Hey, That’s My Picture on Your Book!

Boy, are you in trouble!

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But first, a disclaimer. I am not a legal expert, and if you are in any doubt about the subjects I’m talking about, you should consult an authoritative source.

In general, as most writers are aware, the maker of an artistic work (e.g. painting, novel, photograph, concerto) automatically owns the copyright to said work. Selling the work does not constitute selling the copyright. This is an issue that occasionally confuses writers, for example, but it is worth remembering that even if a publisher agrees to publish your new novel, you retain the ownership and copyright to that novel, unless you specifically sign them away.

This means that the painter of a picture may sell the picture, but the new owner has no right to make any copy of this work for any purpose, and the artist retains the right to do so. Again, if the new owner is to have the right to make a copy of the picture and publish it, the artist must specifically assign the new owner the right to do so. After all, purchasing a novel or a music CD does not confer the right to copy and sell either of those.

But it’s not all as straightforward as that, and it’s more complicated if an artist has been specifically paid to create it for a purpose, or creates it as part of their duties for an employer. In this case, the employer / commissioner may hold the copyright.

As an example of this, my novel Making Friends with the Crocodile features an image from one of my paintings on the cover (see picture on the right). I sold the painting many years ago, but the image still belongs to me as I did not sign it away.

Therefore if you wish to use an image on the cover of your book that does not belong to you, you must obtain written permission from the copyright holder to do so. If so, then what you will almost certainly get / buy are reproduction rights and NOT the copyright. That would give you the right to use the image for certain purposes (e.g. book cover) but the artist retains the right to sell the reproduction rights to others, too.

Unless they are exclusive reproduction rights. See? I told you this could get complicated.

It is possible to take (another) artist’s work and sufficiently transform it so that it becomes a new work, but again the devil is in the detail (quite literally). There have been a number of cases where artists have taken others to court to argue the point – and the point is whether the new work is sufficient transformative to be considered a new work. As an example, a photograph downloaded from the internet and then either just being subject to colour changes, or having another image added to it, was considered to be infringing the original copyright.

But there have been other cases where the original image has been altered sufficiently to be considered a new work. If you are intending to go down this route, you would be wise to acquaint yourself with the ins and outs of this. To get a more detailed analysis, you might find this link useful: February 13th Creative

And if you have paid someone for an image for your cover? It might be someone you know, or it might be over the internet (perhaps one of these ‘get a service for five dollars’ sites), but the law doesn’t change. Ensure you have the appropriate permission, preferably signed, before pressing the ‘publish’ button with their image on your cover.

It could save you an awful lot of hassle.

Winter – a Tanka

I was writing a haiku yesterday, and decided to go the extra mile with it. Traditionally in Japan these poems were sometimes written in the form of tanka, which are essentially poems of five lines rather than three, with a syllable count of 5/7/5/7/7.

They could also be written as linked verse, with one or two poets writing haiku, and others supplying the two remaining lines between each haiku.

I’ve gone down the linked verse route, and also given myself the remit that each verse (of two or three lines) must contain a word or sentiment linking it to those either side – something that was also commonly done.

Yesterday was cold and miserable, hence the results.

It’s my first attempt – please don’t be too harsh!

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The flowers have gone.

Crumbling stems standing askew,

In waterlogged soil.

 

Outlined against the grey sky,

Old willows by the stream.

 

Ten thousand leaves are

All that remain of autumn.

Wistful nostalgia.

 

Memories of warmer days,

Are all but forgotten now.

 

Wrapped up warm and snug,

Watching the grey willows weep.

Hands in my pockets.

 

Leaves fall slowly through the air,

Onto silent black waters.

 

Now a gust of wind

Swirls leaves around and around.

Racing each other.

 

Shifting clouds race overhead,

Sudden drizzle on the breeze.

 

Spiteful winter day,

Grasses shiver in the wind.

Low sunlight dazzles.

 

Walking in meditation,

Clouds unexpectedly clear.

 

Sudden bright sunshine

Reminds me the cold Winter,

Will change into Spring.

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If I Could Just Wave A Wand…

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Pandering to my Inner Vagabond, here…

If I could just wave a wand,

I would wander the world.

With my notebook in hand,

And a bag on my back.

 

I would sleep under hedges,

In hotels and haylofts.

Drink beers under trees,

And eat cheese on the moor.

 

I’d watch clouds over hilltops,

And boats on the ocean.

Shapes and shadows at sunset,

A moon with a view.

 

And I’d write trivial poems

Of snowfall and sunlight,

Birds singing at dawn

And the sounds of a stream.

 

There’s the lure of a skyline,

And skylarks above me,

Wine and wood smoke my welcome

At the end of the day.

 

To travel, to journey,

There’s magic in wandering

Over moorland and downland,

Through woods and through fields.

 

The world’s full of wonders

All waiting for wanderers.

Let me follow these paths

For as long as I can.

 

Five o’clock

I’ve been away from the computer for most of the last week, but now I’m back with a slightly longer poem than I usually write.

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At five o’clock the fire is lit.

Around the table we all sit,

With buttered bread and eggs and ham,

With cups of tea and cake and jam.

The idle talk is of the day,

The work now done, the latest play,

And ‘Anything to watch tonight?’

Or in the warmth and soft lamplight,

Perhaps we’ll read and play a hand,

Of whist, or bridge, you understand.

And ‘Don’t forget, at half past nine,

The radio – it’s music time.’

Then bank the fire, put out the lights,

The household settles for the night.

 

The heat blasts out in every room,

And lights and games and TVs soon

Take over so completely that

It’s pointless even trying to chat.

The sounds of gunfire, screaming cars,

Exploding buildings, and on Mars

The aliens armed with laser beams,

Are killed on several different screens

In different rooms by different boys,

With highly deadly killing toys.

The evening mealtime’s such a treat,

With pizza, chocolate, crisps and sweets.

Although it seems they all are eating

Different things at different sittings.

 

‘A cup of cocoa? I don’t think

That that will do, an energy drink

Is what I need, the evening’s young,

And there’s still much that’s to be done.

And if I cannot concentrate,

Upon this game, it’ll be too late,

The zombies will have won and then

I’ll go back down to level ten.’

It’s one o’clock, they still can’t sleep.

There’s not much point in counting sheep,

‘cause they’re all battery-powered toys,

Just so much electronic noise

And moving parts all running round,

And round and round and round and round.

 

I’m standing now beneath night skies,

Pale silver light from fresh moonrise.

I’ve walked for almost half a day,

It takes that long to get away

now, searching for a quiet place

Where I can pause and have some space.

I’m thinking how it used to be,

At five o’clock, the time for tea.

It seems to me that what we’ve gained,

Is not worth any of the pain.

And even more what we have lost,

We should have saved at any cost.

But anyway, now it’s just me

I have my flask, I’ll pour my tea.

 

Keep Watch at the Window

It’s October.

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That must mean it’s autumn. It certainly feels like it, now. So here’s a little poem for when the days are drawing in and it’s becoming colder and darker outside.

Keep watch at the window in the Westering light,

On the distant hill in the approaching night,

Under darkling clouds, over dew-touched heath,

Where the flowers of summer are now touched by death,

I’ll be coming home in the fading light.

 

Keep watch at the window in the fading light,

You’ll see me walking when the moon is bright,

My shadow before me coming down the hill,

My breath opaque in the air now chill,

I’ll be coming home in the last of the light.

 

Keep watch at the window in the last of the light,

When I’m weary you’ll see me come into sight,

Drawn by the firelight and the thought of wine,

By the thought of you; so glad you’re mine!

I’m home now, let’s shut out the night.

 

The (Shy And) Retiring Type…

A few days ago, I made the decision to retire from my present job.

It is something I have been brooding over for some while, and having a little time and space to think while I walked on Dartmoor last week enabled me to finally accept a decision I had really come to some time before.

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For a long time I have instructed groups in an outdoor environment, in activities such as climbing, canoeing, navigation and team building. As I have got older, though, I have naturally found these activities both physically and mentally more demanding. After all, when you are responsible for people’s safety as well as teaching them skills, there is an added pressure on everything you do.

A number of other stresses in my life over the last year or so have not helped, especially as they are still ongoing.

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So as well as a sense of regret, there is certainly a great feeling of relief. Regret, because I have had a huge amount of both pleasure and satisfaction from this work, which has carried me through those times when I felt it was becoming all too much, but relief that now it is time to call it a day, as I have reached the point where I know I cannot carry on for much longer.

I love being in an outdoor environment. It is why I choose to go to hills and woods and mountains rather than towns and cities, and this was instrumental in my deciding to teach these activities in the first place. But the obverse of that coin is that so often I am unable to really enjoy being there, since I am entirely focused on my group and the activities – which is how it should be, of course.

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One thing I shall look forward to, then, is being able to enjoy that environment every time I am there, without constantly having to check everyone is safe, or ensuring the activities are taking place as they should be.

While I intend to bring a greater focus to my writing, and also to my painting, I will also have to find something to bring in a little money for the next couple of years until I reach the state retirement age. I’ve no idea what that will be, yet.

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Essentially, I just feel burnt out. It is a very intensive job, in the way that care work, for example, can be, and I know it is the right time to go. Otherwise, there is the risk I will begin to run sessions that no one will want to take part in.

And that’s not the way I want it to finish. Far better that people should ask why I am going, than they should ask why I have not gone before now.

Starless and Bible-Black – Under Milk Wood by Dylan Thomas

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After my previous post, it seems entirely apt to post a review, today.

Writers rely upon reviews to sell books. To spread the word. And I am conscious how bad I am at leaving reviews – mainly because I’m not very good at writing them. But I Shall Try To Do Better!

To start with, this is the review I left on Goodreads some time ago for a book that is already very well-known.

This book begins, then, full of rich, playful language as it sets the scene and gradually introduces the players.

To begin at the beginning:

It is spring, moonless night in the small town, starless and bible-black, the cobblestreets silent and the hunched, courters’ -and -rabbits’ wood limping invisible down to the sloeblack, slow, black, crowblack, fishingboat-bobbing sea. The houses are blind as moles (though moles see fine to-night in the snouting, velvet dingles) or blind as Captain Cat there in the muffled middle by the pump and the town clock, the shops in mourning, the Welfare Hall in widows’ weeds. And all the people of the lulled and dumbfounded town are sleeping now.

I have heard poems by Dylan Thomas read by Richard Burton – the actor, not the nineteenth century explorer – and his warm, mesmeric, lilting tone suits the poetry like no other voice I could imagine. Now, I cannot read any Dylan Thomas without hearing it read in his voice.

(I want my work read like that. There is a man I know with a wonderful voice; mellifluous and rich and deep, like Burgundy and dark chocolate. Not Welsh, but very English, who I shall attempt to trick into reading one of my poems or short stories out loud, one day.)

So, to the poem, or play, if you will, for it is a play, first and foremost, told as a prose poem. The play is full of wonderful voices, the voices of a plethora of small-town characters; all of them realistically drawn with their dreams and vices and foibles, and depicted with great humour, but also with sadness. Sadness, for there is resolution for most of the characters, and for some their dreams come true, but others are disappointed.

All of these characters love and hate and desire each other, they reminisce, they have ambitions. In this play, they all have their day. In this place, each one gets to tell their story, or have it told for them.

From the very beginning, the language is rich like double cream and brandy butter; too rich, perhaps, for certainly by the time I had begun to near the end it had become too much. I found myself yearning for more plain, simple language. I wanted a few bread and water phrases.

But the words invite you to savour them slowly – in fact, they demand it. Perhaps the secret, then, is to read this little and often; to dip into it and immerse yourself in the language.

I really wanted to give this masterpiece four and half stars out of five, but without that option, I give it five, although with the caveat above.

A (Temporary) Farewell

I have decided to absent myself from WordPress World for a while.

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I frequently need to take a large step back from the world and give myself some time and space to re-charge my batteries, and also to think deeply about the importance I attach to whatever is going on in my life at the moment.

Those things that cause stress tend to assume a greater importance than they probably deserve to, while the things I do for my own pleasure tend to make me feel unreasonably guilty about giving them the time that others might want.

While there is so much going on, and so little time, I seem able to devote less and less of it to either writing blogs or following others. I have noticed I am leaving far fewer comments, and tending to skim read far more than I used to.

Clearly, I need a break.

But while I am doing that, I mean to write a number of blog posts without feeling under pressure to finish them by some sort of deadline, so that when I reappear I might have something to post that is worth reading.

Hopefully, I will be able to make progress on my book, short stories and poems.

And the odd painting or two.

See you later.

The Collector

Inspiration, writers’ block, ideas…I could write about all or any of these topics. Instead, I thought I’d simply post another poem – plus, of course, a picture (with far better weather than we’re having here) – and let it do the job instead.

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I’m a collector of images long stored in my memory,

A desert inferno of razor-sharp rocks.

A mountain breeze rippling an icy cold puddle,

Thick mists and thin soups, flowers, trains, and old shoes.

 

I’m a collector of memories, both mine and ones borrowed,

The harrowing journey, the lovers’ first kiss.

There’s betrayal and loyalty, flatulence, hope,

There’s a child being born, and a wolf at the door.

 

I’m a collector of stories, the stranger the better,

Believable, odd, and ridiculous too.

Close to home or historical, alien, fanciful,

Some to keep secret and some I can tell.

 

I’m a collector of moonbeams and of chance reflections,

A collector of sadness and bittersweet pain.

A collector of strangely shaped stones in a circle,

And dreams that tell stories I don’t understand.

 

New Year’s Essay, 2018

I rarely, if ever, make New Year’s resolutions. I feel that if there is something in my life that needs changing, then it should be addressed straight away, rather than leaving it until an arbitrary date in the future. Of course, for many people it acts as a focus or some other incentive to change old habits, although witness the number of gym memberships that never get used beyond, say, the end of January, and it becomes obvious that what many people need to change most is their resolve.

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Possibly jumping the gun a little with this photo…

As an introvert, I am very curious to know whether much of my behaviour is conditioned by my being that, or whether it is my behaviour that causes my introversion in the first place. It’s probably a ‘chicken and egg’ situation, of course, with both applying equally. My introversion is surely driven by those elements of anxiety, my inferiority complex and the depression I’ve always lived with, and, in turn, those things will be reinforced by my chosen introverted lifestyle.

But we are complex creatures. Like Harry Haller in Hermann Hesse’s excellent novel Steppenwolf, each one of us consists of many different personalities. Our characters will be made up of a mixture of the cultivated soul, the wild, untamed soul (the ‘wolf of the steppes’ in Hesse’s book), the dancer, the monk, the shopaholic, the miser…all those elements will be there to a greater or lesser degree. And alongside the Introvert exists also the Extrovert, even if this personality is rather repressed in my case. It is all a matter of balance.

It seems much worse in the winter, too. I am certain I am affected by SAD; it seems entirely logical that I should feel low when the weather is cold and grey and bleak, and perk up when the sun comes out. Perhaps we all do.

Yesterday, the weather was the pits. Cold, grey, and bleak, with added showers of freezing cold rain and a wind that cut through me like a knife. I really felt like crap. But today, I walked out under a clear blue sky, a bright sun glinting off the puddles and the grass rippling in a mild, gentle breeze. These are the moments I need to seize; to wrestle my soul back from the darkness. The moments I need to shake off the black dog and point myself towards the little things I can do to lift myself.

I remind myself that I have a published book that people have been nice about, therefore not all my writing is meaningless drivel. I have sold many paintings, and a lot of people have enthused over them. I can paint, and I don’t need to destroy them all. Family and friends do matter, and they do care about me. There will be warm, sunny days and expeditions.  There will be walks and bottles of wine shared. There will be wonderful books to read and interesting places to visit.

And so, I resolve to fight that bastard black dog for another year.