Archive for the ‘Legalese’ Category

How Long is too Long?

Friday, February 6th, 2009

So, here’s a moral dilemma.  I mean, it’s not a dilemma.  It is more like a little bit of moral tension.

I have some very strong views on copyright.  Or, to put it differently:  I have very strong views on the strength of copyright.  I think, among other things, that the term of copyright granted in our society is way too long.  I think, among other things, that fan fiction should be unambiguously allowed.  If I had my way, I’d set the term of copyright to the term of patents, or at most twice that:  twenty to forty years, max.  Possibly twenty years with an additional twenty year automatic extension, which must be applied for with a tiny (say $10) processing fee.

That is never, ever going to happen, so I think that the second-best thing is to contract around onerous copyright rules, e.g., through a Creative Commons license.

But I did just happen to sign a contract that gives HQN the rights to my copyright so long as my book remains in print, for the natural length of copyright.  I feel . . . very ambiguous about this.  I feel that it would be wrong–really wrong, and because I feel so strongly about copyright length, for me, downright morally hazardous–if one of my descendants were still making royalties off my book in a century.  And however much I still want my book to be on sale then (I know, dream on), it bothers me.

Ultimately, I had no problem signing the contract simply because I don’t think my book will be in print in 100 years, and my rights will revert to me, and I’ll probably release it into the public domain long before then, either by bequest or during my life–because once my book has lived out its time of commercial viability, I feel I have an obligation to release it into the public domain, even if technically the copyright has many decades to go.

What do you think of all this?  If you’re an author, do you feel like you have any interest at all in what happens to your books 100 years from now?  Does it bother you to think you can hold on to a piece of culture for a full century?

My Workshop!

Tuesday, July 22nd, 2008

I’ve been meaning to flog my workshop–uh, I mean, tell you how much you really want to go to my workshop at the Beaumonde/Hearts through History conference on July 30th.

It’s entitled Women, Property, and Personhood (not the title that’s showing up on the Conference List), and it’s a short look at the legal development of property rights in England (and only England, sorry, Scotland has its own courts of equity and I’ve never researched anything from them), with a particular look at how they pertain to women’s property rights and personhood. As this is a writer’s conference, the focus is on plots rather than particulars of the law.

You are probably thinking something like this: “Oh great. I would rather be bludgeoned to death with a baby seal then attend, at 9:45 in the morning no less, a workshop that delves into legal details from three centuries ago. Well, look at it this way: This workshop is 55 minutes long. The subject matter could fill a small room chock full of microfiche. If I tried to convey a great amount of legal detail, (a) I would run out of time before I hit 1400 A.D., (b) you would all fall asleep, and (c) there would be no guarantees I would get to material that would be useful to you.

So what I’m doing, instead of conveying vast amounts of factual detail, is giving a very broad overview of how people thought about property throughout history. I’ll explain how these give rise to a number of rules, and I’ll hand out a common checklist of “ways to figure out if you may be making a legal error.” The last half of the workshop will be hands on–we will examine wills and devises from actual romance novels, and I’ll show you how to use my checklist to figure out whether they can (or can’t) hold up, and if they can’t hold up, I’ll explain ways that the author could have achieved the exact same plot points.

In short, it’s designed to be useful for writers, to facilitate your plots (rather than to pull them to pieces), and to be more fun than you ever imagined law could be. Which, believe it or not, is pretty darned fun!

So come, and win various and sundry prizes, such as CDs containing scans of complete legal treatises (some of which are not available on Google Books), and never-seen-before-dare-you-to-wear-them buttons promoting the coolest, legally-accuratest Regency-set trilogy that 2009 will see!


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