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Character Review — Velexio

Consider Velexio, One of My Original Characters

Who is Velexio?

I needed a true villain character for Untrustworthy. This was a character who would have exactly zero redeemable character traits. Enter Velexio.

Where Did Velexio Come From?

I realized I needed a villain for whom the reader could never possibly have any sympathy. Adger, at least, is someone doing things for love. Or at least lust. But not this guy. Nope. Never, ever this guy.

The Past is Prologue — Backstory for Velexio

While I do not really have a back story for him, my intent for 2022 NaNoWriMo (and possibly also 2023 NaNo, if I end up with too much material and not enough November), is to create a prequel story for this universe.

As a result, a lot of his motivation and history will come out in that prequel novella. But there isn’t a lot in Untrustworthy itself.

Description

Velexio, like all Cabossians, is bipedal, but his genitals are a part of his hands. Both men and women can get pregnant, and the main idea behind this society is what it prizes. Caboss only prizes fertility. Same-sex unions give rise to sterile offspring—and that simply will not do.

But he does not have to worry about any of that. His two fertile children neatly prove his virility.

And so he has no problem looking down his barely existent nose on the sterile members of the population.

Purpose/Theme/Motivation

When we first see him, he is already in a position of power. But as the timelines shift, so do his roles. However, he is never truly out of power or out of control.

Quotes

“Now, I do not have to tell you that things are rather dire indeed,” Velexio began. “The war is going rather badly, and we are definitely losing. Gentlemen and, uh, Tathrelle, we have been approached by the Cavirii about our terms for surrender.”

“Sir?” asked Tathrelle, “have they shown their faces yet? I know the people are most anxious to see what a real Cavirii looks like. There have been so many ridiculous rumors; I am sure no one really knows what to believe any more.”

“Uh, no, they haven’t,” Velexio said. He sighed. “I would like to speak without interruption now. It’s, it’s unfortunate, you see, for our Jacarollium mining operations have risen in efficiency to 26 percent.  We’d hoped to utilize it in our weaponry, but I am afraid that might not happen. And the percentage of steriles in the population is at 58 percent. All those potential soldiers! They could use that weaponry, I am sure of it. I, it’s rather troubling, and the people will understandably be alarmed.”

The general who was seated to the left of Tathrelle said, “It might mean rioting. We cannot have that. Order must be maintained, at all costs, for the security of Caboss.”

“All too true,” agreed the general on the other side of Tathrelle, “We cannot tell the people the details.”

“But that’s my job,” Tathrelle protested. “They elected me for the singular purpose of telling them the truth about the government – about how it’s run, about how things are going and all of that. If we outright lose the war, it’s going to affect everyone. You cannot tell me not to tell them.”

The general across from her, looking very smug, said, “You heard it; there’ll be rioting if we tell the people. We’ve got to be subtle about this sort of thing. You cannot just blurt it out, as if you were a child telling a secret in a schoolyard.”

“Do not, no, do not tell them all of it,” Velexio cautioned. “In fact, let’s do this, Tathrelle. I’d like for you to tell them that the war is going well and that the Cavirii are in communications with us and that the government needs to concentrate on those communications, so details will not be forthcoming.”

Outside, the disembodied voice intoned, “All steriles are strongly encouraged to volunteer for military service. Pregnant males are identified with orange clothing as they are carrying steriles. Females who are carrying steriles are strongly encouraged to voluntarily self-identify that they are carrying steriles by also wearing orange. Parents voluntarily sending their sterile infants to military rearing and service will be fairly compensated for their sacrifices. Remember, a self-sacrificing citizenry is a happy one.”

Tathrelle looked aghast at Velexio. “Are you suggesting that I lie to the people?”

Relationships

He definitely had a wife before the start of the book, but I have nothing about her. As the Cabossian society continues to slide inexorably into fascism, it becomes harder to be single, even if you’re a widower. So, he decides to pick up women. But it doesn’t go exactly as he plans.

Tathrelle

Because he has worked with Tathrelle, he knows her fairly well and can at least determine if he thinks they are at all compatible. Due to the application of a certain drug, he has about as much of a memory of older timelines as she does. He knows what she has been, and just what she could be.

The drug and the idea of memories crossing timelines, rather neatly predicts Time Addicts.

Ixalla

He doesn’t even know Ixalla and, when he comes onto her, she has fallen on hard times. But just like Pygmalion with Galatea, all he wants is to remake her. He wants no barriers to his enjoyment. He won’t allow for any.

Conflict and Turning Point

Just like with the other characters, the turning point is the rioting. As an alien Kristallnacht erupts, continues, and eventually dies down, he changes. Beyond being a man who wants political power, he turns into a killer. And into someone who wants to control, well, everyone. If absolute power corrupts absolutely, then it’s even worse when it crosses multiple timelines.

Continuity/Easter Eggs

Like with the other characters in the book, there isn’t a lot of continuity to tie him to any of my other universes.

Future Plans

He will—like the other three main characters—be a part of the prequel story, which I am tentatively calling Unreliable. I am toying with the idea of making that one multiple-POV, much like Mettle. His point of view will likely be as ruthless as I have been writing him all along.

Velexio: Takeaways

Every story needs some sort of a villain or at least some kind of an obstacle. This character absolutely takes to the villain character arc.

As my writing has improved, I can see that he should have more depth to him. Something, anything redeemable at all about him would have made for a better character. But in all, for a story I wrote when I had a lot less experience, I think he turns out well enough.

There is nothing easy about him.

Velexio — what, you didn’t think fascists only came from Earth now, did you?


Want More of Velexio and the Rest of Untrustworthy?

If Untrustworthy resonates with you, then check out my other articles about how an alien society devolves into fascism.

Character Reviews: Untrustworthy

Untrustworthy Universe

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Writing Progress Report – Fourth Quarter 2022

Progress Report – Fourth Quarter 2022

How was fourth quarter 2022 for writing? It was a continuation of third quarter 2022, more or less.

So I spent fourth quarter 2022 preparing for and writing for NaNo, and then I was going to be editing The Real Hope of the Universe , but that has had to wait for next quarter. So there was that…

Fourth Quarter 2022 Posted Works

First of all, I worked on NaNoWriMo. Either I was preparing for it, or I was writing it. NaNo this year consisted of two prequel works. One was for the Real Hub universe (that one got very long) and the other was for the Obolonk universe, more specifically as a Time Addicts prequel. These are called The East Side of the Universe and The Dust Between Our Stars, respectively.

Then on Wattpad I posted on the WattNaNo profile and nowhere else. Also, I gave up running the Star Trek profile. I just plain do not have the time any more.

Milestones

Also, I have written over 3.4 million words (fan fiction and wholly original fiction combined). Another 120,000 in original words, and I will have finally surpassed fan fiction. Yeah, I really did write that much fan fic! The below is but the tip of that particular iceberg. So right now my stats on Wattpad for wholly original works are as follows:

  • Dinosaurs – 40 reads, 9 comments
  • How to NaNoWriMo – 25,946 reads, 340 comments
  • My Favorite Things (like kibble) – 983 reads, 133 comments
  • Revved Up – 59,435 reads, 531 comments
  • Side By Side – 17 reads, 2 comments
  • Social Media Guide for Wattpad – 15,812 reads, 592 comments
  • The Canadian Caper – 506 reads, 37 comments
  • The Dish – 250 reads, 24 comments
  • There is a Road – 189 reads, 28 comments
  • WattNaNo’s Top Picks 2018 – 1,967 reads, 45 comments
  • WattNaNo’s Top Picks 2019 – 1,845 reads, 10 comments
  • What Now? – 2,764 reads, 104 comments

More Published Works

Also, I am amassing quite the collection of published works!

Untrustworthy, which is my first published novel. So yay!

A True Believer in Skepticism, published in Mythic Magazine.

Almost Shipwrecked, a story in the January 2019 edition of Empyreome.

Canaries, a short story in the March 29, 2019, edition of Theme of Absence.

Complications, a story in the Queer Sci Fi Discovery anthology. So this is an anthology where the proceeds went to supporting the QSF website.

Cynthia and Wilder Bloom, stories in the Longest Night Watch II anthology.

Props, a story in the Longest Night Watch I anthology. So this is an anthology where the proceeds go to Alzheimer’s research.

Surprises, a story in Book One of the 42 and Beyond Anthology set.

The Boy in the Band, a story in the Pride Park anthology. So this is an anthology where the proceeds go to the Trevor Project.

The Interview, the featured story in the December 14, 2018 edition of Theme of Absence. So they even interviewed me!

The Last Patient, a story in the Stardust, Always anthology. This was an anthology where the proceeds go to cancer research.

The Resurrection of Ditte, a story in the Unrealpolitik anthology.

This is My Child, a short story published in the April 8, 2019 edition of Asymmetry Fiction.

Three Minutes Back in Time, a short story published in Mythic Magazine.

Killing Us Softly, a short story published in Corner Bar Magazine.

Darkness into Light, a short story published in Corner Bar Magazine.

WIP Corner

So my current WIPs are as follows:

The Obolonk Murders Trilogy – so this one is all about a tripartite society. But who’s killing the aliens?

The Enigman Cave – can we find life on another planet and not screw it up? You know, like we do everything else?

The Real Hub of the Universe Trilogy – so the aliens who live among us in the 1870s and 1880s are at war. But why is that?

Mettle – so it’s all about how society goes to hell in a hand basket when the metals of the periodic table start to disappear. But then what?

Time Addicts – No One is Safe – so this one is all about what happens in the future when time travel becomes possible via narcotic.

Time Addicts – Nothing is Permanent – this is the second in this trilogy. What happens when time is tampered with and manipulated in all sorts of ways? It’s the ultimate in gaslighting, for one thing.

Time Addicts – Everything is Up For Grabs – as the timelines smack together and continue to diverge, it gets harder to tell the “real” timeline from all the newer fake ones. And what if some of the changes are for the better?

Fourth Quarter 2022 Prep Work

So currently, my intention, for 2024’s NaNoWriMo, is to write the third trilogy in the Time Addicts/Obolonks universe. But I need to iron out the plot! So a lot of this year has been spent on that. I have no name for this one yet.

For 2023 NaNoWriMo, I have decided to create a prequel for two or three more of the five main universes: Obolonks (while the Obolonks and Time Addicts are in the same universe, I just plain want to write two separate prequels!), Untrustworthy, The Enigman Cave, and Mettle.

If 2023 NaNo goes like 2022 NaNo did, then whichever one I do first will end up sticking to the script and complete relatively early, and then the second one will … meander.

If I had to choose two which would fill the bill in that fashion, it would either be Untrustworthy + Obolonks or Mettle + Enigman Cave. This is mainly because the first in each pairing are relatively well-defined, whereas the second of the pairings? Eh, not so much.

So, I anticipate a lot of fun and perhaps a little confusion. But it’s all good! And if I play my cards right, I can do the final pairing in 2024 and put off prepare the third trilogy till 2025.

Fourth Quarter 2022 Queries and Submissions

So here’s how that’s been going during fourth quarter 2022.

Reprint

Coming right out of the blue, Mythic Magazine wants to do a second Best of Mythic and chose A True Believer in Skepticism!!! Yay!!!!

In Progress

As of fourth quarter 2022, the following are still in the running for publishing:

This list is the name of the story and then the name of the potential publisher.

  • I Used to Be Happy – Gemini Magazine
  • Justice – Adbusters
  • Mettle – RAB
  • Soul Rentals ‘R’ Us – A Thousand One Stories
  • Who Do We Blame for This? – Sonder Review

But the truth is, I suspect all of those are ghostings at this point. I don’t honestly have the energy to submit right now.

All Other Statuses

So be sure to see the Stats section for some details on any query statuses for fourth quarter 2022 which were not in progress.

Stats

So in 2018, my querying stats were:

  • 68 submissions of 19 stories
  • Acceptances: 4, 5.88%
  • In Progress-Under Consideration: 3, 4.41% (so these don’t seem to have panned out)
  • In Progress: 10, 14.71%
  • Rejected-Personal: 14, 20.59%
  • Rejected-Form: 24, 35.29%
  • Ghosted: 13 (so these were submissions where I never found out what happened), 19.12%

So in 2019 my querying stats were:

  • 23 submissions of 11 stories (so 6 submissions carry over from 2018)
  • Acceptances: 4, 17.39%
  • In Progress: 11 (so this includes 2 holdovers from 2018), 47.83%
  • Rejected-Personal: 4, 17.39%
  • Rejected-Form: 3, 13.04%
  • Ghosted: 1 (so these are submissions where I never found out what happened), 4.35%

2020 Stats

So, in 2020 my querying stats were:

  • 37 submissions of 12 stories (so 9 submissions carried over from 2019)
  • Acceptances: 3, 8.11%
  • In Progress: 7, 18.92%
  • Rejected-Personal: 12, 32.43%
  • Rejected-Form: 4, 10.81%
  • Ghosted: 11 (so these are submissions where I never found out what happened), 29.73%

2021 Stats

So, in 2021 my querying stats were: 5 submissions of 5 stories (so 5 submissions carried over from 2020); 100% Ghosted.

2022 Stats

So, in 2022 my querying stats were:

  • 6 submissions of 6 stories (so 5 submissions carry over from 2020 and 2021), plus 1 reprint!
  • Acceptances (reprint; still waiting on it): 1,14.29%
  • Rejected-Form: 1, 14.29%
  • Ghosted: 5, 71.42%

It can be pretty discouraging and hard to go on when virtually nothing new comes up which is positive.

Fourth Quarter 2022—Productivity Killers

So it’s work, what else? I am working on a ton of things and then have to switch to fiction writing. And that isn’t always easy, and there’s no end in sight.

My focus right now, also, is to continue to redesign and overhaul this blog and website. So, that’s the priority, and creation will wait for it, and editing.

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Book Review: On Writing Well, by William Zinsser

Book Review: On Writing Well, by William Zinsser

As a part of our requisite readings for my social media writing class at Quinnipiac, we read On Writing Well, by William Zinsser. This was a terrific book. And sorry folks, but I big time prefer this one to the Stephen King book.

On Writing Well covers a multitude of issues that writers can face. Zinsser gives writers the freedom to occasionally break some rules, or at least to bend them. Moreover, he gives reasons why one type of construction might work better than another.

This is one of the best parts of this work—an explanation of why selecting one construction will work better. Because sometimes stories are too cute by half or otherwise not serving the subject matter properly.

What’s Important per William Zinsser

For Zinsser, the start and the end pack heavy punches. On Page 54, he writes,

“The most important sentence in any article is the first one. If it doesn’t induce the reader to proceed to the second sentence, your article is dead. And if the second sentence doesn’t induce him to continue to the third sentence, it’s equally dead. Of such a progression of sentences, each tugging the reader forward until he’s hooked, a writer constructs that fateful unit, the ‘lead’.”

Not only is this good advice for fiction writing, it is excellent for report writing and for writing for the web. How many times have we had to slog through a ton of prose before getting to the good stuff?

How many times have we tried to hang in there when we would rather be doing anything but tackling an opaque garbage can full of prose?

And for fiction writers in particular, if we want to know why a sequel isn’t selling, it just may be because the last sentence of the preceding work didn’t pack enough of a punch.

Active Versus Passive Tense

Many writers get a message to prefer active to passive tense when writing.

Zinsser explains why, on Page 67,

“Use active verbs unless there is no comfortable way to get around using a passive verb. The difference between an active-verb style and a passive-verb style – in clarity and vigor – is the difference between life and death for a writer.”

A little over the top, maybe, but it does get the point across.

William Zinsser and Ray Bradbury: Who’s Better, Who’s Best?

I have read other books on writing. I also really love Ray Bradbury’s take.

Don’t dance around your subject. Be bold. And be clear. Be terse.

GET. THIS. BOOK.

Review: 5/5 stars.

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Social Media Happy Holidays!

Are You Having Happy Holidays?

Well, happy holidays from me!

So thanks to the fine folks at Canva, there’s a great holiday image and I’ve got to say I really love it.

Plus I was getting a little tired of reusing the older holiday post. Hence here’s something new which I hope will be a lot more timeless.

Reflections

Because the year is drawing to a close, I get a bit pensive. So I often wonder if the year worked out all right. Did I accomplish everything I had wanted to? What were my obstacles? And how did I try to overcome them? That is, if I tried to at all …

In addition, this is when I start to look forward to the following year. Some of this is in terms of resolutions. And some of this is in terms of goal making. Because I am working on becoming a more regular writer, many of these goals center around writing.

But also around its ancillary activities. Because editing, proofreading, beta reading (both for me, and for me to do for others), and promotions are also important.

A writer, if they are at all serious, will have to do all of these things. And by the way, that is even true of big time famous authors. They have to accept editing. And they have to promote their works. Plus we all need to work on our craft. None of us are perfect.

So without further ado, here are some possible goals for next year.

And some reflection on how things have gone. Yeah, it’s been a few years since I did this.

Next Year’s Goals (More or Less) Beyond the Holidays

Goals come in a few flavors.

Writing Goals

So in 2018, one great goal worked out beautifully. It was to write every day, every other month. Now, sometimes that was a bit difficult to do. There were some days when I just plain didn’t want to write something on top of everything else. But the discipline, I feel, was good for me. So that’s one goal.

Dovetailing with this goal was writing short works during the off months. This I did a lot of although not enough. It came in mighty handy during my most tired days to already have a draft, and just need to polish and type it. Hence I need to do that more.

And in the past few years, writing has been sporadic at best.

For 2023, I would definitely love to write more. I feel most centered when I do. But I also need to work on this website. So, at least some original fiction writing will take a back seat.

Promotional Goals

Another goal from 2018 was to use the off months to promote. This one did not work out quite so well. Life was busy and I was tired. And I was suffering from some wicked imposter syndrome on top of everything else. Hence I will need to work harder to promote. Fortunately, this blog is a part of my promotional efforts.

In the past few years, I didn’t promote much at all. However, I have updated this blog for speed, readability, and SEO. All of these help.

For 2023, yes, I should promote more. But I honestly have no idea if I will have any real bandwidth for it.

However, I have also gotten better at that. So, there’s something.

Publishing Goals

Yet another goal from 2018 was to query my unpublished works. And again, my adherence to that goal was kind of spotty. So I will need to do better in that area. It may help to get the whole process more organized. And I have been trying to do just that. In addition, I need to know when to throw in the towel and instead pull the trigger on self-publishing.

For some works, that might be the best or even the only place to get them out there.

There is also the possibility of putting some of my shorter works up as free downloads here. For semi-throwaway works which do not tie to other, bigger works, that could be a good use for them.

A related goal is to really learn as much about self-publishing as I can, from the top down. This also ties in with promotions, to understand how to best promote my work and get it in front of the biggest audiences. It might be in the form of giveaways, swag, conferences, conventions, or something else.

For the past few years, the same has been true: a spotty record of querying, and little to no time to learn about the craft. I’ve joined FB groups to get better. But, alas, I also don’t really have the time to read them, either.

For 2023, I know I should do better. Heh. We’ll see.

Community Goals

Finally, writing is a community and that means we need to have each others’ backs. While Facebook has splintered badly in that area,

Twitter is still a good place. Following and participating in author hashtags like #AuthorConfession or #OneLineWed already help.

It also doesn’t hurt that I’ve got over 1,000 Twitter followers. That is a tipping point in Twitter, I’ve noticed. In general, an account starts to get people following for the sake of following.

However, one thing I need to work on is if I can shunt some of the accounts I’m following to lists instead, and then unfollow. Because if the number of people I’m following stays below the number of people who are following me, it should help to bolster my influence.

For the past few years, I have actually been doing this! Yay and go me!

Holidays or no, in 2023, of course, I need to do more of the same. And since Twitter is still in the throes of a slow-motion meltdown, it would behoove me to expand to other parts of the community.

BookTok? Instagram? Substack? Egad, I am getting a headache just thinking about even half of all that.

Takeaways for The Holidays and Beyond

I realize this was a bit of a heavy topic for the holidays. Are you looking forward to next year? Are you planning, or just winging it? Do tell. And, by the way, if you can’t make every single goal you set for yourself, don’t worry. Don’t be hard on yourself. There’s always the next year.

Have fun during the holidays! And maybe get offline a little….


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A Crash Course in Copyright Law, Part 3 (Exceptions)

And Finally: A Crash Course in Copyright Law, Part 3 (Exceptions)

What are some exceptions to copyright infringement cases?

So, when is it all right?

Purdue University offers a terrific and very readable summary of the main known exceptions to copyright infringement claims.

Note: the law changes in every area. This blog is no substitute for talking directly with an experienced copyright attorney!

Fair Use

For the fair use defense, Purdue outlines four basic factors:

Purpose and character

Some specifics favor fair use. These include nonprofit, educational, and personal usages. Plus there are those which represent a potential tipping point.

These include teaching, research, scholarship, criticism, commentary, and news reporting. And there are those which favor needing permission. These include commercial, entertainment, and for-profit uses.

Hence, a nonprofit’s research is more likely to be fair use than a for-profit enterprise’s commercial use. Hence the for-profit business should seek the copyright holder’s permission.

Nature of work

To favor fair use, it should be a fact and/or published. But to favor needing permission, it should be a fiction and/or unpublished. E. g. It’s more likely to be fair use if you repeat a published fact about dinosaurs. Whereas you more likely need permission for an unpublished novel about vampires.

Amount

Small and insignificant bits of copying are more likely to be fair use than large ones representing a work’s heart. As a result, those are more likely to require permission.

Hence, if I copy the character of Millicent Bulstrode, then the character is minor and small. But this does not necessarily mean JK Rowling won’t sue me. Still, copying Hermione Granger is another matter entirely.

Market Effect

You’re more likely to be in the fair use realm if:

  • Licensing/permissions are unavailable or there is no major impact,
  • There is limited/restricted access to the work, or
  • The user or institution owns a legal copy.

But it’s different if there is a major impact, or licensing/permissions are readily available. Or the work has worldwide availability, or there is repeated or long-term use. Then the scale slides to requiring permission.

Profit and sales are not an element to this cause of action. Although selling the copied article, particularly multiple instances of it, can place the act into the ‘requires permission’ camp.

Exceptions for Face to Face Instruction

According to Purdue,

The traditional classroom or face-to-face instruction is when the instructor and the students of a nonprofit educational institution are in a place devoted to instruction and the teaching and learning take place at the same time. In this setting all performances and displays of a work are allowed.

Requirements:

  1. All materials must be legally acquired.
  2. Teaching activities must take place in a classroom or a similar place devoted to instruction.

Exceptions: Virtual Instruction

Like face-to-face instruction allowance, virtual instruction generally gets a pass, per Purdue University. However, there are some specifics. For example, the class must be a regular offering in the curriculum.

What about Parody Exceptions?

The American Bar Association notes the United States Supreme Court treats parody and satire separately. But the ABA feels it’s a distinction without much of a difference. Both are mockery. But satire is often more like commentary than outright mimicry.

For the ABA, and particularly when a work has both elements, the difference matters less. Although copyright holders might be more inclined to license satire rather than parody. This is because parody is pretty much a knockoff by definition.

Commentary generally falls under fair use. That commentary can be amusing or not, satirical or not. Copying generally isn’t fair use. But amusement and exaggeration blurs that line.

The best advice I can give you is: don’t make your work into a copyright test case.

In other words: be original!

And be sure to check out Part 1 and Part 2!

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A Crash Course in Copyright Law, Part 2

Check Out A Crash Course in Copyright Law, Part 2

Want to learn more about copyright law?

How about infringement?

We are artists and that means we are copyright holders, even if we never assert our rights and never file with the copyright office. According to American copyright law, you own it if you made it. You don’t have to mail it yourself.

But to defend a case, in the US, you’ll need to register your work.

Infringement

However, I will only talk about American law. If you assert copyright in another country, the law will most likely differ. Furthermore, if you have any questions, ask me in the comments section. I will try to research and answer you in a timely fashion.

Or ask a copyright attorney. This area, like many areas of the law, has nuances and there can be changes. This blog is no substitute for good advice from an experienced lawyer. If you think you need to protect your rights, then do so properly. And that means hiring an attorney.

The United States Code

According to Title 17 of the United States Code:

§ 501. Infringement of copyright

(a) Anyone who violates any of the exclusive rights of the copyright owner as provided by sections 106 through 122 or of the author as provided in section 106A(a), or who imports copies or phonorecords into the United States in violation of section 602, is an infringer of the copyright or right of the author, as the case may be. For purposes of this chapter (other than section 506), any reference to copyright shall be deemed to include the rights conferred by section 106A(a).

As used in this subsection, the term “anyone” includes any State, any instrumentality of a State, and any officer or employee of a State or instrumentality of a State acting in his or her official capacity. Any State, and any such instrumentality, officer, or employee, shall be subject to the provisions of this title in the same manner and to the same extent as any nongovernmental entity.

But what the heck does that all mean?

The American Bar Association explains it better. It publishes a Young Lawyers series intended to help newly minted lawyers understand the nuances of complicated sections of practice. So the ABA explains:

An action for copyright infringement may arise where a third party violates one or more of the exclusive rights granted to copyright owners.  To establish infringement, the plaintiff must prove:  “(1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original.”

Ownership of a valid copyright consists of:  “(1) originality in the author; (2) copyrightability of the subject matter; (3) a national point of attachment of the work, such as to permit a claim of copyright; (4) compliance with applicable statutory formalities; and (5) (if the plaintiff is not the author) a transfer of rights or other relationship between the author and the plaintiff so as to constitute the plaintiff as the valid copyright claimant.”  A copyright registration certificate from the Copyright Office serves as prima facie evidence of elements (1) through (4).  If the defendant rebuts the plaintiff’s prima facie evidence, then the above elements of valid copyright ownership become essential to the plaintiff’s case.

So what is the ABA is saying? Registration with the US Copyright office isn’t necessary to successfully bring an infringement claim. But it’s awfully helpful.

If you think your work might be infringed upon, if you feel it is a danger and you are concerned about it, then get some peace of mind and register it with the US Copyright Office.

Next up? Exceptions!

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A Crash Course in Copyright Law, Part 1

A Crash Course in Copyright

It’s time for a crash course in copyright law. Don’t worry; no one is going to make you practice law.

Seriously, you’re good.

Me, on the other hand? I’m a retired lawyer, admitted to the New York state bar, 1986. I never worked in the copyright field. However, I have read plenty about it, and of course I have my own legal training and experiences to fall back on.

If you have questions, I will try to answer them. Or contact a copyright attorney if you know one, and ask! Your questions won’t offend me.

Disclaimer

Do not infer or imply representation. If you’ve got a copyright issue, and you’re defending, or you think you should bring a lawsuit, I urge you to get legal representation as soon as possible.

American Copyright Law

For the purposes of these blog posts, I will only look at American law. The law differs outside the United States, it will be different. Copyright law is Federal, so jurisdiction rests with the Federal courts. It is a civil matter; no one goes to jail for copyright infringement.

Copyright Search

The United States Copyright Office exists as a part of the Library of Congress, founded in 1870. Want to find out if something has a copyright? Click the search page for the copyright office and be sure to select Other Search Options. If you think your search will pull up a lot of records, select 100 records per page from the pull-down menu to the left.

Make sure to be as specific as possible, but you might need to go less specific in order to be truly diligent. For example, a search for Sally Field’s character, Sister Bertrille, might not bring up anything. A search for Bertrille might give you something, but a better search would be for the television program the character comes from, The Flying Nun.

Here’s the copyright for the theme song to that series.

But most people could guess that Field’s role or at least the series has or had some form of copyright. But what, exactly, is copyright?

The Elements of Copyright

According to the US Copyright Office,

Copyright is a form of protection provided by the laws of the United States (title 17, U.S.Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

Per Section 106 of the Copyright Act of 1967, a copyright holder can:

  • reproduce the work in copies or phonorecords
  • prepare derivative works based upon the work
  • distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending
  • perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works
  • display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work
  • perform the work publicly (in the case of sound recordings) by means of a digital audio transmission

Hence copyright holders have any number of rights in their own works. Can they allow others to use them? Absolutely! We call that a license.

When do copyrights expire?

Not surprisingly, the US Copyright Office has something to say about that.

Works Created on or after January 1, 1978 The law automatically protects a work that is created and fixed in a tangible medium of expression on or after January 1, 1978, from the moment of its creation and gives it a term lasting for the author’s life plus an additional 70 years.

and …

Works in Existence but Not Published or Copyrighted on January 1, 1978 The law automatically gives federal copyright protection to works that were created but neither published nor registered before January 1, 1978. The duration of copyright in these works is generally computed the same way as for works created on or after January 1, 1978: life plus 70 years or 95 or 120 years, depending on the nature of authorship. However, all works in this category are guaranteed at least 25 years of statutory protection. The law specifies that in no case would copyright in a work in this category have expired before December 31, 2002. In addition, if a work in this category was published before that date, the term extends another 45 years, through the end of 2047.

What does this mean? Well, the short answer is that you generally do better to publish your work! After all, you can’t expect anyone to guard against copying it if they don’t know it exists.

The other important takeaway: you don’t need to assert copyright or mail it yourself or anything like that. Does it help to register your work? Absolutely! And you’ll need it to defend a lawsuit.

If you ever doubt have concerns, do the legwork (or have your lawyer do so), and register your work.

More of the crash course later …

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Working With a Beta Reader

What’s It Like, Working With a Beta Reader?

A beta reader is somewhat different from an editor.

How different? Well, for one thing, beta reading is generally something that people do for free.

Beta Readers

Beta readers are people who read over your work and evaluate it before it goes to a publisher. They might read for typos, spelling errors, grammatical issues, and punctuation problems, but that is not a very good way to work with them. Work with an editor for that.

Instead, you want them to help you with flow and continuity in your writing. If your main character is male and 6’3″ and owns a farm on page 14, then he should still be male, 6’3″, and the owner of a farm on page 204, unless there is some on-page reason why he isn’t. E. g.:

  • He is transgender, and successfully transitioned (with or without surgery) to male. Or the character no longer identifies as female or male.
  • The character had some sort of a growth spurt and is taller, or has osteoporosis, and shrunk, or maybe her legs were amputated (sorry, character!).
  • He gave away the farm, or it failed, or was destroyed by a natural or man-made disaster, etc.

The last thing you want is for your beta reader to wonder why there’s no farm any more, particularly if that particular setting isn’t a big part of the story.

How Can You Start This Relationship?

The best way to get a beta reader is simply to be one. So offer a trade with another indie. Be kind when you’re done, and either recommend your beta reader friend or at least donate a little something to one of their three favorite charities. If the work is absolutely abhorrent, at least you can say you did that.

Lead with kindness, always.

What Should You Expect?

You’re working with a volunteer. So, things might be slow. You cannot be overly pushy. However, setting an expectation as to the overall deadline (be generous with the time frame!) is helpful. E. g. if you want the beta reading to be done in ten months for a 100,000 word document (very possible, even for a busy beta reader), say you need it done in nine months and try not to be overly anxious about it.

What Are Some Practical Tips?

Use Google docs in order to avoid version control nightmares. Create a schedule and a set of expectations. Hence for our hypothetical 100,000 word work, a nine month time period gives the beta reader about 39 weeks to get it all done. If each chapter averages about 1,100 words long, then you want a beta reading turnaround of about 2 – 3 chapters per week to make it in nine months.

Do you now see why I’m talking about giving yourself a one-month cushion? You’ve also got to account for vacations, illness, the other person being busy with other stuff, and even a lack of motivation on their part.

And give yourself that extra month, just in case things really go badly, and you end up scrambling. Better to scramble 31 days before the manuscript is due, than one day before. Of course, no scrambling is ideal. But sometimes, sigh, it just happens that way. Ah, well.

How Many Beta Readers Do You Need?

For a 100,000+ word work, you’re probably going to want more than one beta reader. In fact, I would recommend that for any work longer than what most people would call a short story. You need some give and take and a consensus.

If three beta readers tell you a chapter is dull, then it’s dull. If two say you need to use the word ‘whom’, and one says to use the word ‘who’, look it up on a trusted authority, such as Grammar Girl. Majority does not rule here.

Demographics and Working With a Beta Reader

Good beta readers are in the demographics of the people you’re trying to reach with your novel. They like your genre or at least are willing to read in it and offer feedback. They don’t tear you a new one when they don’t like something, but they are also unafraid to tell you if something isn’t working for them.

Some Standard Questions

Ask them:

  • Are the characters believable? Are they distinguishable?
  • Do you think the situations are plausible?
  • Are the settings well described? Can you picture yourself where the characters are?
  • Do the transitions work?
  • Are the conflicts plausible?
  • Is the conclusion a satisfying one? Or could you see it coming from a mile away?

Make sure to also ask about genre-specific issues, such as whether your mystery was too easy or difficult to solve, if your horror story was scary enough, if the technobabble in your science fiction novel was credible, etc.

Practical Tech for Beta Reading

Google docs is particularly useful for multiple beta readers, as they can see each others’ suggestions. Just set everyone to ‘suggesting‘ and not ‘editing‘. Google docs will also inform them when changes have been made, so they are reminded that you’re still out there, and you still need their help. Be sure to make corrections on the page so the beta readers can comment on them if they want to.

Don’t like Google docs? Then use Word and turn on its editing features. Use Dropbox or the like if your documents are too big to practically email back and forth.

Manners Count With Your Beta Reader!

Be gracious about the corrections; these people are trying to help you! But if it’s important for your character to be Lithuanian or eating pretzels or whatever, then stick to your guns and explain why. Do so without rancor, of course. Be kind and your beta readers will be so in return to you.

Establish a really good relationship, and you could be reading for each other for years.

PS… Beta Reader Rewards

Not 100% necessary, but nice to do all the same. I’ve gotten and given gift certificates. And if your work makes it to publication, send them a signed copy. For free.

Seriously. You should cherish a good beta reader to writer relationship. Just like any other good relationship!

Your time with a beta reader is a unique writing relationship. So make it as good as it can be.


Want More on Beta Reading and Editing?

If you want more on beta reading and editing, check out the following posts:

Beta Reading:

Editing:

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Character Review — Lex Feldman

Consider Lex Feldman, One of My Original Characters

Who is Lex Feldman?

Lex Feldman is a kind of nervous but ultimately good person who gets Marnie to loosen up in some ways—and straighten up and fly right in others. He is an important character in the Enigman Cave Universe.

Where Did Lex Feldman Come From?

I went with Lex because I was watching reruns of The Tribe! The characters, of course, are rather different. For one thing, my Lex isn’t a jerk.

The Past is Prologue — Backstory for Lex Feldman

Competition for spots on wedge ships like the Valentina Tereshkova was fierce. Lex tried for the Chief Veterinarian job, but lost out to Tom Ciorciari. He was also breaking up with his last truly serious relationship before Marnie. For Lex, getting away to space is a way to heal.

But he can also spread his wings and become his own person.

Description

I see Oscar winner Adrien Brody here. It’s important for me to, in general, have Jewish actors playing Jewish characters. So, here we are.

Adrien Brody, who I see as Lex Feldman, DVM
Adrien Brody, who I see as Lex Feldman, DVM. Image is for reference purposes only.

He’s attractive but not 100% conventionally. I also love the idea of him being this twig of a person—in love with Marnie, who is anything but a twig.

Purpose/Theme/Motivation

For Lex, most of his motivation is to be there for Marnie and support her in everything she does. But he testifies for the side seeking to prove Enigmans are not intelligent.

When she chooses him to come along for First Contact, part of it is for moral support. But he’s also there to essentially represent the animal side of things. Even with Enigman sapience essentially proven, there’s always a smidgen of doubt.

Quotes

The scene: the hearing to try to prove Enigman intelligence. Here, Lex is cross-examined by Counselor Terry Lynn Shull. Hunter Garcia is serving as a magistrate.


Terry Lynn said, “Tell me, Doctor, do gorillas make gestures?”
“They do, and they can make gesture sequences, too.”

“Do they have a language?”

“We’re not sure.”

“Doctor, what’s a gorilla’s IQ?”

Lex motioned to his tablet and Hunter nodded. Lex clicked around a little. “Maybe seventy to ninety, but that’s just Koko, a gorilla who was taught to use American Sign Language. Gorillas without known sign language don’t necessarily have a measurable IQ, and Koko could have been mainly making herself look good.”

“How so?” Terry Lynn asked.

“She may have figured out that making gestures would get her what she wanted, but she didn’t necessarily truly comprehend much of what she was signing. If she signed for juice, let’s say, and she kept getting juice, she probably learned making a particular sequence of hand gestures meant she would get a cup of juice. But it might just be like a dog barking to ‘speak’ and then getting a treat. Both animals realize that if they do X, then Y happens. But it does not necessarily mean Koko understood that her sign for juice really designated juice. It’s not possible to tell if Koko understood it was a representation for the concept of juice.”

“What’s a dog’s IQ, Doctor?”

“Dog intelligence isn’t really measured like ours. It’s measured more in terms of problem solving, learning, and thinking. Cognitive processes, as it were.”

“Are Enigmans smarter or dumber than dogs, Doctor?”

“I have no idea.”

Relationships

Amy Allenby

Lex and Amy knew each other as children, and were on and off again for years. Marnie is particularly surprised when Amy writes to Lex and refers to him as Alec.

But Amy wants to stay in the Solar System, and she wants children. So, she and Lex part ways.

With very little on her, even I can only conjecture. But he does at one point say she really did a number on him.

In all honesty, though, I have no idea of the specifics—and I created these characters!

Marnie Shapiro

When Marnie first walks into the Veterinary while he’s on duty, he’s nervous and clumsy, dropping a paper towel roll multiple times. For a junior guy used to working the night shift, a visit from the captain is a novelty. And, he already thinks she’s attractive.

When they go to Enigma (Tom is too shocked by finding chlorophyll and feels it’s all too much), they get overly excited when they first life. And that leads to kisses.

Conflict and Turning Point

As with the other characters in The Enigman Cave, Lex feels the change come when Carter takes over in the Solar System in a bloody coup d’etat. But unlike many of the other characters seen in the book, he doesn’t get a chance to declare his stance.

In that way, I treat him like Sharon Townshend and Charlie Hill. But his stand should be obvious—he’s as appalled and angered as Marnie is.

Continuity/Easter Eggs

I don’t really have much continuity for him. He’s basically just a solid, dependable love interest.

Future Plans

Since he won’t be in the prequel, I don’t rightly know if/when I will bring him back. But he is quite literally a supporting character. I don’t see him as being the stuff of his own stories. But I can be persuaded by the right idea…

Lex Feldman: Takeaways

Caring, smart, nervous, and in over his head, Lex gives Marnie someone in her life who will give back all the caring she exudes to the crew. Because Ben Chase sure as hell never did.

Want more character reviews? Stay tuned!

Lex Feldman — the character who lets the main character shine.


Want More of Lex Feldman and the Rest of The Enigman Cave?

If The Enigman Cave resonates with you, then check out my other articles about how our society handles first contact with a species that may be as primitive as Australopithecus.

Character Reviews: The Enigman Cave

The Enigman Cave Universe

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Character Review — Tommy 2000

Consider Tommy 2000, One of My Original Characters

Who is Tommy 2000?

Tommy 2000, AKA Tommy McFarland, is the kind of police officer you want on your side. A powerful genius who cares about people.

Except he’s not a person. He’s a robot.

Where Did Tommy 2000 Come From?

At first, the original Obolonk Murders was written about 20 years ago and I was utterly winging it.

He started off as just a cool robot, able to morph. But then I learned, as I was writing him, that he would be a lot more than that.

The Past is Prologue — Backstory for Tommy 2000

When we first meet him, he’s being fully activated for the first time. But he does tell Peri that he recalls a few brief earlier moments during programming. Peri quite literally is his entire world.

This makes her loss, between the original Obolonk trilogy, and Time Addicts, all the more devastating.

Description

I have always seen Steven Culp when I think of Tommy 2000.

And that is exactly what I was thinking of when I originally wrote his description. Tommy is meant to look like a character actor. Someone who is known but not known.

You know.

That guy.

Purpose/Theme/Motivation

Tommy’s sole purpose is to help and protect Peri. He will do anything for her, including potentially give up his own existence.

For her part, Peri initially finds this annoying. She rather pointedly and specifically tells him to stop conceding every single point to her.

… And she’s right!

For them to work together well and efficiently, they need to have differences of opinion. She does not need a reflection of herself.

Evolution

When the original trilogy ends, Tommy is more of a partner to Peri. When we get to Time Addicts, he is her widower.

And, he has a position in government. Much like the Obolonks’ own They Say This is the One (TSTITO), Tommy is the only ‘ruler’ of sapient and semi-sapient robots.

Because, so long as he has access to replacement materials, he can theoretically never die. So, he just stays on in a leadership capacity.

For the third of the trilogies, I will probably change him up again. But I am not so sure how I will do that just yet.

Quotes (original Obolonk trilogy; Peri and Tommy are discussing a terrorist organization, HEART, run by an anonymous person they call the Farm Boy)

“Yeah, there’s also the plastics from Carolbots. And you probably don’t want to transport a completed bomb so maybe you ship the parts or maybe they’re even developed on site. That means infrastructure, and it also means training. This all spells a rather expensive long-term operation.”

“If that is occurring,” Tommy said, “then there may be issues with all robots that were repaired or manufactured within the preceding ten-to-thirty-month time frame.”

Peri was silent for a moment. “Then that includes you, and possibly also Selkhet, right?”

“It is not outside the realm of possibility.”

Peri swallowed hard. Have I just fed a bunch of our plans to the Farm Boy? “Would you even know if you’d been at all compromised, Tom?”

“I am unsure. The thought is rather … unsettling.”

Quotes (Time Addicts trilogy; Tommy and Josie meet for the first time)

“Why don’t you tell me about yourself.”

“I don’t think there’s much to tell, Mr. McFarland.”

“Oh, God, don’t call me that. Please do not call me that.”

“What should I call you, then?”

“Tommy is fine. In return, can I call you Jolene?”

“Josie, actually.”

“Oh, this wasn’t in my briefing materials.” He looked up again. “Ah, there it is. You’ve had this nickname since second grade.”

So you’ve got access to my elementary school records. I bet you can see everything else.

Who am I kidding? Of course you can. You’ve got Alpha-1 clearance. I bet you know when I got my wisdom teeth taken out.

“Since you probably know all about me, isn’t this kind of a pointless exercise?”

“Not really. I can get information from the cloud, as you can see. Or I can get it straight from you. And what you say, and how you say it, and the order in which you say it—all of this confers a lot more information than just your words. And what you leave in, and what you leave out; those are also vital clues about you as a person.”

“I don’t think a Juliebot would quite get into this level of detail.”

“I know they wouldn’t. Selkhet and I put together their programming protocols ourselves. And then those were agreed to by the Chief Governor, the head of the OIA, and an older Obolonk called We Say This is the One. It had to be unanimous.”

“Just when did this happen?”

“May 14th, 2182.”

“Wait, that was 345 years ago.”

Tommy 2000: Relationships

For a being made up on plastics and polymers, he has any number of relationships over time.

Peri Martin

With Peri, he grows from a hovering, deferential, almost-nosy servant to her loyal and equal partner. Tommy gives her stability, love, and the kind of intellectual banter she craves. He experiences true grief when she passes on.

In return, she loosens him up. She gives him tools to get along in society. Like in any good partnership, they make each other better.

David Shepherd

For Tommy to really be a mature creation, he needs complex emotions. With Dave, he feels jealousy. As Peri puts it, he’s supposed to be like a loyal dog. But he doesn’t like it when she plays with other dogs. He never gets violent or anything. But Tommy is clearly wounded and he is short with Peri when she tries to talk to him about it.

In Time Addicts, there are a few timelines where the relationship between Peri and Tommy does not advance, or Tommy does not get to the next level. In those, Peri marries Dave.

Dr. James Tinerrian

What is anyone’s relationship with their creator? Jim is father, instructor, programmer, and creator to Tommy, Selkhet, and the rarely seen Emma 1000. And with Tommy, Jim has succeeded well beyond his wildest imaginings.

Selkhet 3000

Made a bit before Tommy, Selkhet also has emotions but hers are more advanced than his. However, she is also more prone to breaking down.

By the Time Addicts period, Selkhet and Tommy aren’t dating. But she is generally his plus-one for any functions.

Josie James

During Time Addicts, they work together, although he’s no longer a cop. But he has a unique perspective. And, with her display tied to data chips he can interface with, she can effectively share at least some of her memories of other timelines with him.

This gives them a strong, non-romantic bond. Even beyond Carmen, he is the person who, without doubt, question, or reservation, believes her.

Tommy 2000: Conflict and Turning Point

Like with Peri (and Dave, really), the turning point is when they get to Sedna. He sacrifices nearly everything for her. And in return, she does the same for him.

In addition, his basic internal structure changes. Perhaps it’s a bit of deus ex machina, but I wanted for him to evolve almost randomly.

You know, like us humans do.

Continuity/Easter Eggs

Since I also see Jake Radford as Steven Culp, there is a bit of continuity with (of all things) The Real Hub of the Universe.

Future Plans

I don’t have him in either the prequel for Time Addicts or for the original Obolonk trilogy. His earlier life isn’t much. But his life in between the trilogies, and then between Time Addicts and the third trilogy, should prove interesting. Will I ever write that? I have no idea.

Tommy 2000: Takeaways

I strongly resisted turning this character into a latter-day Pinocchio. Far too many writers do that with android/robot characters, and that was not my plan for him. But he does change and grow. And, while he doesn’t necessarily become a “real boy”, he becomes, in a way, a better person than most human beings.

Tommy 2000 — because a sapient robot should be more than a wannabe Pinocchio.


Want More of Tommy 2000 and the Rest of the Obolonk Universe?

If the story of the Obolonks resonates with you, then check out my other articles about how our society turns tripartite, with humans, robots, and Obolonks.

Character Reviews: The Obolonk Murders

Humans

Robots

Obolonks

Character Reviews: Time Addicts

The Good Guys

The Bad Guys

The Obolonk Universe

Self-Reviews: Obolonk Trilogy

Self-Reviews: Time Addicts Trilogy

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