Publishing and Copyrighting

[Proud Christian 2]

To basically copyright a book, you just have to put the name, year, and copyright sign, right? And then, possibly, make a hardcopy and register it in the U.S. whatever corporation, right?
To publish, you send a copy in, and they tell you if they want to publish it, and then they make a deal with you, right?
I am in the middle area of a book, and wanted to know now more than ever.
If my idea of copyrighting is true, than my book is copyrighted.

 

[Radagast]

I'm no expert, but I believe the Berne Convention applies in the US, which means copyright exists as soon as you write something with your name on it, without registering or anything else. The older Buenos-Aires rules required a copyright notice (such as "all rights reserved") on the work, but most people still do that anyway. See Wikipedia for details.

To publish, you have the choice between (1) going to a publisher directly (but not all publishers accept manuscripts that turn up in the post), (2) going via an agent who will represent you, or (3) publishing via print-on-demand houses, and selling online (but you'd have to do your own publicity). See here for some tips.

 

[Christianfantasy]

Without disputing anything Radagast said, I'd like to add a little to it. Your motivation for copyriting a piece of fiction is so no one can steal it or take credit for having written it. The problem with the method you suggested is that anybody else who happens to get their hands on your ms can do the same thing. The cheapest yet most foolproof method that has been recommended to me is the following. Print out a copy of your ms, at whatever stage of development you like. Put it in an envelope and very securely seal it. Mail to to yourself. Whatever you do, don't open it! The postmark while thereafter prove that you had the ms as of that date, which no fake author will be able to prove. I'm told it stands up extremely well in court, should it come to that.

An even cheaper, quicker and easier but slightly dicier option is to create a computer file of the ms that you will never, EVER edit. Thereafter, providing nothing happens to the hard drive or backup onto which you've saved it, you can prove by the electronic date that you had the story first. Fwiw.

 

[secondtimearound]

Without disputing anything Radagast said, I'd like to add a little to it. Your motivation for copyriting a piece of fiction is so no one can steal it or take credit for having written it. The problem with the method you suggested is that anybody else who happens to get their hands on your ms can do the same thing. The cheapest yet most foolproof method that has been recommended to me is the following. Print out a copy of your ms, at whatever stage of development you like. Put it in an envelope and very securely seal it. Mail to to yourself. Whatever you do, don't open it! The postmark while thereafter prove that you had the ms as of that date, which no fake author will be able to prove. I'm told it stands up extremely well in court, should it come to that.

An even cheaper, quicker and easier but slightly dicier option is to create a computer file of the ms that you will never, EVER edit. Thereafter, providing nothing happens to the hard drive or backup onto which you've saved it, you can prove by the electronic date that you had the story first. Fwiw.

Just a slight correction, it has to be registered mail, it's called a poor man's copyright.

 

[Peaceful Dove]

Apologies, but "Poor Man's Copyright" is a myth. You'd be surprised by the number of professional writers who believe it's true. In reality, though, mailing manuscripts or electronic data to yourself will do no good. Neither will having an encrypted, timestamped version of your manuscript on your computer--who's to say you didn't set your computer's clock back a year before you encrypted the data?

You do not need to register your copyright at this time (or even to include the little © symbol on your work). It is protected by copyright from the moment you put pen to paper.

Once the work is finished, edited, polished, and in its final form, then you can decide whether or not to register your copyright. Registration is somewhat expensive, but it will afford you more protections and options for remuneration in the unlikely event that your story is stolen.


Best of luck to you.

 

[Christianfantasy]

A little background. I first learned this method of protecting one’s work at a very expensive, weeklong publishing workshop run by established, highly successful, professional editors, publishers, authors and agents. It wasn’t the sort of milieu in which I would expect to be indoctrinated with myths (and a dangerous myth at that, if it’s totally bogus). All the information I received at that workshop that I’ve put to the test has been one-hundred percent accurate. At the same time, I’d like to defer to Secondtimearound about the registered part. I don’t remember that being mentioned, but it likely was. I tend only to remember what I find interesting—not what I should find interesting.

PS: I’m dying to comment on some of the other threads too, but I’m in a very busy patch. Hopefully I’ll be able to catch up with some of the other fascinating topics soon.

 

[jimmyl]

Copyright exists from the moment you write something in principle.

However...

You cannot charge someone with the crime of copyright violation unless the copyright is registered with the government. All you can do is bring civil charges against them, assuming you can prove that you originally wrote it.

There are places that offer free copyright protection online (google them). However, once again, these only provide proof of copyright for purposes of civil cases.

 

[secondtimearound]

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

This is from the US copy right office so it credible. I take back the poor man's copyright, I heard about it from a friend who registers his music through SOCAN but told of this way. I took the information to be credible as he has hundreds of songs copyrighted, guess I should have looked into it. Thanks for the correction.

 

[Radagast]

Other useful info from www.copyright.gov, which is a web site well worth looking at:

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

 

[Radagast]

For Australians, see www.copyright.org.au:

Copyright protection is automatic
Certain forms of expression – such as text, photographs, music, computer programs and films – are automatically protected by copyright under the Copyright Act. You do not need to do anything to get copyright: if your work meets the requirements for protection in the Copyright Act, it is protected as soon as it is made. The work must be:

• the type of thing that copyright applies to (e.g. an artistic work or a musical work),
• the result of some skill and effort (and not merely copied from someone else), and
• recorded or "fixed" (for example on paper, a computer disk or a CD).

No registration system in Australia
There is no government registration system for copyright protection in Australia. You do not need to publish your work, put a copyright notice on it, or to do anything else to be covered by copyright — the protection is free and automatic. There are no forms to fill in, and there are no fees to be paid. You do not have to lodge your work with a government agency or anwhere else.

Copyright protection overseas
As a result of international copyright treaties, such as the Berne Convention and the Agreement on Trade Related Aspects of Intellectual Property (TRIPS), Australian works are protected automatically in most other countries. Similarly, works from most other countries are automatically protected in Australia.

Some countries, including the United States and Canada, have government registration systems. While it is not necessary to register for protection, registration can provide benefits in some cases in those countries. In some cases, registration with a foreign government copyright office, such as the United States Copyright Office, can assist with court proceedings in Australia, under sections 126A and 126B of the Copyright Act.