Just The FAQ!
I hope the answers to the most frequently asked questions will
give you a better understanding of the laws as well as the
importance of taking the proper precautions to protect yourself
and your work. For more in depth information visit the resource sites that
are listed below.
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 a 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 your protection is automatic, you cannot actually sue
for infringement of your copyright unless you have registered your work.
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 notice is a simple and free way to post notification
that your work is under copyright protection. 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 register 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 copyright
owner. Example: © 2010 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 $45 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
within 22 months or less.
You can now register online for a lower filing fee of $35 via credit
card at: http://www.copyright.gov/eco/. Online filers will receive their
certificate within 9 months or less.
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 copyrights.
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.
Canadian Intellectual Property Office
a Special Operating Agency (SOA) associated with Industry Canada, is
responsible for the administration and processing of the greater part
of intellectual property in Canada.
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