Pro-Tip: Copyright

3 Feb

Copyrighting is the legal process of filing your original creation (literary works for the purposes of this discussion) with the U.S. Copyright Office (or the office responsible in your country). This process of registration is the only way to fully protect your original content. By virtue of creating a text, saving it on your computer and/or keeping handwritten originals, publishing online through a blog or other platform, and/or publishing electronically or in hard copy for sale, the work is copyrighted in your name (or the pen name/alias used when publishing it) just because it exists. However, the only way you can pursue legal action against someone for violating your ownership of the text is if it is formally registered with the U.S. Copyright Office. Only a registered work can be defended in court.

Many people think copyrighting their work is difficult, expensive, and requires a lawyer’s assistance. Not true (at least not always). Now, take this information with a grain of salt, as it’s reflective of my own self-publishing experience, I’m not a lawyer, and certain projects cost more and risk more than my fiction novels. However, I’ve copyrighted two of my own projects so far, spending $35 each, and find it to be one of the easiest parts of the publishing process. I log in, choose the online form for literary works, answer the questions that determine whether my project is eligible for online registration (my type of texts-a single item, novel, with a single author/owner-always are), fill in information about the novel and my personal/business information, pay, and submit the text as an attached word document.

If you’re ready to start this process for your novel or other text, go to the U.S. Copyright Office website and make sure your text belongs in the literary works category. Then, begin the online application by clicking “Register a Literary Work” under the eCO section on the right side of the screen.

To file, you must be the creator/owner of the work or the legally responsible agent for the piece (meaning publisher, agent, lawyer, or other responsible party that has the author’s permission to file for and/or hold the copyright). In my opinion, it’s best that authors own their own copyrights. It gives more control over your intellectual property. This won’t always be a possibility in certain publication scenarios, so decide the level of involvement and ownership you wish to maintain as author before signing anything for anybody.

If you decide to proceed with the process, you must have the most current, closest to publication-ready version of the text as you can. You will be required to submit that text online as an attachment or by mail as hard copy (which they do not return to you) after payment (via credit/debit or direct withdrawal from a bank account).

A lot of people worry that they cannot make any changes ever to the text once it is copyrighted. This is a misconception. The general rule of thumb is that minor changes to your manuscript after it has been registered (things like editing for grammar and typos) do not require you to resubmit for updating. However, large creative changes, like adding a chapter or creating an updated edition with a new forward or new footnotes, will require re-submission because the copyrighted product then differs too greatly from the publication version of the product. At that point, they are no longer the same text. This is why it’s important to be as ready to publish as you can before submitting.

After that, it’s a waiting game. Assuming there are no errors with your application or file submission, there will be a long silence and then the copyright will appear in your mailbox. They say this takes around 8 months. My first copyright came in 2. If something is amiss, it will take longer, as you’ll have to resubmit to fix any errors. They’ll let you know if anything is holding up the process. Essentially, no news is good news.

If you have any questions about the process, I highly recommend visiting the FAQ page on the Copyright Office’s website. Everything I know about the process and have shared with you here I learned from reading the materials and guidelines they provide. You can also comment with your questions or advice, or email me: amanda@redinkenthusiast.com.

As a writing services provider and fellow author, I can help familiarize you with this process and send you to helpful resources, but please remember that I’m not a lawyer. I do not provide legal services or advice regarding copyright infringement, libel, et cetera. I do not provide financial services or advice regarding marketing, sales, or the publication process. All information given is based solely on my personal experiences as a scholar and fellow self-publisher and is not to serve as the sole recommendation on which to base your writing and publication practices.

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