5-Minute Copyright Guide for Self-Publishers
Most people think of copyright as the province of lawyers, big publishers with legal departments, and plagiarism trackers.
But every self-publisher needs to have a little information about copyright and the way the law works in the United States. Okay, I promised this would take 5 minutes, so let’s get started.
Basic Copyright Information You Should Know
Copyright is a form of intellectual property protection. It is based on the US Constitution, and by law grants protection to original works fixed in any tangible medium of expression. Copyright covers both published and unpublished works.
You do not have to apply for copyright from any authority. The United States government does not issue copyrights. Copyright law provides protection against others who might claim your work as their own or seek to profit from your work without your permission.
When you create something original and arrange it in a way that others can experience (for example, writing a story that others can read or painting a picture that others can see), your work is protected by copyright from the moment it is created. . .
Copyrights protect original works of all kinds, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer programs, and architecture. He will protect a greeting card he wrote and the song he created for a school play.
Not everything can be protected by copyright
Copyright does not protect facts, ideas, systems, or methods of operation. However, a book or operating manual that explains these ideas, systems or methods will be protected.
As publishers, it’s important to know that you can’t copyright your book title. If a title could be considered a trademark, you can use the trademark system to try to protect your title, but it will be an expensive, long and uncertain process, and you may be denied trademark protection.
Some copyright issues
How is copyright different from patents or trademarks? Copyrights protect original works of authorship. The patent protects inventions or discoveries. Ideas and discoveries are not protected by copyright law, even if the way they are expressed is. A trademark protects words, phrases, symbols, or designs that identify goods or services. The FedEx logo is a registered trademark providing protection. It is not copyrighted.
What is copyright registration? There is no requirement to register your copyright, which exists from the moment the work is created. Registration is a service provided by the Library of Congress as a means to register copyright claims. If you ever have a dispute about your copyrighted work, your best evidence will be the record you made and the date it was entered, to show that you are the creator of the work.
You definitely want to register your copyright, although it is not required.
- The copyright registry will put your copyright facts on the public record
- You will receive a registration certificate.
- In the event of a dispute, your copyrighted work may be eligible for legal damages and attorneys’ fees.
- If you register your copyright within 5 years of publication, it is considered prima facie evidence (evident from the record) in a court of law
Can’t you just mail your manuscript to yourself? This practice has been used for many years as a kind of “poor man’s copyright”. Unfortunately, there is no provision in copyright law for such protection — it is not a substitute for registration.
Is my copyright valid outside of the United States?
The United States has copyright relationships with most countries in the world, and as a result of these agreements, we respect the copyrights of the citizens of each. However, the United States does not have such copyright relationships with all countries. For a list of countries and the nature of their copyright relationships with the United States, see Circular 38a, International Copyright Relations of the United States.
Well, there you have it. Considering the amount of time, effort, and imagination you’ve put into your book, it makes sense to take the simple step of registering your copyright. Just like putting a category on the back cover of your book, or getting your ISBN correct, this is another detail that self-publishers need to attend to.
In a future post, we will discuss the rather thorny topic of fair use. In the meantime, if you have copyright questions, it’s best to consult a lawyer, and I’m not a lawyer. For more detailed copyright information, visit the US Copyright Office website.