I am in no danger of having my intellectual property [IP] diddled away by some corporation waving a contract, but Kristine Kathryn Rusch* is, and her latest post was scary to say the least. Here’s a short quote:
‘Those companies can all acquire IP from stupid writers for less than $10,000 per property forever. Just say the word “movie” or “TV” and most stupid writers give away their IP for free, in the hopes of having a movie or TV show made from their property. The property they no longer own, by the way.’
But the most terrifying part was this:
‘It doesn’t matter if your copyright is registered, the expert said. They’ll register anyway, even before they’ve started production on anything. The strategy is to create confusion over who owns the copyright, and it’ll take litigation to straighten that confusion out.‘
The bold emphasis is mine but the meaning is clear – one small Indie hasn’t a hope of fighting a company with millions of dollars in its war chest. Can you afford to take a production company to court to get your intellectual property back?
“Oh but if I’m being paid for it then it doesn’t matter.”
Yeah, that’s the big ‘if’, but sadly those contracts make sure you get little if anything in return.
I really, truly, strongly suggest you read the Rusch article, just in case….
http://kriswrites.com/2017/10/25/business-musings-stealing-intellectual-property/
I’ll confess, part of my outrage stems from the fact that I have day dreams too. I would love to see the Innerscape story turned into a movie or a big, beautiful game. I understand the desperation to have that kind of validation, because I share it. If someone came knocking, waving a contract in my face, I know I’d have stars in my eyes and the k-ching of cash registers in my ears too. But after this warning, I hope I remember that the one thing worse than never finding fame and fortune is being cheated out of it…by a corporate with lots of money and no scruples.
Seriously, if you’re an Indie author, please read the Rusch article.
Meeks
*Kristine Kathryn Rusch is a Hugo award winning writer with her own wiki page: https://en.wikipedia.org/wiki/Kristine_Kathryn_Rusch
November 8th, 2017 at 1:51 pm
unfortunately this is the truth .Major corporations have the legal bandwidth and time to fight cases and create confusion. however authors must lobby with the government to change the law and ensure that the creators are remunerated adequately. In India there has been a major churn in the music industry where all major companies have been raided by the Enforcement Directorate for non payment of royalties to authors….
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November 10th, 2017 at 8:27 pm
Hi! And thanks for that info. Sadly in the David and Goliath scenario, it seems that Goliath wins most of the time. 😦
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October 30th, 2017 at 10:06 pm
Depressing stuff. Whatever about creative things, apps and software are written every day by bright eyes analysts in the hope of impressing their boss. They gain a mention at a Christmas party, the company gains a lot of money…
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October 31st, 2017 at 9:08 am
YEs. Anything written on company time or using company information belong to the company.
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October 28th, 2017 at 8:40 am
Hiring a lawyer is not an option for those of us with no funds. I certainly couldn’t afford one.
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October 28th, 2017 at 9:17 am
Me neither, Yvonne, especially one that was actually expert in this kind of thing. 😦
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October 28th, 2017 at 7:22 am
Reblogged this on When Angels Fly.
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October 28th, 2017 at 7:18 am
Important article – the field of IP licensing (or outright sale) is filled with mines and traps for the innocent. IP of any kind is a valuable commodity authors should NOT let go. Even standard industry publishing contracts actually license an astonishing number of separate IP rights to a single publisher.
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October 28th, 2017 at 3:24 am
Such important info. I think writers – and artists in general – are very bad about not spending money to have lawyers review contracts they are going to sign for potential pitfalls. Everyone is starry-eyed about being published or getting a record deal, and they fail to spend a small amount of money that can save huge amounts of trouble down the line.
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October 28th, 2017 at 8:32 am
So agree with you! Hire a lawyer. It’s money well spent in this case.
And no, I’m not a lawyer 😉
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October 28th, 2017 at 9:18 am
I agree in principle, but if someone offered me a movie contract right now, I’d be dead in the water coz I definitely can’t afford a lawyer.
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October 28th, 2017 at 9:24 am
I agree only…what if you don’t have the money? I mean seriously don’t have the money? 😦
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October 30th, 2017 at 11:29 am
I think in the context, it was you’re signing a deal worth thousands – I wouldn’t advocate for it in all situations, but definitely in that one!
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October 31st, 2017 at 9:14 am
Ah, yes. That would change the equation somewhat. 🙂
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October 28th, 2017 at 3:09 am
Reblogged this on Chris The Story Reading Ape's Blog and commented:
Something to remember…
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October 27th, 2017 at 10:32 am
Hi Meeka. Thanks for the warning. I am not an author and only write on my blog, I admire people like you who are authors. I have seen on some blogs copy right notices or statements about use of information on the blog. I do not know how legal that is. Hugs
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October 27th, 2017 at 10:40 am
It’s a tricky problem, Scottie. Here in Australia we’re told we don’t need to register anything as our copyright is automatic. But I don’t know what happens when that copyright is challenged by say a US company with heaps more money than me.
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October 27th, 2017 at 10:24 am
Fortunately I have always been a skeptic when it comes to trusting corporations to treat me with integrity. While I did have a screen writer say he would write a screenplay for it, I never thought it would amount to anything, especially as I had NO intention of giving up control of how my story would be portrayed. I am no longer that naive.
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October 27th, 2017 at 10:41 am
lol – I envy you the fact that someone at least /asked/ but yes, we all have to grow a thick skin in this business…and assume that everyone is out to get us because they are. Unless they prove otherwise. 😦
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