Social media and I have a love/hate relationship. You might have noticed that over the years. My main concern with social media is that advice given is often wrong or incomplete. Many people fall victim to misinformation and disinformation daily. When it happens in a way that can lead to legal trouble for people who believe it, I get particularly incensed.
Recently, a know-it-all writer on Twitter (“X” if ya’ nasty) was giving out “advice” to the Writing Community at large. However, a lot of the advice was subjective opinions or half-truths as opposed to experience and facts. One piece of advice could have even led to legal trouble for authors who followed it.
Now, this is not a step-by-step guide to navigating the potential pitfalls of self-publishing. However, these are a few solid tips to keep you from putting your foot in it. Most importantly – I advise all authors, if they can afford, it to consult an intellectual property attorney if they have questions. You do not want to make mistakes that can cost you thousands of dollars (or more) and a ruined reputation.
Additionally, what I have written here applies to the laws and rules of the United States. Things vary from country to country, so always consult with an attorney familiar with the laws of the land in which you publish. Also, remember that any license/contract you enter into can supersede some laws depending on the situation.
Having said that…
Fonts and pictures
If you want to use a picture you found online for your book (cover or interior), or to promote your work, you will need to find out if it is free for commercial use. If it is not, you will need to pay a licensing fee if the owner allows it. Otherwise, that is intellectual property theft and you can be sued. If you took the picture, often you can use it however you wish. However, if it contains certain buildings, other intellectual property, or a public figure, this may not be the case. Proceed with caution when using photos you took.
Fonts can be–and often are–intellectual property. Someone actually designed the font you are using. Many are free for commercial use (such as Times New Roman and Garmond–that’s why they’re so commonly used), but others may need to be licensed if you want to use them. There’s a reason that Amazon has a limited selection of fonts that will be displayed in their self-published Kindle books. They don’t want to pay a licensing fee for every book published on their site. A website I use often is 1001fonts.com – and there are TONS of fonts free for commercial use. Just make sure to check the licensing information on the font before using it willy-nilly. You can be sued if you use fonts not free for commercial use if you don’t pay the licensing fee.
Fun fact – did you know what we refer to as “fonts” such as Times New Room, Garamond, etc. are actually “typefaces?” “Font” refers to variation in style, such as italics, bold, underline, etc. Now you know!
Music
Music, even little instrumental ditties – can be, and often is, intellectual property that you have to license. If you want to use music or other sound bites in your promotional materials, you will have to find out if it needs to be licensed. Otherwise…you can be sued.
Song Lyrics
You cannot use song lyrics in your book. Even a snippet of the song lyrics. This is intellectual property. If you use song lyrics without paying a licensing fee (after getting permission), you will be sued. This includes a brief song lyric on your dedication page. This also includes poems, passages from other books, etc. that you have not gotten permission to use. In some instances, brief quotes from other literary works are acceptable if it does not “take from the essence” of the original work. However, unless you’re sure, don’t do that, either. You can, however, mention song titles. For example, mentioning that a character was listening to “Teenage Dream” by Katy Perry on the radio is perfectly acceptable. Some authors avoid this for fear it will “date” their work, but that’s a subjective opinion and you are free to take whichever side you like–but don’t tell others (especially readers) how they are supposed to feel about it.
Brand Names
It is perfectly acceptable to mention brand names in your work–but DO NOT include pictures of logos or other intellectual property anywhere in your book. Keep in mind that some brands, such as Coca-Cola, Ford, Chanel, Dior, Levi’s, and Tim Horton’s are “evergreen.” They’ve been around for at least 50 years and show no signs of going away, so mentioning them will not “date” your work. However, if you mention Blackberry, it means your book took place during very a very specific time period. I suggest that if you are going to mention brands in your work, choose those that have been around for at least 50 years and are entrenched in the culture of the location in which your book is set.
Licensed Photos of Public Figures/Celebrities
Many people think that licensing a photo to use it is enough. However, when it comes to celebrities (actors, musicians, etc.), sometimes a license is not good enough to use the photo for commercial purposes. Just because you licensed a photo for use on a site does not mean you can slap it on a book cover or its interior (or use it for promotional material). This is because it can give the illusion that this person endorses your work. Always check your licenses to see exactly how you’re allowed to use it. Many public figures, such as the president of the United States, do not have their likeness protected in this way, but it is always best to check with an attorney before using these photos. None of us wants to be sued by a public figure with tons of money to hire the best lawyers.
A License Isn’t a Shield
Don’t just pay for a license – READ IT. Did you know that on Depositphotos (a popular photo licensing site) that there is a limit to how many times a photo can be used? For example, if you use one of the photos on your book cover, if you sell more than 500,000 books, you will need to purchase an Extended License. While a Standard License will cover most of us (we all DREAM of selling 500,000 copies of one book), there are instances where you need to update or expand your license. Make sure you read your license, understand it, and abide by the outlines of it. Otherwise…guess what? You can be sued.
Public Domain – “Free for Commercial Use”
Many of you may see the term “public domain” mentioned. This term describes intellectual property that has aged out of the laws and statutes that protect it from being used by anyone other than the owner of the intellectual property. For example, Winnie the Pooh recently became public domain! That’s right! You can put Winnie the Pooh in your story…if you want. Shakespeare is public domain. Public Domain and Free for Commercial Use are similar in that if a piece of intellectual property is labeled this way, you should be able to use it without fear. This means that no one owns the property any longer and it has become public property–or the owner/creator is graciously providing it for public use. However, use caution here as well. When in doubt…talk to an attorney or get an agreement in writing from the creator/owner.
The most important thing I can tell other writers is to use good judgment and morals. Don’t use something somebody else created unless you’re sure that it is allowed for the way you plan to use it. Be kind–don’t steal from others. Consider how you would feel if someone took your book, slapped their name on it, and sold it as their own, then pocketed all the proceeds. If it doesn’t feel right, don’t do it. And always, always, always, get advice from professionals when things seem unclear.
Tremendous Love & Thanks,
Chase Connor
Chase Connor Books 