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9 Questions about Copyright for Storytellers

[Adapted from How To Tell A Great Story (7^th Edition)]

This article is a series of questions that most occur when storytellers make inquiries about copyright issues.

Question #1      

When does copyright expire?

Answer:

• In the European Union, copyright in a written work lasts for the lifetime of the author and for a further 70 years from the end of the year of death.

• In the US, for works created after 1 Janaury 1978, the position is the same. 

• If the work is published posthumously, then copyright exists from the end of the year of publication.

Question # 2     

Do I need to seek copyright if I want to include an extract from a book, poem or article in my work?

Answer:

If it’s more than 70 years since the death of the author, or 70 years after publication of his/her work posthumously, generally the answer is “No.”

Question # 3     

How much can I quote without infringing copyright?

Answer:

Under the Copyright, Designs and Patents Act of 1988, you are restricted to up to 400 words of prose in a single extract of copyright work or a series of up to 300 words each, totaling no more than 800 words.

Question # 4

What about poetry?

Answer:

You are restricted to up to 40 lines of poetry, which must be no more than 25% of the poem.

Question # 5     

A newspaper has paid for a story. I now want to sell the story to a magazine. Can I do this?

Answer:

Yes, provided you have not granted copyright or exclusive use to the newspaper. To do this, when you sell your story, make it clear that you are selling only First or Second Serial Rights, not your copyright.

Question # 6

I had an idea for a story and I sent it to a magazine editor. I was not commissioned but the editor used the ideas anyway. Can I sue the magazine?

Answer:

There is no copyright in ideas, so you cannot sue a writer or a journal for using ideas that you’ve put forward. It is likely that you will find it very difficult to prove that the idea belonged to you and to you alone.

Question # 7     

Am I legally bound to inform the person I am interviewing that our conversation is being recorded?

Answer:

Yes. The reason is this – the person being interviewed owns the copyright the moment he/she utters the words and they are recorded. You should seek their permission to use those words in direct quotation.

Question # 8

I have found that someone has breached my copyright. What can I do?

Answer:

The remedies are almost the same in both jurisdictions but you will have to consult a lawyer to figure out the finer details. Generally, the remedies available are:

• Injunctions to restrain or prevent the infringement of copyrights.

• Impounding or disposition of all the materials considered to be in breach of copyright.

• Damages and profits – the copyright owner can ask for actual damages or profits suffered.

Question # 9

I have been accused of breaching copyright. What defences are available to me?

Answer:

There are many exceptions in both jurisdictions and you will need to consult a lawyer to determine the exact defence available to you. However, some of the more common ones are:

• fair dealing for the purposes of non-commercial research or private study

• fair dealing for the purposes of criticism or review or reporting current events.

• Incidental inclusion

• Educational exceptions

• Exceptions made for libraries and public administration

• Where author cannot be identified

• Making transient copies as part of technological process and backing it all up.

• Public recitation where full acknowledgement has been given.

Copyright © Aneeta Sundararaj

‘How To Tell A Great Story’ is an ebook that caters for beginners to storytelling and in particular, how storytelling can be used in every day life. The author of this popular ebook is Aneeta Sundararaj. This ebook is now in its 7^th Edition and to find out more, visit http://www.howtotellagreatstory.com.