(Part one of three)

Many beginning writers worry about whether they need to copyright their works for a variety of reasons. They worry that someone could plagiarize and claim ownership over their work, that editors or agents might steal their writing or their ideas, or that at some point they might need to prove that a work is their own. Also, many worry that by marketing a pieces they are giving up the copyright to their work. Most of this is inaccurate.

So what is a copyright?

A copyright in essence is the ownership by a creator over their “literary, dramatic, musical, architectural, cartographic, choreographic, pantomimic, pictorial, graphic, sculptural, and audiovisual creations.” – History of the Copyright.

There are several key points involved in analyzing the copyright process.

1. A copyright is simply a legal term for saying you own a piece of work. From the Copyright Office:

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works.

2. It is a common misconception that in order to hold the copyright to a work it must be registered with the Copyright Office. Prior to the The Copyright Act of 1976 this was true in some cases. However, after this act, simply putting a piece of work down on paper creates your copyright. While a writer can register their pieces for the Copyright Office for $45 a piece, this is widely considered to be unnecessary. (Note – in this case I am referring specifically to fiction and/or non-fiction. I believe that scripts and screenplays might be dealt with differently, but as I am not a screenwriter I’m not 100% sure and don’t want to spread any misinformation. Screen rights when it comes to books is something else and is included with novel rights.)
From the Copyright office: Copyright Secured Automatically upon Creation

The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following note.) There are, however, certain definite advantages to registration. See “Copyright Registration.”

Copyright is secured automatically when the work is created, and a work is “created” when it is fixed in a copy or phonorecord for the first time. “Copies” are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. “Phonorecords” are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the “work”) can be fixed in sheet music (“copies”) or in phonograph disks (“phonorecords”), or both. If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.

3. When you submit a story to a market, you are not offering them the copyright – you are offering them the right to publish your work under specified terms. You still retain the copyright, and you are the author of the piece. (Although work-for-hire rights can be different.) The next post in this series will deal with rights.

4. When you are offering a piece to the public, such as on a website, posting a copyright statement is a good idea to warn the average web browser, who thinks everything they find online is free for the taking, that your work is not to be swiped. (I have a copyright notice on my own website.) Also, if a work is published with a copyright and date it can be beneficial in any plagiarism cases. However, having a copyright notice on your work is NOT required by law in order to retain the copyright. (Although works published before March 1st, 1989 may be different. More info here.)

For written work a copyright statement is written as:

1. The symbol © (the letter C in a circle), or the word “Copyright,” or the abbreviation “Copr.”; and

2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and

3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

Example: © 2006 John Doe

However, when a piece of writing is submitted to a market, the editors know that the author holds the copyright to their work, and including a copyright notice is seen as the mark of an amateur as it indicates a lack of trust in the editors.

So, in summery of how this works for me personally, I have a notice of copyright on my website because I don’t want random people taking off with parts of my writing without permission and/or giving credit. My website is out in the public’s eye, and in the same way that a magazine has a copyright statement, I want to make it clear the content is mine. However, when I am submitting a piece to a market I never place a notice of copyright on my manuscript as it is extremely unprofessional.

Next: What different rights mean.