Scrabble Tiles

Getting copyright right

Copyright law - the rules that apply to the use of your own or someone else's created material - is complex. But for creators, including editors and writers, it's valuable, and an understanding of how copyright works is vital.

But where do you get that understanding? Law degrees deliver whole subjects about this topic, so there must be a lot to know. Copyright law changes from time to time, and it also varies from country to country.

The good news for writers and editors is that you don't need to be an expert in copyright law. You do need to understand the basics, and you do need to know where to go for advice and guidance.

But a whole law degree is not necessary for you to do what you do. (Phew!)

What even is copyright?

Copyright is designed to protect the rights of creators, so that their ability to make a living from their creative work is not compromised.

The basic idea is that:

  • you generally cannot use someone else's creative work for your own purposes without seeking permission
  • but there are a limited set of reasons ('exceptions') that allow you to do so.

So if you're writing a book, an article or anything for a readership and you decide to include a few words from a song, a few lines from a poem, a statement of fact from another book, a photo you didn't take yourself - indeed, anything that someone else wrote or made - you need an alarm bell to go off in your head.

'Woah, this isn't mine. Can I use it?'

Help with copyright

So where do you turn after the alarm has rung? Good news: there are organisations whose entire mission in life is to help people understand copyright.

(I'm an Australian editor, writing in Australia, so I'll focus here on Australian resources.)

My go-to favourite for advice and guidance on copyright in Australia is the Copyright Council. They maintain an extensive (and free!) library of downloadable information sheets on every aspect of copyright you could think of. They also publish handbooks on key topics and you can purchase those through the website.

The reason I love the Copyright Council's publications is that they are sooooo readable! They've taken complex matters of law and turned them into clear, accessible, understandable information for the layperson.

The other people you should know about is ArtsLaw, the national community legal centre for the arts in Australia. ArtsLaw have free information sheets online, too, in their Information Hub, but they also offer a couple of legal advice services for eligible arts practitioners, for a fee.

(You may need to subscribe or join ArtsLaw to get the most benefit from their resources, but if you're a serious writer, that could be a good thing. For example, you can also buy adaptable templates for contracts, confidentiality agreements and website terms of use, among others.)

Legal eagles

As an editor, I make sure to tell my authors that I am not a lawyer, I am not qualified to provide legal advice, and my recommendations do not constitute legal advice.

The extent of my responsibility in relation to copyright, as the Australian standards for editing practice (2nd ed, 2013, section A4) says, is to have knowledge of copyright requirements and what implications they could have on a publication and to flag anything I think the authors should seek professional legal advice on.

In short: to be really sure that you're not breaching copyright law, ask a lawyer.

Copyright wrongs

If something is complex, it can easily be misunderstood - and that goes for copyright, too. How many of these incorrect copyright 'facts' have you heard?

  • "Anything on the internet is in the public domain." (Wrong.)
  • "I'm only using a few lines/words, so it's okay." (Not necessarily.)
  • "It's been over 70 years since it was published, so it's out of copyright now." (Not for writings.)
  • "I see that image on T-shirts all the time, so anyone must be able to use it." (That's not how it works.)

Your homework is to head over to the Copyright Council and ArtsLaw websites and fact-check these claims! Let me know what you decide.

Study Books Open With Pencils

What is 'editing'?

If I asked you what I do as an editor, what would you say? I find that the term 'editing' holds different meanings for different people: from 'someone taking over your writing' to 'finding any typos'.

Neither is the truth. Well, yes, I do look for typos. But I can do much more than that - depending on what your purpose for your writing is, what editing you decide to have done, and maybe how much your budget is for doing it.

Let me assure you that I don't 'take over your writing'! And no other editor should, either. I'm here to support you in achieving your communication goals. So once I know what those are, we can work together to achieve them. It's your book (or website, or brochure, or ...)!

Different types of text editing

So, let me tell you about the different editing tools than can be used to make your message matter.

Developmental and structural editing

These are bigger-picture tools that ensure the work has the most appropriate overall structure for its purpose, that its length and focus are suitable, that its story or argument is flowing and logical, and that the way all its parts are arranged is the best for reaching and engaging its audience or readership.

Developmental editing usually applies to book manuscripts, particularly fiction, but the concept can be used on any writing project, really. It refers to the collaboration between an editor and an author to help the plotline, characters and story (or, in non-fiction, the subject and its delivery) 'develop' into the best possible draft, ready for further editing.

Structural editing will look at the whole work's cohesion, accessibility and navigation to make sure the reader will be able to 'get into' the text and connect with it. It looks at the logical flow of the information or story, the balance between any chapters or sections, and the overall pace of the piece. This tool works equally well on shorter texts (like brochures, newsletters, feature articles) and book manuscripts. It's also a key step in developing web content.

Copyediting and line editing

These involve a detailed review of the language, form and grammar in the document to find and correct typographical errors, lapses in appropriate grammar or word usage, spelling mistakes, text misalignment, errors in number format or punctuation, general factual inaccuracies and style inconsistencies.

The two terms are often used interchangeably in Australia, but there is a slight difference. Line editing works at sentence and paragraph level and looks at word order, sentence structure, tense and voice. Copyediting works at word level and covers errors and inconsistencies in spelling, punctuation, factual accuracy, styling, spacing and layout.

Proofreading

This is the very last check of documents, manuscripts, web content or page proofs prior to publication or distribution. Proofreading can involve checking the page layout, page order and numbering, chapter or section numbering and titling, positioning of elements, heading levels and other formatting, and making sure that earlier edits have been accurately incorporated. For a web page or other screen publication, it will also cover checking links, metadata, navigation and other functionalities.

Sidenote: proofreading is not copyediting! Proofreading is a quality control step, copyediting is a polishing step. If your manuscript, website or document has not yet been professionally copyedited, proofreading will not be what's needed to deliver an engaging, professionally written text. If you're thinking of requesting a proofread, let's chat about what exactly you want to achieve in that step: it might be more useful for you to book a copyedit.

The order of things

I've explained these editing levels in the order they're done, but you may not need (or have the budget for) all of them.

It's a bit like a restaurant menu: it can still be a good experience if you only choose a main course, but if you can have an entrée and dessert as well, it will make the meal something special!

A professional editor will talk with you about your writing project's purpose, budget and audience before advising what would be the best options. And it's up to you what you choose from those options.

So don't be afraid to find out exactly how editing can make your message matter.