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.