Copyrighting 101

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COPYRIGHTING 101

The subject of copyrighting is something that commonly comes up in regards to creative works, but despite how often the word gets thrown around not too many people are aware of what it means. This is understandable because copyrighting is just another part of protecting intellectual rights. There are other terms that can be used for protecting intellectual rights, such as trademarking and patenting, all of which are used because they represent similar ideas, but for the author there is a difference.


Copyrighting is a type of legal concept that gives the creator of original content the exclusive right to use and distribute whatever it is they have created. These rights can also be sold or given away in writing.
Copyrighting can be applied to just about anything, but it is typically associated with written and artistic work.
The basic idea behind copyrighting is that the owners of work are able to make a living without anyone else being able to take that material and use it to make money themselves.
Copyrighting isn’t something that is necessarily limited to an individual. Multiple people can have the copyright, and are commonly referred to as rights holders.


When it comes to the technicalities, copyrights can get a little tricky. A commonly used example of this is the famous Disney character, Mickey Mouse.
Because of the copyright, nobody outside of Disney can make any Mickey Mouse cartoons or use the character, but they aren’t restricted from making their own anthropomorphic mouse character, as long as it is distinctly different from Mickey Mouse.
Because each case is going to be different depending on the material in question, there aren’t any strict rules for determining when a creation is or isn’t distinct enough.


Copyrighting doesn’t last forever, but typically will last throughout the lifetime of the owner, and then another fifty to one hundred years, after which it is considered fair to use by the public domain.
Copyrights are inheritable property, so your children and their children could be collecting the benefit of the copyright in the future.
In some cases though, the copyright will last for a certain number of years after the last publication, or even a fixed number of years after the initial creation. It is worth noting that copyright law is subject to change, and can vary in different parts of the world.





A common question that creators have when it comes to copyrighting is at what point they should copyright their works.
Technically speaking, the moment a creator starts a project; it can be pre-registered for copyrighting. Registration is important because it is incredibly difficult to prove a work came first, or even that it was original if it hasn’t been properly registered.
Copyrighting is typically done when the work is completed, as any drastic changes would require another copyright.
It is important to note that editorial changes rarely meet this requirement. For example, an author who copyrights the first draft of their book and then sends it off to an editor who reworked some of the chapters wouldn’t have to worry about getting another copyright.
If the author completely changed the book though and started to add additional chapters, then the changes would be major enough to constitute getting an updated copyright (it is best to check with an attorney that specializes in this type of work to be sure of what and when a copyright is needed).


A classic example of the copyright conundrum is that of Tom Clancy, Hunt for Red October and the Jack Ryan series of action/adventure thrillers.
His long time wife of many years sued for custody of the characters and the books! And she won the right.
So, making sure that you have all of your legal ‘ducks’ in a row is essential, even as you are just starting out…because you never know.


If you are publishing traditionally, then the publisher will take care of the copyright process for you. If you are going the self-publishing route, then you will have to take care of this step, yourself. The process is pretty straightforward and the forms can be found on http://www.copyright.gov/forms, personally I like using, https://eco.copyright.gov