Monday, August 6, 2018

Why Register Copyrights?

Technically speaking any time you write something it is copyrighted the moment you finish. Many of you may have also heard of 'the poor man's copyright' which consists of mailing a copy of the material you wish to copyright to yourself. When the package from you arrives, simply put it away for safekeeping without opening or breaking the seal. Should be good enough right?

Well yes and no. It depends on what you want to use it for. Yes, it may prove that the work is yours and that you wrote it first. But when have you known an American law to be that easy and straight forward? That's why it really irks me that places like CreateSpace don't include automatically include a copyright in publishing packages. In fact, the site actually tells people copyrights are not that important and uses the explanation I cited above. That lures writers into a false sense of safety. (Mind you CreateSpace  overall does a great job and is a good option for self publishers. Just make sure to take the extra step and copyright your work. The reason CreateSpace doesn't include copyrighting is to cut down on costs. More on this is a minute.)

Here's why you want to get a registered copyright:

First, legally copyrighted documents are good for the author's life plus 70 years. That means it will keep it safe for the majority of your children's lifetimes too. If you don't legally copyright something, the copyright dies with you.

A copyright gives you the exclusive right to reproduce or copy the work or change its form, like creating a sequel and revising or updating the work. Only you can display it in public; everyone else has to ask you first. You're the only person who can distribute the work for commercial purposes.
You can sell your right to control the copyrighted work, so for instance you could sell the movie rights and keep the right to create a sequel.

It also carries penalties if someone tries to steal your work. You can't sue for copyright infringement or get an order from a judge to make somebody stop using your work unless your work is registered.

If your work is copyrighted, you can claim damages even if you can't prove exactly how much you were damaged by the person who took your work. That person will also have to pay your attorney's fees!

Registration also lets the world know that you own the copyright. If your book takes off and say a movie is made or even if the book just does really well and you gain attention internationally, under the Berne Convention of 1886, international copyright laws must be honored. Twenty countries are members to the Convention, which employs the principle of "national treatment." That means that a country will recognize the copyrights given to citizens of another nation as if such works were copyrighted within that particular country. But if you have only your word that you copyrighted it, as opposed to a legal document from your country, they wouldn't honor it.

Copyrighting also puts a copy of your manuscript in the Library of Congress forever (or as long as the institution exists). That's pretty cool when you think about it. It means you're literally in the history of our country. 500 years from now, someone could be searching "the stacks" and come across your story!

So how do you copyright? It's actually a very simple process. Go to the US Copyright Office online http://www.copyright.gov/. 

On the top right side of the first page you will see a big blue button that says electronic copyright office. Click on it, go inside and fill out the form. If you file online most copyrights will only cost $35. If you file a hard copy the price goes up considerably. Once you have copyrighted with the US Copyright Office your work is registered and you have a formal copyright. You will receive a confirmation within about 6-8 weeks.

One final note, if you plan to take your manuscript to a publisher, do not copyright it. They will handle the process. If you do, it shows how 'green' you are, and creates a lot of extra work for the publisher as the manuscript may go through several more drafts before publication. There's also the chance that ownership percentages and therefore who holds the copyright may change, based on your contract.

Copyrights for unpublished works aren't as important as they are for manuscripts that are published either by a publishing house or self publisher. That's because those are the works that are out in the public and therefore stand the greater chance of being reproduced without your consent.