Five Top Legal Issues for Authors and Self-Publishers

While authors rarely enter the industry expecting to face legal challenges, this doesn’t deflect from the reality that they may encounter some difficulties from time to time. Whether it’s knowing what to avoid within your own writing or understanding when someone has infringed upon your own work, we’ve outlined the top five legal issues authors and self-publishers might experience during the publication and post-publication process. 
 

• Use of Copyright 
  

Under UK Copyright Law, any and all original creations are automatically protected in any form. With that in mind, copyright prevents the reuse or redistribution of any authentic work, meaning authors must take precaution when referencing other published works, images and graphics, or even texts and music lyrics. As an author or self-publisher, it’s worth familiarising yourself with UK Copyright Law (or your respective country) to ensure you’re avoiding any unlawful practice.  
 

• Infringement of your Copyright 
  

Unlike some countries, there isn’t a register of copyrighted works in the UK, given your work is protected automatically. In knowing this, it’s important to understand your rights should someone infringe upon your copyright. Under the Copyright, Designs and Patents Act 1988, your published work is protected against infringement of your work in its entirety, or a considerable part of it, without your permission. Should this happen, the first step is generally to contact the infringer, though you are within your rights to consider mediation and seek legal help.  
 

• Plagiarism 
  

While this might seem like an obvious one, it’s definitely worth reiterating. If you’re looking to self-publish (or publish in any form), it must be your own work. Broadly speaking, plagiarism can be defined as presenting someone else’s ideas as your own, with or without their consent. With that in mind, authors occasionally run the risk of accidentally plagiarising. As a general rule it’s best to stick to your own creativity, but if you must refer to other works, be sure to give credit where credit is due.  
 

• Use of Brand Names and Trademarks  
  

Oftentimes authors will want to use real brand names or trademarks within their work to instil a sense of reality, or perhaps allow their reader to identify further with the story. This is all fine, as long as the brand names and trademarks are being used in a positive or neutral light. Referring to them in any other manner poses potential legal challenges such as defamation or libel, bringing us to our final top legal issue for authors.   
 

• Defamation, Privacy and Libel 
  

Defamation covers any published works that seek to damage the reputation of an individual or company, while libel similarly covers published statements that might harm or discredit persons in the eyes of society. Equally, privacy can be a serious offence, should authors decide to publish embarrassing and purposefully concealed facts concerning an individual or company. In this instance, authors are encouraged to avoid writing negatively about genuine people, organisations or companies.  
 
At Rowanvale, we understand that dealing with these types of issues can be both daunting and intimidating, but we strongly believe the more aware authors and self-publishers are of the legal challenges surrounding their work, the better off they will be. For more information on the legalities of writing and self-publishing, our Writing Advisors and Account Managers are always happy to help with any queries you might have. To get in touch, click here.