cj Sez: Copyright law is a
thorny subject for anyone working in a creative field. When I recently read an
article by lawyer and author Susan Spann that answered a lot of my questions, I
thought my Lyrical Pens readers would also find the information valuable. Ms.
Spann has graciously permitted me to re-post her July 8 th “Writers in the
Storm” blog in its entirety.
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| Scot sea thistle |
“Busting”
Some Popular Copyright Myths
By Guest Blogger
Susan Spann
Copyright law can be confusing for authors, especially when it
comes to issues like when (and whether) to register copyright in a manuscript,
and what to do if you use a pseudonym. While authors need to understand the
basics of copyright, myths and disinformation abound (especially on the
Internet).
Today, let’s take a look at some popular myths (and truths)
about copyright in novels and other creative works:
Myth #1: You have to register copyright as soon as you finish
your manuscript.
False. Registration with the U.S. Copyright Office is
not a legal requirement for copyright ownership. Copyright attaches to
“qualifying works*” automatically at the time of their creation.
Copyright registration is intended to protect “published works” –
so authors shouldmake sure that their works are registered with the
copyright office within 3 months after initial publication.
(*Short stories, novellas, novels, anthologies, poetry, and similar
fiction and non-fiction works all generally qualify for copyright protection.)
Myth #2: A book is not “published” for copyright purposes if you
give it away for free, or if you self-publish.
False. Under the Copyright Act, “publication” means “the distribution
of copies . . . of a work to the public by sale or other transfer of ownership,
or by rental, lease, or lending.”
The Copyright Act does not require that a work be “sold” and does
not require any exchange of money (or profits) before the work can be
considered “published.” Also, the law does not distinguish between
self-published works and those published by a third-party publishing house.
Published is published.
Myth #3: Copyright registration offers authors some very real
benefits.
True! Copyright registration gives copyright holders
some significant benefits under U.S. law. Among them:
- The right to sue infringers to
stop infringement.
- The right to collect statutory
damages (money, in amounts set by law) from infringers.
- The right to recover attorney fees
against an infringer in a successful lawsuit.
Myth #4: If you don’t register the copyright before publication,
you can never register at all.
False. To maximize your legal rights in your work, the copyright
should be registered within 3 months after the initial publication date.
However, authors (or publishers) can register the copyright in a qualifying
work at any time.
You may lose some legal rights by filing more than three months
after the initial publication date, but others (like the right to sue
infringers) can be secured at any time by filing a proper copyright
registration
Myth #5: Authors should protect themselves by registering
copyright before querying agents or submitting their work to publishers.
False. (Unless the work is already published – which creates a
different set of potential problems.) The registration trigger
is publication, not queries.
Sometimes authors think they need to register copyright to
protect the work from being stolen by unscrupulous agents or publishers. To this,
I have one answer: Don’t query unscrupulous agents and publishers. Do your
homework and approach only reputable industry professionals. Reputable agents
(and publishers) don’t steal authors’ projects. It costs far less (and requires
much less risk) to offer a contract.
Myth #6: Traditional publishers always register copyright on the
author’s behalf.
False. Many do, but some do not. If you publish
traditionally, your contract state, specifically, who will register the
copyright. If the language isn’t there, ask for the publisher to add it—and if
you don’t know what language to ask for, consult a publishing lawyer.
Myth #7: Registering copyright is difficult, expensive, and
requires a lawyer.
False, False, and False. Most copyrights can be
registered online at the U.S. Copyright Office website (www.copyright.gov), and registration
normally costs less than $50. The website even has a step-by-step registration
tutorial that walks authors through the process.
And there you have it…a whirlwind tour of common copyright
registration myths and the truths behind them.
We now return you to your regularly scheduled summer fun.
About Susan
Susan Spann writes the Hiro Hattori
Novels, featuring ninja detective Hiro Hattori and his Portuguese Jesuit
sidekick, Father Mateo. The fourth book in the series, THE NINJA’S DAUGHTER, will
release from Seventh Street Books in August 2016. Susan is the Rocky Mountain
Fiction Writers’ 2015 Writer of the Year, and a transactional attorney whose
practice focuses on publishing and business law. When not writing or practicing
law, she raises seahorses and rare corals in her marine aquarium. Find her
online at http://www.SusanSpann.com, on
Twitter (@SusanSpann), and on Facebook (SusanSpannAuthor).
cj Sez: There was one more question that appeared in the comments following Susan's post, and I've included it here:
Myth: You cannot register copyright if you write under a pseudonym.
False: Authors can register copyrights in works written under a pseudonym, using the author's real name OR in the pseudonym itself. However, pseudonymous works that are not registered in the author's real, legal name receive less copyright protection (in the form of a shorter copyright term) than that given to works where the author discloses his or her real name at the time of copyright registration. (Note: copyright registrations are public record, so disclosing your real name when you register does mean people can find it, simply by searching the copyright registry.)
Thanks so much, Susan. I hope my
readers find as many nuggets in this informative post as I did. (Note:
I am a subscriber to WITS, and have bookmarked Susan’s blog for future reference:
You-all guys keep on keeping on, and I’ll try to do the
same.
cjpetterson@gmail.com
Deadly Star -- Kindle / Nook / Kobo
Excellent info! Thanks.
ReplyDeleteThanks, Kaye. I thought Susan did a great job with the info and was happy she allowed me to reprint it. Glad you stopped by.
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