What Is Public Domain, and What Does It Mean For Your Novel?

Two weeks ago I wrote a post titled Copyright Myths Authors Should Know About, and given how popular that post was I thought I'd follow it up with a piece about public domain. I'll explain what public domain is, how it works, and why that novel you're working on either is or isn't fan fiction, depending on the copyright of the original work.

So let's get started, shall we?

What Is Public Domain?

Public domain is a legal term used to describe a creative work (book, film, song, etc.) whose copyright either expired or never existed in the first place, thus making it something everyone can use. As a quick for instance the novel Dracula by Bram Stoker never had an American copyright, so the novel can be printed and distributed by any company looking to make a profit. If you want to make a movie based only off of Bram Stoker's novel, or write a story using those characters, then you my friend are good to go because there is no copyright for you to infringe on. You can get more about public domain's legal definition here at Wisegeek.

Public domain is what you get when you pull copyright's teeth.

How Do I Know If Something Is Public Domain?

Figuring out whether something is or isn't in the public domain can be difficult. Fortunately there's a handy list at Teaching Copyright which will show you how to identify whether something has lapsed into the public domain. As a general rule of thumb anything that's common knowledge (names, dates, and other facts), titles, common symbols, and everything published in the United States before 1923 are all public domain works. That includes classics like The Strange Case of Dr. Jekyll and Mr. Hyde, The Three Musketeers, The Invisible Man, Frankenstein, and thousands of others.

Sounds legit.

Before you decide to just start using a work because it's old though you need to check to be sure it's actually lapsed into the public domain. While you won't catch any flak for writing a high fantasy version of the Iliad, characters like The Shadow might still be owned by someone.

Why Use Public Domain Works?

One of the big questions people have when it comes to public domain works, settings, and characters is why would you use them? After all shouldn't you try to create something truly unique, and stand on your own two feet as an artist?

Clearly this mysterious questioner is unaware of the pull of fan fiction.

'Nuff said.

People like what's familiar, and as evidenced by Hollywood re-imaginings and re-boots are popular as hell. They also have a long and storied tradition, particularly during the pulp fiction era when multiple writers would use ideas and mention items from other stories. This created a weird, shared-author canon that led to creations like the Cthulhu Mythos which was begun by H.P. Lovecraft, but contributed to by his contemporaries in their own stories.

In some cases public domain works allow you to use an established world to tell a new story. Whether it's the deserts of Barsoom or the darkened streets of Arkham, Massachusetts there's a huge amount of world-building done for you. The rules of the cosmos, the politics of the land, even the timeline is set for you. Not only that but there's a built-in fan base. If you say the word "Cthulhu" people will immediately zero in on you and give you a chance to throw out your line. If you tell someone you're writing faithful cases for Holmes and Watson then there is going to be an interest even if you don't have Benedict Cumberbatch signed on with your project.

Public domain worlds and characters are some of the most often told stories we have. While you might not become the next bestseller writing a story about how Frankenstein's monster and Edward Hyde had to team up to fight a legion of resurrected corpses possessed by demons and led by Jack the Ripper I guarantee you that book will turn a few heads. Before you get started though make sure that the characters as well as the work are public domain. Some of Bugs Bunny's earliest appearances are public domain for instance, but Bugs himself is a trademarked character which means that despite a few episodes of his antics being free for all he himself remains off limits.

If you'd like to support this blog then make sure you stop by The Literary Mercenary's Patreon page and become a patron today! Even $1 a month can make a big difference when it comes to producing the best content for you. Also if you want to make sure you catch all of my updates make sure you follow me on Facebook and Tumblr as well!

Tips and Tricks For Writing Realistic Romance Novels

Relationships aren't easy; ask anyone who's had a few, and I guarantee you that there are going to be one or two horror stories in their repertoires. So why do we keep going back time and time again? Is it because we as human beings are social creatures, and thus we need to feel the strong bonds of community, friendship, and love? Is it because of the huge dopamine rush that makes seemingly reasonable people turn into giggling fools with how happy they are? Is it because no matter how hard and cynical we are it's impossible to deny the appeal of a couple who makes it through all the dark things in the world and remains in love?

It's all of that, and a few other things besides. That's why romance exists as a genre, and it's why it consistently has high sales. People as a species are compelled toward these stories, and it's why authors will not stop writing them.

It's also why fan fiction writers are never going to stop doing... all those things they do.

This week's entry is not here to tell you to stop. All I'm hoping to do is guide other writers past the bigger pit traps in the red road, and to help you all improve your stories so they can be the best they can be.

Savvy? Savvy.

Tip #1: There Is A Fine Line Between Fiction And Wish-Fulfillment

One of the most common critiques I've read (and keep in mind that my reading in this particular genre isn't as extensive as my reading in, say, horror or sci-fi) regarding either romance books or books with heavy romantic themes is the trend toward wish-fulfillment. You could argue that all fiction is just wish-fulfillment, but according to this entry at TV Tropes this term specifically refers to instances where the author sacrificed good plotting, deep characterization, solid pacing, etc. in favor of making a story work out the way he or she wanted it to.

This was clearly written for spatulas who want to believe they can get with knives. Juvenile.

Let me be clear; you're the captain of this ship. If you want to drive it into an ice berg or slam it into a coral reef, then that is your prerogative. However, it is your job as the storyteller to craft a tale that is satisfying, well-written, and which doesn't have any obvious flaws in it.

Let's provide an example of wish-fulfillment, shall we? Let's say that a man decides to write a romance novel. He himself is a hopeless romantic who's had a very spotty record with women, so he decides to write what he knows. Throughout this novel our lead bumbles his way through encounters with beautiful women who are quickly won over by his awkwardness, and develop strong feelings for him. He's trying to choose one of them, but the ladies all get together and decide they love him enough that they will share him with no strings attached.

Sounds a bit gag-worthy doesn't it? It does... but it's also very ham-handed. Most wish-fulfillment is a bit more subtle. For instance, isn't it weird how the motorcycle-riding werewolf millionaire just happens to fall madly in love with the frumpy, middle-aged recent divorcee? Or how the clueless guy who just broke up with by an admittedly manipulative girlfriend just happens to fall right into the lap of a new, beautiful woman who's secretly been admiring his horrible poetry on the Internet for years?

I don't usually say this, especially not on this blog, but some prices are too high to pay for your integrity. That said, there's nothing wrong with writing character with attributes you understand (or that you embody... some might argue Stephen King has made a career out of this). It is sometimes helpful to take a step back and ask yourself just who it is you're really writing this story for/about though.

Tip #2: Don't Skimp on Details

You have no idea how long it took to get to this point.

A common misunderstanding about romance is that it's easy to write. Guy meets girl, guy screws up and loses girl, guy comes up with crackpot plan to get girl back, they kiss, bam! Run spell check, pour a drink, and wait for the royalties to start pouring in.

Trust me, if it was that easy I would be writing this blog on the wi-fi hookup to my personal satellite from the rear deck of my yacht.

Romance is, no joke, the third-hardest thing to pull off in a story (the first is making your readers cry, and the second is scaring them hard enough that they have trouble falling asleep). With romance we're getting out into deep water, where you have to figure out emotional and psychological intimacy, personal bonds, lifelong dreams, and personal preferences. You need to know your characters' fears and desires, what relationships they've been in before this, and what it takes to really make them fall hard for another person.

That's deep stuff, and it isn't easy to realize in your story. It might be tempting to take short cuts. Short cuts like:

- Physical Desire He's handsome, she's gorgeous, what's not to love? Feelings, schmeelings, get to the good part!

- Hand-Waving Backstory No, really, they're totally in love! All that getting to know each other and courtship happened at some point in the indeterminate past. Oh, and they maybe broke up before, but knew they shouldn't have, because they're still in love!

- They Were Meant For Each Other Sure he's a vicious, blood-drinking creature of the night and she's an avowed monster hunter who's been fed hatred since she was born, but it doesn't matter because they were fated to fall in love!

- Because That's How The Story Goes Just look at all the things he's done for her! She's got to love him at this point... what else could she do?

- That's Just Fucking Adorable! Meet cute. So... much... meet cute...

There are other tropes, but these are the ones I'm the most experienced with. What I am not suggesting is doing away with any of these (okay, the fourth one can be thrown in a boiling lake to die screaming). What I am suggesting is that you take a step back and look at what you're asking the audience to believe. Is asking the audience to believe that an FBI investigator can find a career hitman charming and ruggedly handsome unbelievable? No, of course it isn't. Is asking your audience to believe that said agent would throw away any sense of propriety and procedure to have sex with said hitman while he's in interrogation unbelievable?

Yes. Yes it is.

I'll give you a fix, and I'll do it by using a few the tropes above just to prove they do have their places. Let's say the agent and our hitter grew up in the same neighborhood, and they were close friends as kids. They fought the same bullies, had the same classes, and read comic books on the weekends. At graduation our hitter kissed our agent, who was so shocked that he never spoke to his friend again (Yes they're both men in this scenario. That's diversity, deal with it). Our agent went on to college, but his friend was heart-broken by rejection and got mixed up with entirely the wrong crowd. A tough guy who wasn't afraid to to rough work, he helped a small gang grow bigger by drilling the boss's enemies. The boss is growing too vicious, and our hitter wants out. He contacts his old friend, and for a while things are a bit cool. Our agent is struck by his old friend's appearance, from his sleek physique to the sharp way he dresses. Just as the agent is about to open up about all the things he wished he'd said back then, our hitter tells him that he's in trouble and really needs his help. Yearning, danger, desire, and the knowledge that one wrong move could get both of them killed.

That's fucking romance!

Romance is more than the sum of its parts. Physical desire is important, but so is trust, friendship, and sacrifice. If it doesn't cost you anything to love someone (fear of rejection, personal safety, the looming shadow of monogamous commitment, knowing that you're painting a big target on your lover because you have merciless enemies) then there's nothing to give that romance any real flavor.

Tip #3: Romance is About People

Yes, even this guy.

It goes without saying, but it needs to be said anyway; romance is only as compelling as the people involved in it. You know why I decided to put the two lovers on opposite sides of the law in my previous example? Because Americans love their heroes, and they take most of their heroes from the criminal classes (famously said by someone who may have been Oscar Wilde). The rest of our heroes we tend to take from other dangerous professions like law enforcement, bounty hunting, fire fighting, and cow punching.

Seriously though, would the above story of estranged friends overcoming their differences and becoming lovers still work if one was an accountant and the other was a bar tender? Sure it would, because the elements that make the romance work (desire, budding trust, friendship, etc.) are still present in the story. Would your readers still be interested in the relatively boring romantic exploits of people with work-a-day jobs realizing that some things really do come back after you've let them go?

Maybe. But I'm pretty sure more folks want to hear about the shoot-outs, car chases, and undercover stings.

This is one reason in my view that villains and anti-heroes get so much play; they're compelling, and typically more so than the heroes they're placed opposite of. Raoul Chagny is handsome, dedicated man, a decorated soldier (in some versions of Phantom of the Opera), and he's willing to risk death, dismemberment, and worse to save Christine from the Phantom. Erik, the Opera Ghost, is more than twice (sometimes triple) Christine's age, and is a psychologically unbalanced murderer who attempts to blackmail Christine into staying with him in a dungeon that looks like something out of a 19th century production of Saw. To the surprise of no one Christine leaves with Raoul.

Ask fans of the stage production, the novel, or the pulps, and you'd be hard-pressed to find any fans who don't wish, deep down, that Christine had stayed with the Phantom. Why? Because he's interesting! Mr. Fantastic is a genius who accidentally gave his wife Sue Storm, her brother, and his best friend superpowers. That's cool, but Victor Von Doom is king of his own country, posses a similar level of intellect, has old world manners, a sweet suit of armor, and actually seems to notice Sue instead of constantly being wrapped up in his next big experiment. Romeo and Juliet weren't just two teenagers with authority issues; they were the prized children of warring gang lords who with every kiss were leading the city closer to violence and bloodshed.

You see where I'm going here? Anyone can fall in love; it happens every day. If the people romancing each other aren't very interesting though, then your readers are going to set your book aside and stop reading.

This was where this section previously ended, but I felt compelled to put something else here.

The couple that plays together, stays together. While some of you might be snickering thinking that this is where we discuss how much sex you should have your book, that's now what I'm talking about here. What I'm using this phrase for is to explain that no matter how cool, interesting, or awesome your characters are, they have to have some believable connection for their romance to feel real.

Let's go back to that millionaire werewolf biker and the recently divorced housewife. Why? Sure it's a nice fantasy; a beyond-amazing man sweeps an average woman off her feet and makes her the center of his mystical, dangerous world. But why does he feel that way about her? What do they do when they aren't making love in the woods or riding down the highway? Does she have a lifelong passion for Harleys, but she had to give up riding when she got married? Is she a nature freak who knows every inch of the woods and valleys around town? Is she an amateur folklorist, as curious about his world as he is about hers?

My point is that while the dopamine rush is all well and good, it does not a romance make. Your job as the author is to convince your readers that no matter how outlandish the couple you've created is, that their love is real. Why does the centuries old vampire fall in love with a 26-year-old girl? Because she's bold and unafraid of him and what he represents? Does she make him remember what life was like when he was young, virile and alive? Is she really good at chess, giving him a genuine challenge for the first time in 150 years? Why does the gently-born princess love the scarred barbarian? Is it because he treats her as a woman, and not as the idea of nobility? Is it because he shows her a world she's never known before? Or is it knowing that she's lived more with him, and he with her, than either of them have done before they began their adventures together?

These are the building blocks you should be thinking about. Big or small, romances are built on lasting traits and shared desires. Whether your couple likes the same video games, is passionate about the same causes, or works in the same profession, that brings them closer together. Opposites may attract, but new rubs off pretty goddamn fast a lot of the time.

So, to Sum All This Up

Here's the short version; if you're going to write a romance novel make sure that you present the relationship in a believable light, that both of the participants are interesting, and that the audience gets invested in their love. Don't rely on cheap tricks and titillation to keep your audience turning pages, and don't be afraid to roll up your sleeves and get into the nitty gritty parts of this budding relationship.

If you can do that, you too will have readers say things like, "I thought it was great! I didn't feel like I was reading a romance story at all."

Yes people will say this to you. Yes they think it's a great compliment. Thank them, sign their books, and be glad that you have fans.

As always, thanks for stopping in at The Literary Mercenary. If you'd like to support me, my work, and this blog please stop by my Amazon author page (located on the right hand side of the page), leave a small donation in the "Shakespeare Gotta Get Paid, Son" tip jar on the upper right hand side, or drop by my Patreon page and become a patron today! If you'd like to stay up to date on my latest posts and projects then just put your email in the followers box (again on the top right), or follow me on Facebook, Tumblr, or both!

The Mary Sue: What It Is, And How To Avoid It

A quick announcement before we begin; the new anthology Shadows of a Fading World from Long Count Press went live today. This collection contains tales of dying worlds, and among them is my story "Paths of Iron and Blood". If you're interested, check it out here on Amazon.

Now then, where was I? Oh yes...

The Mary Sue

Mary Sues; even if you don't know the name, you know these characters. They're the youngest, the smartest, the prettiest, and they just have the cutest eyes and the most tragic back stories. Everyone loves them, and those who don't hate them only out of jealousy and spite.

These characters are, no exaggeration intended, the things editors see in their nightmares.

And this. Editors have nightmares about this.

Some authors strain with every fiber of their being to avoid creating these types of characters. Some of us are in denial about the problems with our own, imaginary children and won't see them until beta readers set our manuscripts on fire on our front lawns in protest. To avoid this, there are some easy ways to make sure all your characters, not just your leads, avoid becoming one of these shallow gateways to wish fulfillment.

Step One: Take the Test

There are dozens of tests out on the Internet which can give you feedback on how much of a Mary Sue your character is or isn't. One of the most reliable tests I've come across is the Universal Mary Sue Litmus Test, which can be found here. Running your character through this test should always be your first step, even if you're positive he or she is clean.

Step Two: Scrub Off Some of The Special

Your characters are not beautiful, unique snowflakes; they're people. Every person, and every character, has a list of abilities, skills, and a history that's led them to become who they are in this moment. Even the waiter whose name we never learn on page 75. However, if your character is a little too remarkable for the world you've created, a lot of readers are going to get turned off right quick.

Guess which section is responsible for this?

Here's a little history lesson for you. The Mary Sue, according to the eminently reliable source of a Wikipedia article, is the direct result of Star Trek fan fiction. The actual character by the name of Mary Sue was created and published in the fanzine Menagerie #2 in a 1973 story titled "A Trekkie's Tale". This story set out to deliberately show how ridiculous a fifteen-and-a-half-year-old lieutenant, the youngest and brightest ever to graduate from the academy and to be given a field commission, was. This story was in response to a huge number of tales with similar self-insert characters who, despite their youth, were precocious enough to save the day in addition to getting in bed with canonical, adult-aged characters.

Firstly, I'm sure there's a regulation somewhere against that kind of thing in any navy. Second, no.

So, if your character scored too high on the Mary Sue Litmus Test (again, you can and should take it here), then you need to look at what makes him or her too special. Is the character too young to be established in a certain field? Does the character have impossible-colored hair, eyes, or other features which mark him or her out as obviously special and different? Has the character mastered some skill or discipline uncommon to the world, such as being a disciple of an ancient martial art known to a chosen few or being one of the most naturally talented spellcasters in existence?

Whatever it is, ask yourself if it's necessary to the character. For instance, does your lead have to be an ex-special forces soldier, or would simply being someone who served in the military do? Must this character have pink, blue, or fuchsia hair, or is it a minor, cosmetic thing that can be done away with without altering the story?

Step Three: Make Your Character Work For It

When you watch a lead guitarist shred on stage, an expert marksman put two rounds right next to each other at a half a mile in a high wind, or hear about someone who climbs buildings like a human fly, you see something amazing. What you don't see is the countless hours of practice, training, study, blood, sweat, and shouted swear words that went into that final product. You need to make the reader aware of how your character became what he or she is.

All right wuss, if you make good time I'll take the razor blades out of the grips.

That said, do not, I repeat, do not just list a character's bona fides up front; instead, show them gradually to the reader. I did a post about this here too, but examples always work best. So, say you have a character who is the most talented sorceress the realm has ever seen. Magic comes naturally to her, and she's able to weave spells that should be years beyond her with nary a thought.

That's boring. Even if a character is born with talent, that talent has to be beaten, hammered, and refined into real world skill. Anything worth having takes work.

Take the same character and the same power set, but this time show how hard she worked to be where she is. Have her use jargon unique to magic, and show how intimately she understands the process of manipulating the power. If she does it naturally, treat her more like an athlete than an academic. Point is, she's had to refine what she does to be that good. More importantly though, you need to show us how attaining that level of mastery has marked her worldview and her skill set. Perhaps she can weave fire with a single breath, but does she know how to dance? Maybe she can call lightning from a cloudless sky, but does she understand how to relate to other people? Especially people who don't see the world in terms of elements and power, but rather in terms of growing seasons and harvests?

By dedicating a character so fully to achieving mastery of one area, she has had to sacrifice learning in other areas. She may find it hard to understand the viewpoints of those who are not as learned as she is, or who can't perform even simple magic. You see this in everyday professions as well; what people do shapes their perceptions of the world. Police officers, even when they're off duty, pay attention to faces and movements just in case something goes wrong in their presence. Medical professionals may find it impossible not to see people as collections of tissues and bones, or symptoms and issues, even when they're at home or at a party. By showing us where a character lacks, we find it easier to accept where he or she succeeds.

Step Four: Take the Test Again

I already gave you the link twice. You're not getting it again.

At The End of The Day...

It's important to remember that not every character who looks like a Mary Sue really is one. Run characters like Batman, Morpheus, Doctor Who, and a dozen others through the test, and they'll be rated as irredeemable Mary Sue characters. People love them despite that rating, and they're all million-dollar institutions.

Why, you might ask? Is it because deep down people really love over-powered escapist fantasy? No. The reason any characters with ridiculous powers and trope-laden backgrounds are popular is because they're compelling. They have depth, emotion, and they suck the readers in. It's also very clear that these characters are their own people; they aren't just super-powered stand-ins for the author, the reader, or anyone else.


As always, thanks for dropping by the Literary Mercenary. Your patronage is appreciated, and if you want to help a little more feel free to drop by my Patreon page, or by clicking the "Shakespeare Gotta Get Paid, Son" button in the upper right hand corner. As always, feel free to follow my latest doings on Facebook or Tumblr.