Mark Gilroy

Bringing Books to Life!

What Must I Do to Copyright (and Protect) My Writing?

Q: What must I do to copyright my writing?

A: Nothing.

The moment you write something original as an idea or expression on the back of a napkin, in your journal, or any other sheet of paper (or any other textile or surface) – or input it into your computer, you own the material. Unless you sell your copyright to someone else (i.e. a Work Made for Hire Agreement).

what must I do to copyright and protect my writing?Outside of that nebulous area called “Fair Use” no one else can publish your material without your permission. You created it; you own it. When publishers offer you a book contract (and “book” is very inadequate term to convey what they want), they are purchasing your permission to own exclusive sales, distribution, territorial, and publishing rights to your material. Publishing rights means they have all control over the printing of your work, whether on paper with ink, whether in audible voice, whether in dramatic presentation, whether in workbook form, whether in electronic medium – or in any other medium that exists now or will in the future exist in all the universe. And so forth. (Get the idea?)

But YOU will still own the copyright. It is your intellectual property. You just can’t do anything with that property. Unless you reserve certain rights, you no longer are allowed to do anything with your material that is not allowed by your publisher. If you want to donate three chapters to your church for a ministry booklet, that’s fine – if and only if it’s fine with the publisher.

One of the classic historic battles between writers and publishers was over copyright ownership. Even into the 1990s many boilerplate contracts indicated that the publisher was acquiring ownership of the copyright and that the book would be copyrighted in the publisher’s name. That battle is mostly over, with most publishers agreeing to register a book with the U.S. Copyright Office (or the country of origin) in the author’s name.

But I thought I didn’t have to do anything to copyright my work? Why would a publisher go to the trouble?

There are some smaller publishers who actually don’t go to the trouble and in most cases, it won’t be a big deal. It won’t change the legal standing to the work. But registering the material is an action that conveys a publisher is going to protect the copyright, which is a huge issue.

Protecting copyright is the source of much acrimony and confusion in the world. As an example, I lived in a city where a local high school copied a university’s trademarked logo (a trademark is different than a copyright, but you get the idea) for their football helmets. The university, after learning of the violation after several years of use, issued a cease and desist letter. The moral outrage and outcry by supporters of the high school team was loud and sometimes vicious – and wrong. If the university had not protected their trademark in this instance, they would lose the ability to control something essential to their identity and possibly lose millions of dollars in licensing fees in the future.

Does that mean you can’t let others use your material? Of course not, but I wouldn’t recommend it without requiring proper attribution, including the (c) designation with your name. In a church bulletin? Yes. As a chapter in someone else’s book? Definitely. If you don’t protect it that way, why would a publisher offer you money for it at a later date? Be generous all you want, but be consistent in protecting your ownership.

Bible publishers have done a good job of granting generous permission for authors and organizations to use the material from their translation, in many cases at no charge, but always with the requirement of proper attribution and copyright notification. Outside of the King James and a few other public domain translations, there will be specific guidelines set forth in the front matter of your Bible or on the publisher’s website. Check it out as a good case study.

There are a host of subplots surrounding the topic of copyright. I’ve already mentioned Fair Use, which deserves its own blog and is still too slippery to nail down. There are subrights issues, international and U.S. differences on the term of a copyright, tricks for extending copyright beyond its expiration date, review rights, Work Made for Hire issues, serial rights, and other nuances. This blog is in no way exhaustive, but is at least highlighting one simple application for you as an aspiring published author: protect your property.

How? You don’t have to put (c) Your Name on all your work. But why not do so anyway as an initial precaution. Make sure you establish when you created your work in case someone claims that you borrowed or stole from them. Let others enjoy and use your work before you are able to turn it into a payday, but only with proper attribution and notification – and any other conditions you would want to stipulate. And when you have a publisher ready to buy your work, make sure you understand exactly what you are selling. If you are a new author, the publisher is going to want to buy all rights from you to make sure he or she can “exploit” those rights in any way necessary to make your deal profitable for both parties. (Exploit sounds awful but it’s not a bad word in this context!)

The small things can save you big problems later. If you think disagreements over physical property gets brutal, wait until you see a fight over something that is a product of the mind!

Do I Need An Agent to Sell My Book Proposal?

Q: Do I Need An Agent to Sell My Book Proposal?

A: It depends.

Do I need an agent to get a book project sold?

Do I need an agent?!

This is almost like me asking you if I need a realtor to sell my house. Okay, in light of the current housing market, that might not be a very nice parallel. But then again, a quick look at the publishing industry might make that comparison even more apt. But back to the question and topic.

In the “old days” of publishing, let’s say prior to 1990, there was a common publishing phrase that referred to an unsolicited manuscript that was sent to a publisher as something that “came in over the transom.” (A transom is literally a hinged window over a door. Think of the book return slot at a library.) In other words, a writer sent in his or her manuscript to a mail drop, which then ended up in one of several 4-foot high stacks in a junior editor’s office, and which after six or seven months of collecting dust was either rejected with a form letter – or voila, it got discovered and published. One way many publishing companies handled submissions that came over the transom was to hire college interns to sift through hundreds or thousands of manuscripts over summer break and separate the winners from the losers.

Many publishers were still leery of agents in the mid-90s. (Many still are.) Since acquisitions is the lifeblood of publishing, they preferred to take the initiative and go find someone with a marketing platform to promote their own work; if that person couldn’t write, the publisher would help them write it with a ghost writer or collaborator. If an author didn’t have a platform but had exceptional verifiable credentials – for example a professor at a university with a reputation for expertise in a particular discipline – the publisher would still take the initiative. Both of these and many other scenarios still happen all the time but even when the publisher is responsible for basic ideation, it is more common to work deals through an agent. And next to never over the transom.

The worry for publishers back in the “old days” was that once an agent was involved, he or she would demand too much money up front as an advance and too much in royalty rates and thus damage the economies of publishing. (Okay, the publishers were right on this point for many deals.) But even with that concern, sometime in the mid and late 90s, agents went from being a luxury for big name authors who wanted to sell projects to one of the big publishing companies, to a near necessity for almost all writers interested in placing a project with almost any size publishing house.

Today, many publishers will no longer receive unsolicited manuscripts from authors. They prefer and require agent involvement. In a sense, the agent, for many publishing companies, has become a way to streamline the acquisitions process – and maybe even reduce head count. (In other words, the agent has become the primary acquisitions editor for a lot of publishers.) The hardcore, full time, certified agent – and yes, there are many former editors and other publishing staffers who moonlight at agenting – earns his or her commission (more often 15%, up from 10% even a decade ago), along with a trustworthy reputation that opens doors to a variety of acquisitions editors and publishers, by carefully screening authors and projects and vouching to the publisher that the author can deliver both great material and can help market it.

What does this mean for the aspiring author? It means that finding an agent who will represent your work can feel – and be – as hard as selling the project.

So, do you need an agent? The answer is YES, if …

1. You don’t have inside connections with one or more publishers who are already disposed to buying a project from you.

2. You haven’t been approached by a publisher to write a project, which is a dream come true for anyone who has toiled with speculative work (you still might be better off with an agent if the deal seems fishy in some way).

3. You don’t have a large established platform (connection to a well defined audience that is motivated to buy from you) whereby you can guarantee a certain number of sales. (Some publishers will make a deal with this kind of author if the author commits to buying X number of copies, which becomes part of the contract. Some authors, particularly if they speak to large audiences, will then determine that they’ll make more money self-publishing.)

4. You want to be with a larger publisher (not necessarily the right option for every author or project) that will present your work to bookstores and other retailers. (I have a friend who has sold more than 1 million copies of his self-published book. He still feels dissatisfaction because the books he published with big time publishers did not do well in the trade.)

5. You have a big idea and a big audience that loves you, but don’t know the first thing about book publishing and aren’t really fond of writing.

That list isn’t close to being exhaustive and even if you can turn each point around and answer it conversely, you still may not need or want an agent. And acquiring the services of a well connected agent who really believes in your work is no guarantee that your work will be purchased by a publisher at all, much less at terms that feel reasonable to you. Plus, today there are many more professional quality self-publishing options available to the aspiring author. (Click here for my blog on whether self-publishing is for you.)

So do you need an agent? Unless you have the ways and means to sell a self-published work or have incredible connections within the publishing community, the answer is undoubtedly yes.

Q: Why Won’t a Publisher Read My Manuscript in a Timely Fashion?!

Q: Why won’t a publisher read my manuscript in a timely fashion?!

A: A better question might be this: Why should he or she give two or three hours in his or busy schedule to pore over what you’ve written in the first place?

Let’s start with the simple reality that most of the publishing world is situated in a low demand, high supply section of the supply-demand curve. That means publishers must deal with the fact that we publish more books than there are interested readers. You, the writer, are likewise part of a supply group that is sending more manuscripts than a publisher has demand for in his or her world of limited open slots.


Note that the third variable in the SD Curve is Price. High supply + low demand = low price. Price, for you the aspiring author, is the publisher’s motivation to read your manuscript. Don’t get mad that the price you can charge is low, just understand it and do what you can to change something on the graph. Incidentally, I know a lot of publishers and acquisitions editors who are very nice people and would love nothing more than to encourage and help you. Those who spend a lot of time doing this, however, tend to be ex-publishers and ex-acquisitions editors. It doesn’t pay the bills nor justify the salary.

Publishers aren’t looking for more manuscripts to review but we’ve got to publish something, so unless we have a strong cadre of proven authors signed to long term deals we do want to read the right ones. (See my blog on whether you need an agent to round this discussion out.) What makes a manuscript the right manuscript? Bottom line: It offers something unique and compelling to a well defined audience. If you can’t articulate in a sentence or two what makes your book special for a group of readers that the publisher has some history or means of reaching, then an acquisition specialist probably won’t sort through your material to help develop your “elevator speech” with you. Let’s break down the components of the sentence that is set in bold face.

1. Articulate: Is your sales pitch as well articulated as your manuscript? (Both are well written, right?)

2. In a sentence or two: When you skim book shelves or magazine contents or advertisements or any other message, how long do you give it to catch your attention? Five seconds? I doubt it. Why would you expect a publisher to be any different than you, particularly since he or she knows that the finished book will have the same requirement to nab attention in a second or two put on it by consumers. Hint: There’s something that goes on the cover of a book that serves as the best sales pitch available. (I’ll address titling and subtitling in a future blog.)

3. What makes your book special: If you have quoted someone else’s work in every chapter, there’s a good chance your book is not needed. If you haven’t created something with a new angle, a new discovery, a new application, a new character, a new anything that is important and compelling – why bother?

4. For a group of readers: Chances are your book idea will not appeal to everybody. So bold assertions that millions will want to pick up this book is a real turn off and indication you haven’t thought through who will actually take the time to look your book over and purchase it. Better to be honest about the size of the group that your book appeals to.

5. That the publisher has some history or means of reaching: Textbook publishers don’t effectively market to fiction readers and fiction publishers don’t do a good job of marketing to preachers and ministry publishers don’t tend to reach romance enthusiasts and so on! When you determine who to send your manuscript to, make sure that the publisher has published comparable titles.

This Q/A is as philosophical as it is practical. It’s about helping you measure your expectations and understand why the process is frustrating without getting to frustrated. I’ll come back to the major points of a good book publishing proposal (because whether or not you hire an agent, you’re going to be the one who has to write it!), which will have significant overlap.

Okay, back on topic. Why won’t a publisher just read your manuscript and proposal? Don’t blame him or her. You haven’t yet articulated a concise and compelling reason to do so.