A common question I get when working with clients at Monkey C Media is, “should I copyright my book?” The next common question is of course, “how?” But rarely do people ask WHY. I thought it might be a good idea to go over book copyrights and give a quick tutorial on what copyright is and what it means to own a copyright.
And just so you know, you don’t explicitly have to copyright your book—technically, you own the copyright the minute you put ink to paper. But, if you ever need to bring suit against someone for infringing upon your copyright, you’ll have a better chance with a registered copyright. And further, if someone sues you (God forbid, I’ve seen crazier things) and you find yourself having to defend your copyright in a court of law, you’ll be glad you took the time to register your copyright.
What is a Book Copyright?
A book copyright is based on the idea that you, the author, are the only person who has the right to copy your work—other’s need your permission. Thus, you own the copyright.
A book copyright is very similar to other copyrights. It claims intellectual property ownership and protects your authorship of the work. This prevents anyone from illegally taking or using your ideas without your permission. And no, sealing it in an envelope and mailing it to yourself is not proof of copyright. People used to call this the “poor man’s copyright” and it’s nothing more than an urban myth. It will not hold up in a court of law. Plus, copyright registrations are inexpensive, so it makes more sense to just register your copyright.
Takeaway: The only way to guarantee protection from others infringing on your copyright is by having it officially registered.
Why are Book Copyrights Necessary?
Now, just because you control the copyright of the work doesn’t mean it’s automatically protected. Even if you own a registered copyright to your work, it can be infringed upon (albeit illegally). The burden will fall on you to sue and to bring your proof. And, know this, a copyright isn’t a magic shield. But it does give you more power should you ever find yourself protecting your copyright in a court of law. Simply put—it has greater legal weight because your claim is registered. Without a copyright certificate, the burden of proof will fall on you that you are the original creator of the work, and that doesn’t always turn out in your favor.
What Book Copyrights Cover and Other Important Information
Just as a book’s copyright isn’t a magical shield from theft or unauthorized use, it also covers very specific things and there are often misconceptions about what they cover. For instance, you can’t copyright your book’s title unless it’s a series. In this case you would need to file a trademark claim, which is much more costly and complicated. You also can not copyright things like settings, ideas, themes, or concepts. Copyrights don’t protect ideas, they protect the work itself.
Here’s What Book Copyrights DO Cover:
- No one can reproduce your work as a book or in other forms without your permission.
- It cannot be sold or distributed for financial gain or commercial use by unauthorized entities.
- No one may perform the work either live or in recorded form, publicly—this kind of falls under adaptations and reproductions.
- Derivative works like adaptations, translations, or sequels cannot be created by other parties.
Basically, a copyright allows legal protection from anyone profiting from your work, or using it in any way without your authorization. If they do, you still have to bring a lawsuit against them to legally protect your rights. Conversely, if someone tries to sue you for violation of copyright, it protects you.
How Long Does a Copyright Last?
I was inspire to write this post because a client was concerned about her copyright transferring to her children in the event of her death. She was worried the copyright would no longer hold up. Well, there’s good news!
A book copyright lasts your lifetime plus 70 years! Book copyrights are also transferable, just as real property is transferable. So your legacy is protected. Book copyrights can also be renewed. Meaning your children, or whomever you’ve left the rights to, can renew it if necessary. Book copyrights are part of your estate, essentially.
So, What’s the Process of Copyrighting a Book?
It’s pretty simple, actually. Read below for the basic steps in the book copyright process.
Applying for a Book Copyright
Fortunately, the process of applying for a book copyright is quick and affordable ($65 as of the date of this article). All you need to do to register your copyrighted work is to apply online, pay the fee, and send two copies of your work to the Library of Congress copyright office.
The whole process might take you ten minutes. Here is a standard application tutorial video. It usually takes between four and six months for your application to be processed. Then you will receive a physical copyright certificate in the mail.
When Should I file my copyright?
Ideally, you want to register your copyright within 3 months of publishing your book. Why not before? Well, even though you technically own the copyright the minute you start creating the work, it’s not a finished work until it’s published. It is possible to pre-register your work if you fear that infringement is imminent, but you will still need to register the finished work as well. Pre-registration is not a substitute for a copyright registration.
What if I find errors and make changes to my book after I filed my claim?
That’s okay. You can make editorial and minor changes in your book. If you make major editorial changes, you might consider making an updated claim. Again though, remember you already own the copyright by simply writing the work, so unless you really think someone might steal this new version, it’s probably not necessary.
Start your book copyright application here!
Hopefully this article demystified book copyrights and answered some questions. But if you have more questions, or any anecdotes to share, go ahead and leave a comment on the original post.
