Asking Permission

Dick my boss told me decades ago

        "Easier to ask for forgiveness

              than for permission"

as we spent millions of

     dollars of

someone else's taxes

      without asking

only telling

Today authors jobs

       tough as nails

 'cause every word  or lyric's

        been hashtagged before

and our job to twist them

         to make our own

With 17 million books

       on Amazon today

over 300k published new

       annually

and that's just here

With tweets and captions and bon mots and sayings

       quips and quotes and sound bites galore

who could ever be sure

       it hasn't been said before

I can't

So Google is best bud, my pal, my friend

And when I find

      words from someone else

I want to ask permission

      really

But none tell you how

      not even a tweet

how to obtain

       a Right to Use

so I can make a few bucks

       using mostly mine

and fewness of their's

Writing letters to the Editor

       the Times called and asked

for sources –

       never did in past editions

Publishers and editors

       demand the same

every one

       before they'll print

commercially

When once found

       these original sources

only delay response

       perhaps emails back and forth

"How many words (do you intend to use)?

        and they have hidden magic price lists

they won't share

"Six bucks per copy

       for 3,000 words."

And I don't know

       if Mister King or

only Simon & Shuster

       keeps the dough

And the delay

       rather than money

kills the project

       unless self-published

So that's just what I'll do

       and to hell with you

who create deep bottomless

       hell pits

Sue my LLC if you

         care too

Original prose poem by Rodney Richards 7-4-15

Author's note: Based on true stories

Playing Fair with Music Lyrics

There's only one way

      to publish favorite lyrics

for money

      and that's critical review

according to Copyright Act

      section 107

What's said and used must

       be transformative

not merely derivative

        according to U.S. courts

If changing Woo Hoo, woo hoo hoo

        from the 5, 6, 7, 8s

to Wooo Whooo, Wooo Whooo

        that's merely derivative

But if saying "I never heard

        such a stupid thing as Woo Hoo,"

that's opinion

        which can't be challenged

Even tho

        I've probably called it out

once or twice hailing a friend

        but women seem to do that

more than men

        or is it "You Who?"

Whether publishing opinion

       for commercial gain

or not

So here goes, although

       admitting I hate

criticizing popular music or

       classic rocks favorites

Don't like callin' out

       musicians and singers

they work hard and good

        at what they write and sing and play

so deserve their

        sweat from labors

and box office proceeds

Sing along and hum and tap with

       Billy Joel and the

       Beatles and

Stones songs for three

Each free on MS Media Player

       every morn

But can't sell any, any, lyrics

      to make money for me,

that would be illegal

      would get sued for sure

because record labels and Tom Petty

       are ruthless

They sued Robin Thicke

       and Pharrell Williams

just to name two who lost

       over three stupid notes

to "earn" free money for

       lawyers and studios

Publishing one's exact words

      a big "No no"

causing loss of assets

      for sure

as other writers horror stories

      by Writers Beware shows

We're forced to ask some

       unknown or most popular

author or publisher for

       permission

Hard to get easily

      for all the hullabaloo and

          woo hoo,

these assholes cause

Original prose poem by Rodney Richards 7-4-15

Writing is a Process

What isn't a process?

There are instants, as in "Johnny get away from that hot stove this instant!" or moments as in "She took a moment to gather her wits," or even periods as in "The class period ended with the bell." And ages and epochs, and hours, days, weeks and months, and cycles and eons and years. All terms used to describe time: 

"Time flies. Time waits for no man. Time heals all wounds. All of us want more time. Time to stand up. Time to grow up. Time to let go. Time is money. Time well spent." - Unknown quotes And because there is time, everything is a process. A process of change from one moment to the next, from one state to another, from one form to a different one. Change and time the two constants in this universe, because even the sun will explode or collapse eventually. Both constants yet ever-moving. PROCESS n. 1. a systematic series of actions directed to some end. 2. a continuous action, operation, or series of changes taking place in a definite manner. Writing is a process. Every story has beginning, middle and end. Or at least implied. Every written word, phrase, sentence, paragraph and links of paragraphs has a purpose, a point, a resolution or climax. Except life as in creation, without end; not as in our own that are finite, end-able in an instant or months or years. And life, and time and change are action. Constant motion. Even standing still is to feel the Earth spin under one's feet. And writing, good writing, is showing action or leading to action. Every page of a good book either showing or leading to action. For nature abhors a vacuum, abhors nothingness, there must be something in motion, moving ever-forward without end. Even our finite lives without end if we believe. And good writing is believable, trustworthy, honest and, and ... what you the writer make of it and what you the reader make of it. Always combining writer and reader, reader and writer seamlessly back and forth, forth and back, heading toward some systematic conclusion, even if hidden from mortal eyes and ears and hands and bodies but not from hearts and minds and -- feelings. Good writing is action of mind, body, spirit, heart and emotion,

How to Trademark Properly

When I started my publishing company in 2012, I thought I should have a trademarked name to identify my writings - books, ebooks, articles essays, etc. I thought it was a good identifier for my style of writing and chose a name representative of my major life theme. After two years of futzin' through the USPTO's technical and legal language, I have to tell you, they don't make anything clear.

I have technically ABANDONED my original name, a. because I thought I knew what I was doing yet didn't read the fine print, and b. their website pages are sometimes clear, but too often muddy, vague and unclear.

For example, let's say the name was "Rod's Writings." 
First I did a free trademark lookup and it wasn't taken. Good.
Second I logged into their TEAS system and filed an application. An electronic signature was all that was required and that passed.   

Then it went to a very nice USPTO lawyer for review and approval on its way to getting "registered," That required filing A Statement of Use specifying that I planned to use this name "Rodney's Writings" in my publications commercially. During that process I had to choose the categories of my publications so I chose Class 009 for ebooks etc, and 016 for hard/softcover works. Easy enough. I completed all my contact info, paid $250 each per class, and the process was over. I thought.

I thought that was it until I received by email a Letter of Action against my filing for non-compliance. This started me down the rabbit hole trying to correct whatever problem 'they' had found. 
I couldn't find a specific reason why my filing was deficient. Could it be because I only published in class 016 so far, and not in Class 009? I couldn't be sure after intensive site readings.I pondered releasing my obsolete book as an ebook and all that would entail, but then received a "Notice of Abandonment, and it was recorded and publicized in the Federal Register!  

However, I found a webpage that said I could "Revive" my application by paying an additional one hundred bucks. This was getting expensive, But I was willing to do it to save my $500 I'd already put out. However, scanning the USPTO website, I still wasn't certain what they required. So very confused, I emailed my congressman Chris Smith, who's office has been very responsive in helping to straighten the mess out. Too bad however, that if they wrote to USPTO for an explanation, USPTO had 45 days to respond, well past my deadline for filing a "revival." By this time I only had days to respond.

But Smith's Office pointed out a Tech Center number to call which I did and was switched to the USPTO. There I was told to file a revive notice or it would be lost. That was no help. So I went online and filled out the Petition to Revive Form online, which meant answering very unclear questions. But I did, got a "Confirm" button to click and pay, and entered credit card data.

Boom! "Error 99 Failure" I tried another valid credit card and Boom! again. I called Tech Support, held for 10 minutes then finally hung up clicking the ebusiness Tech Center link on the failure page for help. But guess what? That number/site is no longer in service! 

So, in desperation I called the lawyer, a real nice guy, who actually answered his phone personally on the first ring. We chatted. I tried again. No go. Called him back but this time I pumped out more info. For one, I had to have published a "series of books" for the trademark to be effective. Who knew that? They didn't make it clear I can tell you.

Second, the lawyer said it had been over two years and the application could not be revived. Ever. Deadlines had been passed unbeknownst to me. And another thing, did you know that during the trademark "process" you can only use the symbol TM next to your name? Yeah, that was a secret also.

Frustrating, yes. A waste of money, time and effort, Yes. But now that I know, I'll do it all right when my second book is ready for publication, no big deal.

Oh, the good part, I almost forgot. The USPTO has reduced its trademark fee to only $225 each.
We'll see how long that lasts.

Good luck, best, Rod