What is a copyright?
A copyright is a type of federal protection for certain intellectual property that consist of "original works of authorship" that have been "fixed in a tangible medium" or form of expression. Or, in general terms, a work is copyrightable if it is creative enough to have an author (a word or short phrase, for example, could not truly have an author, since neither would be long enough to be considered unique or creative) and if it physically exists outside of someone's head (ideas cannot be copyrighted either).
A few examples of works that could carry a copyright are:
- Books
- Photographs
- Architectural drawings
- Graphic design
- Articles
- Website copy
- Movies
- Screenplays
- Sound recordings
Why should I copyright my book?
There's a lot of confusion and misunderstanding in the general public's knowledge of copyrights, and sometimes it's not always clear what constitutes copyright infringement. While the finer points of copyright law are quite nuanced, and you would benefit from taking some time and learning in detail about your rights as a copyright holder, it's important that you understand the basics:
- A copyright gives you exclusive rights to your work. Unless you consent otherwise, you are the only person in the world that can legally: reproduce the book; prepare derivative works based on your book, such as movies, sequels, or action figures; distribute the book; or display the book publicly.
- Just by the act of putting pen to paper (or fingers to keyboard, incidentally — the term "tangible medium" includes digital media as well as print), you automatically hold a copyright in anything you create. The book is automatically your intellectual property without having to lift a finger to make it happen, other than simply creating your book.
But in that case, you might say, I'm all set. I don't have to know anything more about this, if it happens automatically. However, it's not that simple. This brings us to our next point:
- If someone does infringe on your legal copyright, the only way that you'll be able to file an infringement suit in court is to register your work.
In addition to the legal issues above, there's another pragmatic reason to register your copyright: official US Copyright Office copyrights can be searched on their records database, which includes contact information for the copyright holder (if he or she opted to provide it). Some people don't want their home address to be public record, but you can choose to open a PO box or even provide an email address. If you register your copyright and include public contact information in that record, you'll make it easier for anyone who wishes to contact you to be able to do so.
How do I copyright my book?
To copyright your book, you must send the Copyright Office three things: your completed registration form, your registration fee, and a copy of your book (two copies, if its been published).
There are two ways to copyright your book: physically and electronically. If your book is an e-book, it obviously makes sense to register online by uploading a PDF or other accepted format. If you have only physical copies, you'll mail in your registration and application. In either case, you may complete the application part of the copyright registration online.
What if I've already published my book but I never copyrighted it?
Not a problem. Copyright registration can happen at any time within the life of a copyright (which is currently the life of the author, plus 70 years) and still be valid, though attorney's fees and statutory damages can only be awarded to the copyright owner if registration has taken place within three months (after which the copyright owner can only hope to receive actual damages and profits).
What if someone is infringing on my copyright?
You can send a cease-and-desist letter to your copyright infringer, but they are free to ignore such a letter. If the infringement is taking place online (for example, parts of your book have been uploaded and distributed), regardless of whether the infringement is making a profit or not, you can issue a takedown notice to the infringer's service provider. But if these efforts fail, or if you wish to regain any lost profits, your only recourse is to bring legal action against your copyright infringer.
What if I don't have a copyright notice on my book?
While slapping what is essentially a big warning sign on your material is widely regarded as a good idea, there are no legal requirements for a copyright notice to appear anywhere on your book (at least not since March of 1989, when the United States adopted the Berne Convention).
SOURCES:
- Chilling Effects, FAQ about DMCA Safe Harbor
- US Copyright Office: Copyright Law of the United States
- US Copyright Office, Search Copyright Records
Sarah Kolb - Business incorporation and copyright registration specialist. Freelance book editor. Senior content editor/writer.
