By Kathryn Page Camp
Obtaining a copyright is as
easy as getting the material out of your head and putting it down on paper or a
computer drive. The minute you put it in tangible form, it is copyrighted.
“Wait,” you say, “don’t I have
to register it with the government?”
No. You can, but you don’t have
to.
There is a $35 registration fee
for most textual works registered online, and the fee is higher if you do it
the old-fashioned way. If you register multiple manuscripts, both the time and
the money can add up.
Most copyright violators are
unintentional infringers who simply don’t realize that the work is copyrighted.
The easiest way to solve that problem is free: just add a copyright notice. You
don’t have to register the material or even publish it to do that.
So why would anyone register a
copyright?
First, registration provides a
record that you created the material, which tends to discourage intentional
infringers. Second, you can’t sue for copyright infringement until you have
registered your copyright. And if you register it before the infringement
occurs or no later than three months after publication, you can get statutory
damages. That means the court can award you money even if you can’t prove that
you lost any.
If you sign a book contract,
check to see who is responsible for registering the copyright. If you publish
an article in a print magazine or an e-zine, the magazine’s registration will
not cover your article if you retain the copyright.
I can’t tell you when to
register a copyright. That’s a personal decision. But here are the guidelines I
use.
1. Unpublished
manuscripts. Contrary to what many people believe, it is almost unheard of for
publishers and agents to steal material. Besides, you can’t copyright ideas and
the elements that flow naturally from those ideas, so registration does not
protect you if a publisher thinks you have a great idea but asks someone else
to write it. I have never registered my unpublished material.
2. Short
published items, such as blog posts. I weigh the time and expense against the
harm—emotional as well as economic—if someone steals the material. I also
consider whether a copyright notice is sufficient. A magazine article that I
intend to resell numerous times is worth registering. A blog post that I am
unlikely to reuse isn’t.
3. Longer
published items, such as books. For longer material that could reach a sizeable
audience, registration becomes more time- and cost-effective. Although the law
does not require registration, it does require copies of each hardcopy book
(including books published only in paperback) to be deposited with the Library
of Congress, and registration serves both functions. In my opinion, all
published books (e-books or hardcopy) should be registered.
For more information on
copyright registration, go to www.copyright.gov
and download the publication called “Copyright Basics,” which can be found
under the Publications/Circulars tab. One warning, however. The Copyright
Office’s publications stay close to the statutory language, so they do not
directly address blogs and other formats that did not exist when the laws were
written.
__________
* This is an updated reprint of a guest post I
originally wrote for the “Story and Logic” blog. It was first published in
2013.
__________
Kathryn Page Camp is a
licensed attorney and full-time writer. Her most recent book, Writers in Wonderland: Keeping Your Words
Legal (KP/PK Publishing 2013), is a Kirkus’
Indie Books of the Month Selection. Kathryn is also the author of In God We Trust: How the Supreme Court’s
First Amendment Decisions Affect Organized Religion (FaithWalk Publishing
2006) and numerous articles. You can learn more about Kathryn at
www.kathrynpagecamp.com.
Good information to know. Thank you, Kathryn!
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