Most people think that copyright is the province of lawyers, big publishers with legal departments, and plagiarism trackers.

But every self-publisher needs to have a little background on copyright and how the law works in the United States. Okay, I promised this would take 5 minutes, so let’s get started.

Basic copyright information you should know

Copyright is a form of intellectual property protection. It is based on the US Constitution, and by law it grants protection to original works fixed in any tangible medium of expression. Copyright covers both published and unpublished works.

You do not have to apply for copyright from any authority. The United States government does not issue copyrights. Copyright law provides protection against others who might claim your work as their own or seek to profit from your work without your permission.

When you create something original and fix it in a way that others can experience (for example, by writing a story that others can read or painting a picture that others can see), your work is copyrighted from the moment it is created. . .

Copyright protects original works of all kinds, including literary, dramatic, musical, and artistic works such as poetry, novels, movies, songs, computer programs, and architecture. It will protect a greeting card you wrote and the song you created for a school play.

Not everything can be copyrighted

Copyright does not protect facts, ideas, systems, or methods of operation. However, a book or operating manual that explains these ideas, systems or methods will be protected.

As publishers, it is important to know that you cannot copyright the title of your book. If a title could be considered a trademark, you can use the trademark system to try to protect your title, but it will be an expensive, lengthy and uncertain process, and you may be denied trademark protection.

Some copyright issues

How is copyright different from patents or trademarks? Copyright protects original works of authorship. The patent protects inventions or discoveries. Ideas and discoveries are not protected by copyright law, even if the way they are expressed is. A trademark protects words, phrases, symbols, or designs that identify goods or services. The FedEx logo is a registered trademark that provides protection. It is not copyrighted.

What is copyright registration? There is no requirement to register your copyright, which exists from the moment the work is created. The registry is a service provided by the Library of Congress as a means of registering copyright claims. If you ever have a dispute about your copyrighted work, your best evidence will be the registration you made and the date it was entered, to prove that you are the creator of the work.

You definitely want to register your copyright, although it’s not required.

• The copyright registry will put the facts of your copyright on the public record
• You will receive a registration certificate.
• In the event of litigation, your copyrighted work may be eligible for statutory damages and attorney fees.
• If you register your copyright within 5 years of publication, it is considered prima facie evidence (evident from the record) in a court of law

Can’t you just mail yourself your manuscript? This practice has been used for many years as a kind of “poor man’s copyright”. Unfortunately, there is no provision in copyright law for such protection — it is not a substitute for registration.

Is my copyright valid outside of the United States?
The United States has copyright relationships with most countries in the world, and as a result of these agreements, we respect the copyrights of each other’s citizens. However, the United States does not have such copyright relationships with all countries. For a list of countries and the nature of their copyright relationships with the United States, see Circular 38a, International Copyright Relations of the United States.

Well, there you have it. Considering the amount of time, effort, and imagination you’ve put into your book, it makes sense to take the simple step of registering your copyright. Just like putting a category on the back cover of your book, or getting your ISBN correct, this is another detail self-publishers need to attend to.

In a future post, we will discuss the rather thorny issue of fair use. In the meantime, if you have copyright questions, it’s best to consult an attorney, and I’m not an attorney. For more detailed copyright information, visit the US Copyright Office website.