Copyrighting
Source: The US Office of Copyright www.copyright.gov
Copyright is a form of protection grounded in the U.S. Constitution
and granted by law for original works of authorship fixed in a tangible medium
of expression. Copyright covers both published and unpublished works.
Copyright, a form of intellectual property law, protects original
works of authorship including literary, dramatic, musical, and artistic works,
such as poetry, novels, movies, songs, computer software, and architecture.
Copyright does not protect facts, ideas, systems, or methods of operation,
although it may protect the way these things are expressed. See Circular
1, Copyright Basics, section "What Works Are Protected."
Copyright
protects original works of authorship, while a patent protects inventions or
discoveries. Ideas and discoveries are not protected by the copyright law,
although the way in which they are expressed may be. A trademark protects
words, phrases, symbols, or designs identifying the source of the goods or
services of one party and distinguishing them from those of others.
Your work is under copyright protection the moment it is created and
fixed in a tangible form that it is perceptible either directly or with the aid
of a machine or device.
No. In general, registration is voluntary. Copyright exists from the
moment the work is created. You will have to register, however, if you wish to
bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright
Basics, section “Copyright
Registration.”
Why
should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to
register their works because they wish to have the facts of their copyright on
the public record and have a certificate of registration. Registered works may
be eligible for statutory damages and attorney's fees in successful litigation.
Finally, if registration occurs within five years of publication, it is
considered prima facie evidence in a court of law. See
Circular 1, Copyright Basics, section “Copyright
Registration” and Circular 38b, Highlights
of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA),
on non-U.S. works.
The practice of sending a copy of your own work to yourself is sometimes
called a “poor man’s copyright.” There is no provision in the copyright law
regarding any such type of protection, and it is not a substitute for
registration.
The United States has copyright relations with most countries
throughout the world, and as a result of these agreements, we honor each
other's citizens' copyrights. However, the United States does not have such
copyright relationships with every country. For a listing of countries and the
nature of their copyright relations with the United States, see Circular 38a, International
Copyright Relations of the United States.
The Library of Congress Control Number is assigned by the Library at
its discretion to assist librarians in acquiring and cataloging works. For
further information, go to the Cataloging in Publication program website
at www.loc.gov/publish/cip/.
The International Standard Book Number is administered by the R.R. Bowker
Company. The ISBN is a numerical identifier intended to assist the
international community in identifying and ordering certain publications.
Bowker
is the ONLY official source of ISBNs in the United States.
www.Rowker.com:
1. Your most
important identifier
2. The global
standard for books
3. Required by
most retailers
Current (February 27, 2019) ISBN
costs:
1 ISBN $125.oo
10 ISBN $295.oo
Source: WikiHow
www.WikiHow.com
When you create an original
piece of writing, you automatically get certain property rights in that work.
These rights are called "copyright" and automatically attach to
certain works. If your work is copyrightable, it will be copyrighted as soon as
it is "fixed." Nothing more needs to be done to gain the protections
of the law. However, there may be certain reasons you want to register your
copyright and formally protect it well into the future.
1. Know the
purpose of a copyright. The primary purpose of copyright law is to promote the
progress of science and useful arts. In order to promote knowledge (scientific
or otherwise), copyright laws give you a temporary monopoly on the work you
create. This is intended to encourage you to produce even more.
Therefore,
while copyright law does grant you and other creators protection of your rights
to the work you have already produced, the primary purpose is to encourage a
continuing expression of new ideas.
2.
Determine if your work can be copyrighted. Copyright laws apply to "original works of authorship."[1] This phrase includes:
·
Literary works;
·
Musical compositions;
·
Dramatic works;
·
Sound recordings; and
·
Architectural works.[2]
3.
Recognize the rights associated with a copyright. When you own a copyright to an original work of authorship, you
have the exclusive right to distribute, reproduce, perform, license, and
display your work, and also to prepare secondary works based on your
work. [3]
·
Your rights to a copyrighted work are limited by the "fair
use" doctrine, among other things. [4] That
means that other people can use some or all of your original work for various
limited purposes including:
·
Criticism;
·
Commentary;
·
News reporting;
·
Teaching (in a non-profit school);
·
Scholarship; and
·
Research.[5]
4.
Your rights are also limited by "first sale", meaning you
cannot prevent others from reselling copies of your works, once you have sold
them. Many software products are therefore not actually "sold", but
rather "licensed" to end-users, often restricting the right of
further resale.
5.
Your right to prevent distribution of copies or public performances
are subject to other limitations, by statute. For instance, you may not use
copyright laws to prevent performance of your non-dramatic songs in a church
ceremony, or certain non-profit performances. You cannot use copyright law to
prevent someone from making a backup copy of computer software, provided they
follow the rules.
6.
Understand the time limit associated with a
copyright. When you own a copyright it does not last forever. The
length of time your copyright protections last will depend on when your work
was created and whether it was published. For purposes of copyright, a writing
is considered published when you make it available to the public on an
unrestricted basis.[6]
· Works
published in the USA prior to 1923 have no US copyright, other than certain
sound recordings covered by state laws until 2067.
·
For writings created after 1977, a copyright will last for the life
of the author (or last surviving author of a joint work) plus another 70 years. [7]
·
If your writing was a work for hire (meaning a writing specifically
commissioned under a written contract or completed as part of an employment
agreement) or is published anonymously, the copyright will last either 95 years
from publication or 120 years from creation. [8]
·
If your work was published after 1922 but before 1978, it will be
protected for 95 years from the date of publication, assuming it was published
with the required copyright notice and (if prior to 1964) was properly renewed
in the Copyright Office in its 28th year. [9]
·
However, if the work was created in this period but not published,
the copyright will last for the life of the author plus 70 years. [10]
·
Note that copyright duration in other countries varies, but is
generally not less than 50 years from publication or from the death of the
author, by treaty. Some may be 95 or 100 years after the authors' deaths. [11]
Copyrighting Your Writing
1.
Create an original work of authorship. Copyrightable written material includes not just literature
(novels, poems, essays, etc.) but also any work expressed in words, numbers, or
other symbols.[12]
·
In order to create something, it does not have to be written down
(or "fixed"). You can create an original work by simply thinking or
speaking about it. Mere creation, however, does not make something
copyrightable.
2.
"Fix" your original work. As part of the creation process, you will need to fix your
original work in order for it to be copyrightable.[13] In order to fix something, you must express it "in a tangible
form that is perceptible by the human senses either directly or with the aid of
a machine." [14] Furthermore, it must be permanent or stable enough to allow for it
to be "perceived, reproduced, or otherwise communicated for a period of
more than transitory duration." [15]
·
For example, a writing will be fixed when it is printed on paper or
when it is stored on a computer.[16]
·
Examples of works that are not fixed include speeches that are not
transcribed and live, unrecorded performances of music. [17]
·
In general, all you need to do is create a work of authorship and
write it down or otherwise record it somewhere. This will automatically create
copyright protections.
·
In theory, you do not need to own the original copy in order to own
the copyright. For example, if you publicly perform some original music and an
audience member records it, you own the copyright of that recording.
3.
Make sure you understand the limits of your
copyrighted original work of authorship. Some works or pieces of works are not able to
be copyrighted, such as the following:
·
Ideas;
·
Facts;
·
Works whose copyright term has expired;
·
Works of the United States Government;
·
Laws;
·
Works that authors have clearly and irrevocably dedicated to the
public;
·
Procedures;
·
Processes;
·
Systems;
·
Methods of operation;
·
Concepts;
·
Principles; and
·
For example, you might write a book that describes a new system of
bookkeeping. [20] Your
copyright protection would extend to your description of the
system but not to the system itself. [21]
·
Similarly, you may be the author of an original computer program,
including an HTML web page, but you only own the copyright for the parts that
are "creative" and "original", not the standard segments
necessary for the basic operations of the system.
4.
Determine when your original work is officially
copyrighted. Copyright protections will attach to your writing as
soon as it is fixed. [22] No copyright registration is needed to protect your writing, and
no fee is required.
·
Although registering your copyright is voluntary, there are reasons
you might want to take that step. [23] For
example, you must have registered your US copyright if you want to bring a
copyright-infringement suit against someone who is unlawfully using your
work. [24] You
can register your copyright at any time during the copyright period. [25]
·
Early copyright registration provides additional rights related to
statutory damages, allowing you to claim some amount of damages without
actually proving any.
5.
Learn about obsolete U.S. formalities of copyright notices and renewals. Before 1989, you
would have been required to provide notice on your written work in order for it
to be copyright-protected. [26] This notice was typically the copyright symbol ("©")
followed by a date of publication and the author's name. [27]
·
Lack of a proper copyright notice, including intentional
misstatement of the publication date, resulted in the immediate loss of
copyright.
·
Similarly, failure to file a renewal notice in the proper year, if
published prior to 1964, resulted in loss of copyright at the end of that year.
This is one reason the "Happy Birthday" song became public domain.
·
U.S. law no longer requires copyright notice upon publication. [28] A
written work, whether published or not, is now presumed to be copyrighted
unless the author or copyright owner clearly indicates to the contrary. [29][30]
·
To indicate that you will not enforce your copyright, you can note
on the work that it can be "freely copied" or words to that
effect. [31] As
noted in the cited reference, such a
disclaimer is effectively a license for the public use, whether or not
restricted by its terms (e.g., only for non-commercial use).
Registering Your
Copyright
1.
Complete an application. If you want to register your copyright, you must complete an
application online or by mail with the United States Copyright Office. [32] The easiest and most efficient way to register is online. To
complete an online application, log in to the eCO website. [33] You will be prompted to answer a series of questions until the
application is complete. [34]
·
The United States Copyright Office website has a great tutorial you
can utilize, which gives you step-by-step instructions on how to complete the
application. [35]
2.
Make the required payment. Once your application is complete, you will be prompted to check
out. [36] Before doing so you will be required to pay a fee, which is
calculated based on your registration preferences. [37]
·
The basic online registration fee ranges from $35 to $55. [38]
·
Specialized registrations will cost between $25 and $400, as
explained on the Copyright Office website. [39]
3. Send in
the work you are registering. In addition to filing your registration application with the
Copyright Office, you will be required
to submit to them a copy of your writing. [40] In the online
process, you will be prompted to upload a copy of your writing once you have
paid the fee. [41]
4.
Wait for your
application to be processed. Once it's
submitted, you can expect a response from the Copyright Office in approximately
eight months. [42] Once your
application has been processed, barring any problems, your writing will be
registered with the United States Copyright Office.
Questions
and Answers
1. Is mentioning some great personality's quote in
your work or book a copy right infringement?
·
No. Due to the
"fair use" element of copyright law, you are allowed to quote small
portions of another's work with proper credit and citation.
2. How much does it cost to copyright materials for a
workshop?
·
Nothing. As soon
as you create the materials, they are copyrighted. Simply place the copyright
symbol on your materials and it will work for protection. Registering your
copyright does cost a small fee, but is not necessary.
3. Do short stories require a copyright?
·
Require, no. Copyright is not assumed part of a short
story. As was described in the article above, your works are automatically
assumed to be copyrighted. You can place the copyright symbol with a date and
your name on the document so it can be seen, and you can register your
copyright with the government if you would like.
4. Do I need to copyright my poetry book?
·
It is a good idea
to copyright it so that no one else steals your work, but it is not a
requirement.
5. Can a
handwritten manuscript of poems be copyrighted?
·
Yes, it can. By definition, a
manuscript is a "fixed form" that became copyrighted when you wrote
it. You may submit a copy for registration of the copyright if it becomes
necessary to enforce it in the USA.
6.
If "no copyright registration is needed to protect your writing
and no fee is required," what is the purpose for the US copyright office?
·
A US citizen
cannot enforce a copyright in the US courts without a registration from the
USCO. Second, having a registration serves multiple purposes for future reference,
such as finding out whom to contact for a license, or to verify the copyright
duration. Finally, the USCO keeps copies of selected works in its archives at
the Library of Congress, in case anyone wants to view those works.
7. When I complete just one chapter of my book and the
rest is still a work in progress, can I copyright just that one chapter until
the rest is completed?
·
Your work is
automatically copyrighted as you create it in a tangible form. If you choose to
register the copyright of one chapter for a legal reason, you may do so.
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