paragraphs on their respective self-publishing journeys (kind of like an extended bio). I am laying out all the costs for production, and I am also making the PDF version free on my blog.

In exchange they are getting promotion, and the PDF will have links to their e-books so readers can purchase them if they wish. I may make a loss on it, I have no idea. They are all happy with the arrangement - they are all extremely successful self-publishers and are keen to share their stories, and I would presume they guess that there is a chance that the free version could be widely disseminated.

Thanks for those links,

Dave

dgaughran · Jun 19, 2011

I have been doing a little more research on this, and I have another question.

As I don't want to take ownership of their words, and I don't want to restrict their use of their contributions in any way, is a "Permission of Use" form what I really need in this case rather than a CTA?

FocusOnEnergy · Jun 21, 2011

Timely question, dgaughran. Yesterday I had to explain to the man who wrote the afterword to my memoir that the final product is not "mine" but "ours", because he owns the copyright to his contribution, just as I own the copyright to mine. Although his part of it is only a very small portion, it is still his, not mine.

Focus

Deleted member 42 · Jun 21, 2011

If you've got permission in writing all you need is a declaration of their rights, with a courtesy statement directing interested parties to contact the specific authors.

Look at a recent commercially published anthology or essay collection for a model.

dgaughran · Jun 22, 2011

Thank you Medievalist & Focus,

I was looking back over some of the "permission" emails, and I don't think a few of them are strong or clear enough, a couple just say something like "Will the attached be of use to you?"

TO cover all bases, I think I will email all the contributors individually with an attached copy of their contribution (as edited), both to get their permission in more "official" form, and to confirm they are happy with any changes I have made, and to give them approval of everything before it gets locked down.

Thanks again,

Dave

veinglory · Jun 22, 2011

I personally, can imagine a problem if you first asked for non exclusive publication rights and now are going to ask for copyright. IMHO there is no legal need to have a copyright notice at all. If you have one it should mention all contributors. I, personally, would steer well clear of asking for copyright transfer.

dgaughran · Jun 22, 2011

Hi veinglory,

I don't think I was clear above.

I don't want to ask for their copyright, I don't want to take ownership of their words, and I don't want to restrict their use of those words in any way.

Non-exclusive publication rights is exactly what I'm looking for.

Dave

Copyright question for NF book with guest contributors

dgaughran

Chris P

Likes metaphors mixed, not stirred

dgaughran

Chris P

Likes metaphors mixed, not stirred

Cathy C

Ooo! Shiny new cover!

dgaughran

dgaughran

FocusOnEnergy

Empirical Storm Trooper

Deleted member 42

dgaughran

veinglory

volitare nequeo

dgaughran