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Copyright Resources




Copyright Resources - Get The Facts!

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Copyright FAQ

Why Pay Good Money For Copyright Registration When I'm Already Covered?

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 notice. So why "waste" your time and money registering for something you already have? There are some very compelling reasons...

(1) Ability to sue Even though protection is automatic, you cannot actually sue for infringement 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.

What Is a Copyright Notice?

A copyright notice is a simple and free way to post notification that your work is protected under the law. In a lawsuit litigation this 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 actually register your work or not, this notice should be on all of your published work.

A proper notice consists of three things: 1) The "copyright symbol"(©) or the word "Copyright," or the abbreviation "Copr."; 2) the year of first publication; 3) the name of the owner. Example: © 2002 eBook Crossroads

What Does Copyright Protect?

Copyright protects expression. According to the Copyright Act, 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.

How Do I Register My Book For Copyright In The US?

Download form "TX" from the Library of Congress website at http://www.copyright.gov/register/literary.html. Print form on white, letter-sized paper.

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.

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.

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.


Additional Resources

10 Big Myths About Copyright
Copyright and Fair Use issues explained.

Brint Institute
Information on Intellectual Property: Copyrights, Trademarks, & Patents

NOLO Law For All
A site filled with legal resources on copyright, website protection and a whole lot more.

Chilling Effects
A joint project by several major universities regarding website protection and rights.

Website Protection Center
Information on how to protect your website, product name, domain name, etc. from "idea thieves".

iCopyright.com
An online copyright and reprint clearing house offering permissions and results instantly.

Authors' Licensing and Collecting Society
A UK based rights licensing organization administering rights in Great Britain and Northern Ireland.

©2005

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Diane Thomas is the editor of eBook Crossroads.com specializing in resources for writers, publishers and promoters of eBooks and Audio Books. She publishes a monthly ezine, the eBook Crossroads Insider, offering articles, tips, contests, free downloads and much more!
Subscribe to the eBook Crossroads Insider.





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