What you need to know about copyright
In an earlier post, I touched on using caution when using copyrighted images for your book cover. But copyright encompasses not only the images you use for your cover or the interior of the book but your story as a whole. This is an important step in the publishing process that deserves a whole chapter. What is copyright? And why is it important? I will answer those questions and more in this section.
According to the U.S. government, copyright is a form of legal protection for original works in a tangible form. It covers published and unpublished works. So technically the moment you put a story into writing you are the owner of that content. As the owner, you have the legal right to own, sell and make copies of your work. Granted other countries may have different policies however the U.S copyright should still be honored by most countries.
When publishing a book, you can also officially register your work to be copyrighted. While it is not required to register your work before you publish it for sale there is a good reason to register your work before you publish your book for sale. One main reason is the threat of someone stealing your work either in its entirety or portions of it, and making a profit from it. Registering your work won’t automatically stop people from trying to steal your work neither will your distributor. But if your work is registered and someone does steal it you can pursue legal action against the offender (if you decide to go down that route). Keep in mind registering your work is required if you plan to take anyone to court so it’s better to be proactive and have it ready ahead of time. While it is very rare someone will steal your book and claim it under their name, having official copyright adds more weight to your defense that you are the sole owner.
In addition to registering for copyright another thing to help secure your content is Digital Rights Management (DRM). The purpose of this is to protect your book from being pirated. Retailers like Amazon’s KDP offer this protection. Keep in mind though this is not 100% fool-proof.
On the other side of the coin, you don’t want to be the one accused of stealing someone’s work! Plagiarizing is a big no-no. Thankfully there are tools (ex: Pro Writing Aid) that can determine the plagiarized text in your writing. Besides not copying and pasting other people’s content in your book you also want to be careful to cite your sources accurately. While this applies more to academic material this can also apply to any book where you are quoting from outside sources. For writers, you want to strive for originality. Granted nobody’s work is 100% original. You may be inspired by different writing styles and plots and that’s OK. You may even incorporate them into your work. Just be very mindful of copying plot devices or descriptions from other books. Take that beloved character, catchphrase, or other plot device and make it your own so that others don’t accuse you of copying their work.
What exactly is protected under Copyright? The official site for copyright for the U.S. government clarifies that it protects any original works whether it be literary, musical, artistic, poetry, and more. It does not cover facts or ideas, systems or methods of operation although it could protect the way they are expressed. So, if you have an idea you want to protect you need to capture it in a tangible format such as paper, or electronic form. What about the information you include in your book? If it’s a widely known fact or something that’s public knowledge, it’s safe to say you don’t have to cite the source in your book. If you are quoting a phrase or passage in your book, then you would want to cite the source in your manuscript.
Once you have your idea captured in something concrete you can start thinking about registering your copyright officially with the government. Ideally, you want to wait until the book is at least completed (written and edited). From their site, they request the “best edition” so if you wait until the manuscript has been through a round of edits you will minimize having to submit a new copy every time you make a significant change. You can register online by going to the official site: https://www.copyright.gov/ for a nonrefundable fee. There is a lot of detailed information on copyrighting so I highly recommend going over the frequently asked questions and especially the eligibility criteria before moving forward with your application.
On the home page click on the Register link. You will need to complete an online application to begin the registration process. You are allowed to register up to 10 unpublished works on the same application but you will need to select the “Register a Group of Unpublished works.” This option is good if you have several short stories or poems that form a collection. For most authors, a standard application will suffice if you just have one work you are submitting. Login under your echo account using this direct eCO link. If you don’t have an eCO account you will need to select the hyperlink: “If you are a new user, click here to register.”
On the left-hand side, you will be presented with a couple of registration options. Again, the only option that will apply to writers starting out is the “Standard Application” or the “Register a Group of Unpublished works.” Choose one to continue. Review the criteria to qualify for the given registration and then choose “Start Registration.” This is important because if the Copyright Office discover your work doesn’t meet the criteria, your application will be rejected or delayed that could require additional fees.
Once you’re in the application, under the type of work dropdown choose the option that best suits your work. For the overwhelming majority of books, you can choose literary works. An exception would be like a cartoon that would fall under Works of the Visual Arts. For audio files that would fall under Sound recordings. Note for sound recordings you are allowed to submit up to 20 works. Keep in mind that if you have works that fall under different categories you have to submit a separate application for each type. For example, one fiction work and one audiobook recording would go on two separate applications.
Next, click the checkbox acknowledging that you read the descriptions above for your selected work. And choose to continue. On the title page click new to enter a title. You have to enter each title one at a time. When done hit Continue to enter the year the work was completed. Then fill in the author’s information. On the next screen: “Limitation of Claim” you would enter any information previously registered in the material excluded section. If this doesn’t apply to you then you can move forward. For the Rights and Permission page, you would enter contact info for who the Copyright Office can contact for questions. This is optional but you should fill out the following “Correspondent” page. As the author, you should feel this out so they can contact you directly if they have questions on your application.
The next option is Special Handling. This is optional unless you plan for expedited service. For the “Certification” page choose the person who will be certifying the work. If you’re filling out the application for your own work choose the first checkbox. Don’t forget to include your full name. Before reviewing the application, review it before submitting it. The type of application you submit will determine the fee that will be charged. For example, if you file an application for a group of unpublished works you can expect to pay $85. A standard application is $65. For a single application (one author, same claimant, one work, not for hire) the fee can go as low $45. For authors with a tight budget, this may seem like an added expense. But if your budget allows, give this careful thought so you ensure your work is legally protected.
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Missed the earlier steps in the publishing process? Check out this growing list here.
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