Just for the record, let’s determine what Copyright actually protects. Simply put Copyright protects “expression”. According to the Copyright Act of the United States, items of expression can include literary, dramatic and musical works; pantomimes and choreography; pictorial, graphic and sculptural works; audio- visual works; sound recordings; and architectural works. Items that are not protected are ideas, titles, names, facts and short phrases.
In the United States and most other countries, a work is automatically protected as soon as it is created. It is not required that you register your work or even provide a copyright notice. So why “waste” your time and money registering with the Copyright Office for something you already have? Here are some very compelling reasons…
In a lawsuit litigation a Copyright Notice will keep an infringer from claiming “innocent infringement”. Innocent infringement simply means the infringer had no reason to believe their acts constituted infringement. Whether you register with the Copyright Office or not, a Notice of Copyright should be on all of your published work. To post properly three things are required:
1) The “copyright symbol”() or the word “Copyright,” or the abbreviation “Copr.”;
2) the year of first publication;
3) the name of the copyright owner.
Example: 2003 eBook Crossroads
BUT this instant and free notification does not allow for:
(1) The Ability to Sue
Even though copyright protection is automatic, you cannot actually sue for infringement of your copyright unless you have registered your work with the Copyright Office. You can, however, register after infringement as long as it is before filing suit. In this instance you would be eligible to sue for “Actual Damages” (damages that you can demonstrate having actually suffered), which may or may not be significant.
(2) Statutory Damages.
If you register prior to the date of infringement, you can collect “Statutory Damages” and attorney fees. Statutory Damages are defined in the statute and determined by the judge; and depending on the situation could be quite substantial.
Now that we know the importance of registering for Copyright protection, how do we do that? In the US just follow these procedures:
1) Download form “TX” from the Library of Congress website at http://www.copyright.gov/register/literary.html. Print the form on white, letter-sized paper.
2) To fill in the form, type or print using black ink. Fill in the title block with the title of your work, only. Fill in the rest of the form completely and simply.
3) In one envelope, place your completed form, a $30 check for application fee (made out to “Register of Copyrights”), and one copy of work to be registered (if unpublished) or two copies (if published). Copies will not be returned.
4) Submit complete registration package to:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
Your registration becomes effective on the day that the Copyright Office receives your application, payment, and copy(ies). If your application is in order, you will receive a certificate of registration in 4 to 5 months.
For Countries other than the United States go to http://www.wipo.int/copyright/en/index.html to find registration and copyright information for your Country.
Diane Thomas is the editor and owner of eBook Crossroads http://www.ebookcrossroads.com specializing in resources for writers, publishers and readers of eBooks and Audio Books. Sign up for the free “Insider” Newsletter http://www.ebookcrossroads.com/newsletter.html You can contact Diane at mailto:dmt@ebookcrossroads.com
