Artists, Photographers, and Writers, Wake Up!

I had planned to post several stories here tonight. That's right, several. I'm sorry to say that instead I am posting a warning about new idiocy contemplated by the United States Congress, idiocy that may deter me from ever posting a story again. Very quietly, something called the "Orphan Works Act" has been prepared to modify the Copyright laws.

Note that even if you live outside the United States, this would make it easier for a US citizen or corporation to pirate your work. It is also intended, in the arrogant plans of the US Copyright Office, to serve as a "model" for other countries dealing with the same problems.

I hate to tell my faithful readers this, but if it passes, I will be taking down many of the posts on this blog. I may take them down in anticipation of its passing. I hate to punish you, my honest readers, but like many other creative people who are already aware of this, I do not feel with such a law hanging over my head it is safe for me to share my work as I have done in the past.

Google that term, and read the details on this proposed law. If a work could truly be established as orphaned, something its creator had lost all interest in, I wouldn't mind the law. Owners of old photographs who want to get them retouched, but can't find the original photographer? There should be a way they can get their photos fixed up legally.

What concerns me is the vague legal language corporate interests have managed to get inserted. I learned, a few years ago, that the real lawmaking isn't even done in Congress any more. Those idiots just rubberstamp ill advised invitations to disaster, then, regulations are drawn up to define what the laws 'mean' by their vague language. That is when the real damage happens.

In this case, major corporations that would just love to steal intellectual property such as artwork, photographs, and writing at low cost, or get their hands on works the creator won't sell to them at any price, now have a great loophole. They only have to make "reasonable" efforts to find the copyright owner. So long as they follow "best practices" whose definition they can influence, they won't be breaking the law.

In addition, they have armies of high powered lawyers on constant retainer: with loopholes like this for their corporate sharks to rip through, no copyright holder who has to struggle to afford a lawyer at all will ever stand a chance against them. On one forum, an artist is calling for all artists, photographers, and writers, and the businesses that depend on them, to organise a day, 24 hours, of international protest against this proposed travesty of a law.

What would we do to protest? Take down all creative content, replacing it with a statement: "This is what the Internet will look like if corporate interests have their way, and the Orphan Works Act is passed in the US Congress. If you don't like it, call your congresscritter now." I hope we can pull something like that together. If you think that is a good idea, you have my permission to reprint this post, in its entirety, or write your own post and link to this one.

One final note: the Copyright Office endorses this invasion of our rights in a snarky statement that implies copyright is somehow a privilege. Let's go further, and seek our natural rights. If a carpenter works on a table, is it not his to dispose of as he wishes? We work on our creations - they are ours. It is no privilege to say we own them. Let's seek full legal status with every other person who works for themselves, and has the right to keep the product of their labours, or to part with it on terms they choose.

Notes On Wake Up, Little Susie

I wanted to write a story for the This Post Blows My Dress Up Contest. I dreamed up a few ideas in my head, but for some reason I don't understand, the song Wake Up, Little Susie kept coming into my head. There is nothing scary in this song, so why I got the idea this couple would be scared silly I can't say. A writer's mind is an odd thing...

Once I gave into the idea, I knew the classic "killer with a hook" tale had to be a part of the scare. But that didn't seem enough. So, in giving into a silly story, letting themselves be spooked, Ralph and Susie ended up in a situation where they received a much more real scare. Still, they gained something as well, I think, besides hard-won wisdom.

Fitting in an incident that reflects the title of the contest was a whimsy of mine, one I'd considered even before I had the final idea for this story. It just fit naturally into the second incident. All in all, it makes for an odd story, especially with the final bit of humour at the end. I did try to stay true to the spirit of the song, although no doubt most readers will note the many liberties I took with the details.

Which raises another question. Once I wrote this, I was forced to ponder the issue of whether what I had was a "derivative work", one I could not legally post without permission from the Copyright owners of the original song. I concluded that this was an original work, for several reasons. First, I did take many liberties with the details. The song suggests they'd dated before: "we goofed again". The story makes it fairly clear (I hope) that, although Ralph is in love with Susie, this is their first date.

The song includes no such adventures, and the major plot device of the song, falling asleep during a boring movie, is a very minor plot point here, used just to set up the real plot. Finally, I could change the title, remove the last line, and cut the reference to four o'clock, make no other changes, and any relation to the song would be unclear, while I'd still have much the same story. I'd lose only the humourous line at the very end, and the resonance the song lends the story.

And, yes, it's a crazy story, hardly a contest winner. Still, it was fun, and I hope a few of you reading the contest entries found it fun. If so, that's enough.

For Writers

I have two announcements of possible interest to the writers who read this blog. The first concerns an interesting contest the extremely talented DBA Lehane is holding. The details are on his blog, Short Short Fiction. His blog post provides the links to the actual site where the contest is being held. Note that the deadline has been extended; there is a notice on the site hosting the contest. I encourage anyone who can come up with a good story meeting the requirements of the competition to enter.

Also, I have a few minor resources to share with any writers who are interested. Since blogs aren't set up for downloading files directly (and I could probably set up a link to remotely download the files, but I'd be forever tweaking it) just visit my public E-Snips folder, Writers Helps. Everything there is free.

There is a sample of one of Holly Lisle's books, the Create a Plot Clinic; as I already mentioned, I have become an affiliate of her shop. In this case, you don't have to rely on my judgment (and writers are different, so even a book I found helpful might not be for you). Download the sample and look it over. If it doesn't look helpful, all you'll have wasted was a bit of time reading. If you do find it helpful, pass the sample along to a friend once you get the full copy.

There is also a character creation checklist I made up a while ago. If you use that kind of thing, it might help you. It is free, and you can make as many copies as you like for yourself; all I ask, if you want to share, is that you point your friends to the Writers Helps folder. There is also a PDF for a very experimental form of manuscript paper I designed. That probably won't be right for many of you, but if it is, enjoy it!