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7 Tips for Using Copyrighted Material in Your Book

Janica Smith — Tue, 10 Jan 2012 06:17:59 +0000

“Can’t I quote someone if I just give them credit?” This is an often-asked question from authors. I think a lot of confusion comes from past experiences in academic writing. When you write a research paper in school it is expected that you will quote other people’s ideas and the requirement is to give credit in either a footnote or bibliography. It is completely different when you use those same quotes in a commercial endeavor. And if you intend to sell your book, it is most definitely a commercial endeavor.

I wish I could give you a clear checklist that would tell you whether or not any given material is protected by copyright and requires permission. Some things are more straightforward than others but, unfortunately, there is no clear black and white when it comes to copyright law. I recently listened to a teleseminar presented by a couple of attorneys who specialize in Intellectual Property Law in the hopes of learning the magic formula. My major take-away from the call was that you can expect to spend a great deal of money in attorney fees if you are challenged on copyright infringement and won’t really know what to expect until the verdict is rendered! Given that uncertainty, the best advice is to steer clear of including any materials that you don’t have specific permission to use.

There are several things you should do to assure you have taken all the necessary steps to obtain permission.

Start early. Don’t wait until the end of your writing process to begin the request for permission. As soon as you decide you would like to use material that is not originally yours you should start the process to obtain permission. Sometimes the path to find the true owner of the copyright is not as simple as it may seem. It is quite perilous to move into production if you haven’t acquired all the required permissions so waiting to hear back could stall the release of your book.
Consider a “Plan B” as backup. It is not a guarantee that you will be granted permission to use the material. Sometimes the answer is a flat no. Other times, permissions are offered for a fee and you may decide that the fee is outside your budget. It is good to start from the beginning with an idea of how you might convey the concept without the use of the copyrighted materials.
Don’t assume that you can just paraphrase to get around having permission. If you change a word here and there or the order of a sentence or two won’t make it original material. If you take a long piece and summarize it in an original paragraph you won’t have to get permission.
Get it in writing. You may have a relationship with some of the people you need permission from, either colleagues or friends. The request for permission may be quite informal and the response could be a simple “Sure! I’d love to be included in your book.” It is important that you have documented permission from every copyright holder — you never know when a relationship could sour or the copyright could be passed on to another person via the sale of a business that includes intellectual property or inheritance.
Have a clear system in place. This is an area that an Author’s Virtual Assistant can definitely help. We maintain a spreadsheet of all permissions needed and follow up with the owners until we have the documentation in hand. Just remember that having permission and having it documented will do you no good if you are unable to produce the documentation if needed.
Just because the original author is dead doesn’t mean you don’t need permission. The copyright lasts until the author’s death + 70 years — that’s a long time! Tracking down copyright owners can sometimes be an interesting venture into genealogy.
Don’t assume that something that is common is not copyrighted. My favorite example of this–the song “Happy Birthday” is still protected by copyright. The next time you hear it sung in a movie, watch for the credits and you’ll see the original authors, Mildred and Patty Hill credited and you can be assured the producer paid a royalty to use it. That’s why you will hear a different ditty usually sung at a restaurant when the waiters come out to embarrass the birthday honoree with cake and song. Technically, if they sing that traditional version they owe the copyright holder a royalty.

Gifts for Authors (and Aspiring Authors)

Janica Smith — Wed, 21 Dec 2011 16:56:47 +0000

If you are looking for some last minute gift ideas or stocking stuffers for aspiring writers and/or speakers I have a few ideas for you.

For writers or aspiring writers you might try:

Moleskine Ruled Notebooks — this is a great little all notebook with a beautiful look and feel. You can get them in several sizes but I recommend a smaller version that can easily be tucked into a purse or pocket. It’s a great way to capture ideas wherever you are when inspiration strikes.
Post-it Notes Super Sticky Pads — this seems as if everyone has them but if you haven’t tried the super sticky pads you’ll love these. Writers can use these to put ideas and concepts or even entire phrases on a note and then rearrange them on a large wall to get ideas about how to structure a book.
A selection of great pens in multi-color inks — nothing helps inspire me like an easy writing pen and some color for creativity.
A subscription to The Writer Magazine — This is a magazine that is full of features to help improve writing, keep abreast of literary markets and lots of tips from famous authors. I enjoy every issue! www.writermag.com
Stephen King’s book On Writing – this is a great book about writing by a very successful writer. The first half of the book is autobiographical and very inspirational as you learn that everything a writer goes through is useful to his writing. The second half is full of practical advice on writing.
The Artist’s Way by Julia Cameron – This book is a step by step process for exploring, examining and unblocking creativity. Questions and exercises along with short essays on the journey of the artist will remind the reader of the creativity that is always available to them.
The Elements of Style – Strunk & White — this is a quintessential reference book for writers, right up there with a thesaurus and a dictionary. One of my favorite parts is an entire chapter of alphabetical listing of commonly misused words and expressions.
Evernote – While the free version is certainly useful, a yearly premium subscription at $45 for the year is a great gift. Writers can use this tool to organize and record thoughts as well as record business records and the premium version offers even more features and flexibility.
Time away — If you really want to splurge, give a writer a gift of time and solitude. A gift certificate for a long weekend at a bed and breakfast or even a local hotel for a “writer’s retreat” where there are no interruptions would be an outstanding gift.

Making a List and Checking it Twice …

Janica Smith — Tue, 29 Nov 2011 20:08:02 +0000

‘Tis the season! The season of joy. The season of light. The season of giving. But for many people, it is also the season of overwhelm.

This is the time of year that we all have many pulls on our time and our attention. As the year winds down I have many business commitments that will drive me to accomplishing my goals for the year. But I also have many family events to plan for and attend. (Have I mentioned that my son is getting married on December 30?)

So how do you keep track of all the things you need to do, all the gifts you need to buy and still fit in the things that make this a season of joy? For me, I take a page out of Santa’s play-book—I make lists!

This is something that comes naturally to me in my business. I juggle many different timelines and priority lists between my clients. But when it comes to my personal life, I tend to “work on the fly” and take care of the most pressing needs while sometimes missing out on the things that will really enrich my life. So I’m going to be more purposeful—more intentional—in my approach to December this year.

I’m dedicating time on my calendar on Thursday, December 1st, to make my lists. Here are some of the lists I’ll be making and checking twice this season:

Calendar — In addition to parties and other appointments I will be scheduling in time for the things that make the holidays special for me including making time to trim the tree with my husband, a visit to the Austin Zilker Christmas Tree with my grandkids, and an evening driving around to see the most spectacular light displays in town.
Sizes List — I keep an ongoing list of clothing and shoe sizes of all my family members. It requires regular updating for my growing grandkids but it helps reduce returns. I can also send it to other family members who may need it.
Gifts Ideas & Plan— This list will help keep me focused on my intention to make the holidays more family centered and less about things. I will be emphasizing quality over quantity in my gift-giving this year.
Purchased/Wrapped List — I started keeping this list a few years ago after I forgot to give some of the gifts I purchased. This list can also come in handy if a gift needs to be returned—I add a column for the store the gift was purchased and keep ALL my receipts in a single envelope.
Personal TO DO List — Keeping an ongoing list will help me to be more efficient and more prepared to hand off tasks when my husband offers to help. I designate errands on this list with a star so I can group those together to save time and gas.
NOT TO DO List — This is at least as important as the “To Do” list. Sometimes I need to remind myself of the things I will be saying “no” to this year.
My own Wish List — I seem to always find things I’d love to have when I am shopping. Adding them to this list makes Santa’s job much easier.

There are lots of tools to keep these lists ranging from smart-phone apps to good old fashioned pen and paper. Whatever tools you use, I hope you will join me in making lists to find more joy and steer clear of overwhelm.

The Power of Expressing Appreciation

Janica Smith — Tue, 22 Nov 2011 22:03:44 +0000

Since this is the week of Thanksgiving, I started to write this week’s blog about the things I am grateful for in my business. It was a pretty long list! I am blessed to have a thriving business at a time when many of my friends have lost their jobs. I love what I do and I love who I do it for. I have a strong sense that the work I do matters. In many ways I have achieved my ultimate “wish list” in my business.

I am very fortunate and very thankful to have clients who not only appreciate what I do for them but also make a point to tell me so often. I know that a word or gesture of thanks can lift my spirits on a day when I am feeling tired and always drives me to do more great work on their behalf. Appreciation really is the fuel in my tank.

My experience in receiving expressions of appreciation has made me acutely aware of the impact we all have on every person we come in contact with. The way we interact with each other truly matters. What a difference a kind word or a simple “thank you” can make.

The upcoming holiday season brings great joy to many people but it can also be a time of stress or even profound sadness. One of my favorite quotes is from Plato ~ “Be kind, for everyone you meet is fighting a hard battle.” You just never know what someone may be dealing with and the impact you can have. So I’m challenging myself to make a conscious effort to find things to appreciate about the people I encounter and to express that appreciation whenever possible. It may be the most powerful thing I can do to create the peace and joy I want to see in the world.

Fear of Diving In

Janica Smith — Tue, 15 Nov 2011 17:57:51 +0000

Sometimes you have to do the thing that scares you and just jump into the deep end of the pool.

I remember being a kid and wanting to jump off the high diving board at the local pool — it looked like so much fun but I wondered if I would ever have the courage to do it. Finally I got up the courage to give it a try. The first step was to simply go stand in line. The line got shorter and shorter and then it was my turn to climb the ladder. That ladder seemed to go on and on, climbing higher and higher. Funny, it didn’t look nearly as high from down on the ground.

Then I was standing on the end of the diving board and I was sure that everyone at the pool was looking at me. I was petrified to jump … did I mention that I’m afraid of heights? But it was even more scary to think about taking the “walk of shame” back down the ladder. So I did the thing that scared me — I jumped.

And I didn’t die! See, I grew up and am a grandmother now so I obviously didn’t die when my 10 year old self stepped off the edge of the board and jumped right into the deep end. I didn’t die, but I remember that I wasn’t particularly graceful and the water stung a bit when I hit … but I DIDN’T DIE!

So I’ve been working with authors for a few years now. It looks like so much fun when I see their pride in finishing up a manuscript or getting that first copy of their book in hand. I’ve been toying with the idea of writing a book myself and I feel like I’m a kid again standing in line to go off the high diving board.

I’ve recently been given the opportunity to participate in a book that is right up my alley — a book about using authorship to advance your business. And I said yes. So I’ve been climbing the ladder the last few days. So now I’m standing on the edge of the diving board of authorship. It took a lot of courage to climb that ladder as I’ve told some people I’m going to do it (and now I’m telling all of you!). It may not be literary genius and I’ll be depending on a good editor like I depended on the lifeguards that day at the pool but I’m going to jump!

So wish me luck — I’m expecting that I won’t die.

Is there a project you want to undertake that scares you? Feel free to use the comments to declare your intention and climb the ladder yourself.

Making it easy to schedule appointments

Janica Smith — Tue, 08 Nov 2011 00:57:56 +0000

I used to spend a significant amount of time scheduling appointments. It almost always required multiple emails resulting in what I recently heard referred to as “calendar battleship” — you know, the game that goes like this: “How about Monday at 2:00 my time/3:00 your time.” “MISS — How about Tuesday at 11:00 or Wednesday at 1:00″ “MISS — I could do Thursday at 8:30 or any time after 2:00 on Friday” Usually, about this time, one or both parties are ready to throw in the towel!

I am happy to report that I have all but eliminated that particular game from my work day by using an online scheduling service called TimeTrade. Last year I tried a similar service called Tungle.me but found that many of my less computer savvy clients found it difficult to use — which pretty much defeated the purpose for me.

I first encountered TimeTrade from the side of someone who wanted to schedule an appointment. My favorite headshot photographer Korey Howell uses it to schedule photography sessions. It was an exceptionally easy system to use even as a first timer. Korey sent me a link for the type of appointment I needed. I first chose between several available days and then was given the available time slots to choose from. After I picked my time I got an email that made it easy to save to my calendar along with some helpful tips from Korey about how to prepare for my session and what to wear.

It was such a positive experience from the customer side I decided to check into using it myself. I was thrilled to discover that it was surprisingly affordable — just $49 a YEAR. And while I liked it as a customer trying to schedule an appointment, I liked it from the service provider side even more. It allows me to set blocks of time I want to be available for different types of appointments with a separate link for each. So I can make one link available for 1 hour blocks for existing client and another link for 30 minute blocks for the free consultation I make available to people who want to explore my services. I even have another link for scheduling lunches. TimeTrade automatically syncs to my calendar so it removes times I schedule directly from the available times list.

This has made it much easier and less time consuming for me and those who want to book time with me. No more back and forth emails to try to discover matching availability. I have made it simple to schedule a complimentary strategy session with me by posting a link on my website and in my email signature. And because TimeTrade automatically sends reminder emails, I have significantly decreased cancellations and missed appointments. If you want to schedule a consultation with me you can see how it works — just click here.

If you are looking for some help with calendar management and appointment setting TimeTrade may be a good solution. It can free up more of your time or your assistant’s time to work on bigger projects.

Inspiration is Everywhere!

Janica Smith — Mon, 31 Oct 2011 09:20:16 +0000

One of the things my clients often ask when we talk about blogging is where to get ideas. Everyone can think of a handful of topics that they might write about, but what do you do when you have gone through your initial list of topics? I like to answer that question with a quote from one of my VA colleagues, Andrea Kalli. Andrea says, “Inspiration is everywhere!” And it is true.

I challenge you to play a little game with yourself. I call this game “That Could Be a Blog Post!” Try to see how many things you encounter in a 24 hour day that can become inspiration for a blog post. Make it fun and feel free to make loose associations (i.e., how making the bed in the morning is like cleaning out your email in box — you know it is going to fill back up but you do it anyway to enjoy the sense of order you have when it is newly cleaned out, or in the case of the bed, freshly made.) See how many things you can find that can trigger a potential blog post.

I think you will find that Andrea is right — inspiration is everywhere! If you are like me you are often struck by inspiration when going about your day but then when it is time to write find it hard to summon the muse. Which leads me to the next step in making this fruitful — find a way to capture those ideas when the light bulb goes off so you can remember them when it is time to write.

There are many possibilities, both high and low tech. I suggest that you find a couple that work for you. The key is to not get stuck on fleshing out the ideas but to just capture enough of them to remember in the future. It may be just the title of a post or an analogy you want to expound on (like the bed and the email box). Here are a few tools to use to capture those strokes of genius.

Keep a list in Word or Excel

Record a “note to self” using the voice recorder on your smart phone

Set up an email box — inspirations@yourdomain.com and email the ideas to it

Call and leave yourself a voice mail

Use a web-based system like JOTT or Evernote

Keep a small notebook in your purse/pocket/briefcase just for blogging inspirations

For those inspirations in the shower there is even a waterproof pad called AquaNotes!

Whatever your method of capturing ideas, just keep your eyes and your mind open and you’ll find that inspiration truly is everywhere!

Dropbox – A Solution to Many Problems

Janica Smith — Mon, 24 Oct 2011 21:48:10 +0000

Remember when you were in school and you carried that big 3-ring binder with you from class to class and back and forth from home? It contained all your notes and the papers you were working on. Remember the panic you felt when you realized that you left it at home and all your homework for the day was stuck back on your desk at home. Or maybe you were the parent who got the frantic phone call to bring it to school.

Other than the occasional problem of not having the information with you, it was a pretty simple system. You didn’t have to worry about whether or not you had the latest version of a document and you didn’t have to worry about making the change on the copy you had at home and the copy you had at school.

Fast forward to today. All that data is electronic now. But, if you are like me, you work in several different places. I have a desktop, a laptop, a smart phone and an iPad and then there’s my husband’s laptop that lives in the family room. I store files on a home server that is wirelessly networked. That was my solution to keeping all my documents synced so I always had the latest version available to me. But when I wasn’t at home I had a problem. I tried various solutions to remotely log in to my desktop to access files on my server but that was expensive and slow. Then I tried using a portable USB drive but it quickly became a challenge to know which was the most recent version of a file and to be sure that when I made a correction on one file I made it on all the versions of that file.

And then the clouds parted, the sun shone through and (cue the angelic chorus) AHHHH! I found Dropbox.

No more questions about syncing! Dropbox allows you have a single copy of all your files which you can access from anywhere since it stores your files on line (or in the cloud). You open an account and download the software to your various devices and it creates a folder that acts just like another drive on your computer. You store files in Dropbox and every time you make a change it syncs up with all the your other devices. The files are always available from the secure Dropbox website so you can access them from any computer that has a internet connection. Once you have Dropbox installed on a computer you can access the files off-line and if you make changes they will be automatically synced across all devices the next time you go on line.

It’s easy to share information using Dropbox too. Simply invite friends, family or teammates to a folder and it will be as if you saved the folder to their computers. This is a great feature if you work with a VA. Dropbox will keep all the files synced so they will see your changes and you will see theirs. You can invite people to have access to only some folders. You can even put a file into a “public” folder and send a link to that specific file to anyone even if they don’t have a Dropbox account.

What about safety? One of my initial concerns was security. Dropbox uses Secure Sockets Layer (SSL) and AES-256 bit encryption. (I’m not sure what all of that means but my security experts tell me that it is all good.) They also offer some security against “user error” — they keep a one-month history of your work and any changes can be undone and files can even be undeleted!

Sounds expensive – how much does it cost? This may be the best part of all! Dropbox has a FREE version with 2GB of storage. If you signup using this link: http://db.tt/voX0ckX you will get an extra 250 MB of bonus space and I will too. They have a premium account that is very affordable — $99/year will get you 50GB of space.

I’ve used it for sharing work files between my team members and our clients but I’ve also found some great uses in my family. I have a folder that we all share photos and my husband and I shared a folder when we planned our last vacation. I wish I’d had this resource when I was coordinating my PTA committees! How do you think Dropbox could simplify your life?

Is Perfectionism Sabotaging Your Success?

Janica Smith — Mon, 17 Oct 2011 18:42:10 +0000

I recently met someone (in real life) for the first time after following her for years and taking some of her courses online. This is someone I respect a great deal so it was a treat to finally meet her. I was excited to hear she had been looking for someone with my skill set to help her with a project and remembered me from the classes I’d taken.

I was even more excited when she told me she had actually been referred to me by someone I got to know at a recent conference — another person I have much respect for. I felt honored that these two dynamic women had actually had a discussion about me. But my excitement soon gave way to embarrassment when she told me she had visited my website and this blog and wondered if I was even still in business because it had been so long since I had posted an update.

Ouch!

I started to make excuses about how busy I am with client work and how I knew I needed to pay more attention to doing things for my own business that I do for my clients on a regular basis. But the truth of the matter is that I could make the time to post to my blog. And I am not at a loss for things I want to say to the world. The real truth is that I get stuck in perfectionism when I try to write. The fear of saying something that might not be extraordinarily eloquent or exceptionally profound or (heaven forbid) might have a grammatical or spelling error simply paralyzed me.

How many times have I quoted the saying “imperfect and done is better than perfect and unfinished” or the variation, “imperfect action trumps perfect inaction”? But my own need to be perfect has stopped me from sharing things I know could make an impact on my readers and clients. It was then and there that I realized that it was time to take my own advice and just do it!

So I’m making a commitment, a public pledge, to post to this blog on a regular basis going forward even if it isn’t perfect. In fact, you can almost be assured that there will be occasional mistakes made. And every post may not rock your world. But I hope you will find value in most of them and I’ll be reading them over for errors (probably more than really necessary) as I try to minimize mistakes. But they will be done — even if imperfect.

Question – Is there something you are waiting to do until you can be sure it is perfect? What might it cost you to wait? Do you want to join me in my quest to be perfect in my imperfection?

The Value of Time Away

Janica Smith — Sun, 20 Sep 2009 15:39:36 +0000

I recently returned from a blissful vacation to Kaua’i. I did something that was a little bit uncomfortable for me — I completely “unplugged”. I checked email and voicemails only occasionally for emergencies and because I spent time preparing to be away there were none. As an entreprenuer who works out of a home office I tend to do something involving my business every day, largely because I love what I do and often CHOOSE to do it. And because I work virtually, I tend to continue to work even when I am traveling.

But even those who love their work need to take some time away. I find that I am coming back to work with a sense of purpose and focus that has been sharpened during my down time. Looking at my business with fresh eyes has been a real opportunity to fine tune things.

How did I manage to take the time off? I planned for it and set up various back-ups including other VAs to handle things that might come up during my absence.

If you have been considering working with a VA you can add this to the list of benefits. Having a VA who can support you during times away will make it possible to have time away.