Many people often wonder whether to copyright their work, and the best way in which to do it. So I’m going to help you.
Okay, first of all, what is copyright?
Nice and simple. Like a patent, trademark, and any design that can be copied, copyright is an intellectual property; also known as ‘IP’, and gives you all ‘rights’ to your work and protects it from copyright infringement.
Now I could go on and on explaining all the different avenues, but as this is based at writers, I will stick with novels and screenplays.
You’ve written a novel (fiction or non-fiction), short story, or poem, and you want to send it off to an agent, manager, or publisher. What should you do first? That’s right, copyright it.
Who with?
Whoa there fiesty one. First check you live in a Berne Convention Country. 162 of the 190 countries are signed to it, so chances are, you are.
Now you can register your work with an organisation. Now there are various ones both in the UK and US that I use.
US pilots and screenplays I use WGA (Writers Guild of America) West. I also register my synopsis here. I have never had a problem and the service is very prompt and efficient. There is also some cool information on their website.
For my UK pilots, screenplays and novels, I use the Intellectual Property Rights Office.
N.B. If you are a subscriber to firstwriter.com you can benefit from a 10% discount when you start the registration process through their site. If you are already a Firstwriter subscriber, click here. If not and want to, click here first.
There is usually a charge, approximately £20/$40, to register work and you should be issued with a certificate, although these can take up to six months to be delivered.
Although I’ve never registered a novel with a US copyright organsisation, more information may be obtained at the US Copyright Office.
I’ve tried to keep this post as simple as I can, but if there is something you don’t understand, put your query in the comment box. Likewise, if you’ve had any dealings with any of the organisations listed here, good or bad, let me know. Maybe you use other companies. If so, let me know them too.
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It’s worth noting that creators have copyright of their work automatically. Registering copyright, as far as I’ve always understood it, is a way of creating evidence of time of creation if you need it in court later. Also, lack of a copyright notice on a work does not suggest it is not copyrighted, or out of copyright. These rights have to be waived by releasing into the public domain or allowing free use, but this can still be seen as a free license of the work.
So in that respect, copyright is very different to a patent or a trademark which are not automatic rights.
But I’m not arguing one jot with the benefit of what you suggest – with writing and a lot of creative arts you often want to send unpublished work to people before it’s been published, making you vulnerable to IP theft that you may not be able to prove unless you’ve registered your work.
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You’re basically correct, Matt, but as I understand it, if your copyright is registered and you have to sue someone you can pursue damages, whereas with an unregistered copyright all you can do is sue to stop the party from continuing to use it. However, I’m not a lawyer (thank God).
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Also not a lawyer…
Just looked it up. On a quick glance, it appears with a registered work, you can claim statuatory damages. On an unregistered work, you can only claim loss of profits – if you can prove it.
So if that’s the case it’s much easier to claim damages (if you can prove infringement).
Certainly worth the small outlay for a big piece of work like a novel.
It’s interesting, as I never imagined I’d be able to claim statuatory damages if somebody infringed my work, only any loss I would be able to prove. It makes me think of the registration process in a much different way.
Still not a lawyer 🙂
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Hi Dave. I agree. I look at it as just another way to prove you wrote ‘said’ work and when. But, like you, I am not a lawyer either, lol.
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Hi Matt,
Thanks for your comments. I tried to keep this post as simple and basic as I could. I find some sites some mind boggling, lol.
I know copyright isn’t the same as a trademark or a patent, but they are all IP’s, and this was just a useless piece of information I threw in for good measure 🙂
Thanks for all your interest though, Matt. It is very much appreciated. xx
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“These rights have to be waived”
*unless the copyright period has expired of course
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In the U.S., obtaining a copyright is very simple. I did it through the internet. You fill out a simple online form, attach a file of the work to be copyrighted, and send it. It cost me $35.00, if I remember correctly.
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Hi Richard.
I have only ever used WGA (West) in the US, so only felt ‘able’ to comment on that. Thank you so much for the extra information though. It’s good to know these things 🙂
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Richard is correct. It only costs $35 to register a work at the Library of Congress. You don’t even have to mail anything anymore. You can upload your pdf/doc/etc. directly to the LoC online. And if I’m not mistaken, a certificate from the LoC is the only form of copyright protection that is recognized in the U.S. court system.
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Michael. This is great information. Thanks xxx
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Interesting post Donna, thanks 🙂
Have been wondering about this recently now I am preparing to submit more work so good to read and see the comments from others.
David
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Hey Dave, I use the WGA for American targeted work. What are you preparing to submit?
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Interesting post. I appreciate everyone who commented, too. This is good information of which all authors should be aware.
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I couldn’t have said it better, Catie 🙂
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Wow, loads of information I didn’t know I needed. Thanks for the post and all the comments.
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Well this post stirred some great conversation Donna! Love this information. Now all I need is a piece of work to be copyrighted! lol 🙂
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Better to be safe than………I have registered my son’s work with the US Copyright Office.I used this as you can do on-line. Cost today for his 3rd novel 36$ He hasn’t found an agent/publisher yet but at 19yrs of age he starts his 4th book this month and time is on his side. A talent yet to be discovered.
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