Copyright Basics, Part III: How long does copyright protection endure?

One of the most confusing parts of publishing for many authors is copyright laws. To address the common copyright questions I am often asked, I will be writing a copyright basics series every week for the month of September. See the end of the post for links past posts you may missed, and be sure to check back each week for answers to more of your copyright questions.

How long does copyright protection endure?

This depends on when the work was created and published:

Works Originally Created on or after January 1, 1978

A work that was created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death. In the case of a joint work prepared by two or more authors,  the term lasts for 70 years after the last surviving author’s death. For works made for hire, and for anonymous and pseudonymous works (unless the author’s identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.

Works Originally Created Before January 1, 1978, But Not Published or Registered by That Date

These works have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works is generally computed in the same way as for works created on or after January 1, 1978.

Works Originally Created and Published or Registered before January 1, 1978

Under the law in effect before 1978, copyright was secured either on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form. In either case, the copyright endured for a first term of 28 years from the date it was secured. During the last year of the first term, the copyright was eligible for renewal. The Copyright Act of 1976 extended the renewal term from 28 to 47 years for copyrights that were subsisting on January 1, 1978, for a total term of protection of 75 years.

It also worth noting that some publishing companies have their own policies in regards to publishing works in the public domain. Be sure to contact your self-publishing company for detailed information.

 To learn more about copyright law, visit copyright.gov.

Copyright Basics, Part I: What is copyright and who can claim copyright?

Copyright Basics, Part II: What works are and are not protected?

Copyright Basics, Part III: How does one secure a copyright and is it required for publication?

ABOUT JODEE THAYER: With over 20 years of experience in sales and management, Jodee Thayer works as the Manager of Author Services for Outskirts Press. The Author Services Department is composed of knowledgeable customer service reps and publishing consultants; together, they all focus on educating authors on the self-publishing process in order to help them publish the book of their dreams. Whether you are a professional looking to take your career to the next level with platform-driven non-fiction or a novelist seeking fame, fortune, and/or personal fulfillment, Jodee Thayer can put you on the right path.

Friday Conversations With A Self-Publishing Writer 9/26/14

OLD SCHOOL ANTICS

Have you been accused of that lately? Writing old school concepts or using old school style?  The first time I heard that (directed at someone else) I bristled.  The reading I’d just listened to—from the writings of a fellow student—had engaged and inspired me.  But the professor wanted to make a point and so he did. “Although your facts are most likely accurate,” he pronounced, “your sentence structures and concept development is old school, using too much emotionalism.”  And bah-humbug to you, too, I mumbled under my breath.  The instructor’s comments that day pushed my own writing goals in the opposite direction of his “modern-path-of-writing,” and led me to study (and enjoy) many of the old school authors.

By the time I became a teacher myself, I selected semester reading lists including authors Agatha Christie, Charles Dickens, C.S. Lewis, Mark Twain and Louisa May Alcott. Everyone groaned upon hearing Charles Dickens’ name and the specific book title: Hard Times.  However, there was a method to my madness.  My hope rested in my students’ abilities to discover the beautifully developed writing styles and logical thinking techniques presented by these old school authors.  You see, writers (in every existing genre) are “teachers of ideas.”  It is the readers who decipher the words and place the concepts in the most appropriate resource files, whether they do so consciously or not.

The three following points help us begin to think logically about the books we read—and write, of course—but especially the books we keep and/or use as resources.

  • WHAT DO YOU KNOW about the author? Are your opinions based on someone else’s quick review of the writer’s works in-part or as a whole? Did you quickly form an opinion from one book you read by that author, then sealed that judgment for all future reference? The closed-door can become a wall and then a fortress unless one opens it. So, research the lives—the histories—of the authors you read. If you’re one who enjoys creating outlines, build a timeline (from birth to death), adding the personal and historic events that occurred within their sphere of existence—what they would have been exposed to.
  • DO YOU HAVE AN OLD LIST of word-labels that have been attached to that author and his writings? Fold a piece of paper in half (lengthwise) and write those words on one side. After you’ve completed your personal research about this author, take a little time and consider those words and their multiple meanings. Do they really (accurately) fit him—as a person and writer? Turn your empathy ON and walk through his life beside him. Keep an open mind so that you can observe the truth about the circumstances he experienced and his human reaction—the imprints that were set in place—which, in turn, developed his writing style and the perspectives that birthed the plots, settings and characters in his books. Then write your own “labels” opposite those on that sheet of paper and compare them. You’ll find interesting differences.
  • NOW ALLOW YOURSELF to move beyond empathy to insights. Can you see the logical progression of actions and events, people connections and environmental/cultural surroundings that are sown into the writings of this author? Tapping into your personal ability to discover these aspects will develop your writing skills to a whole new level. HOW EXCITING IS THAT!
Royalene ABOUT ROYALENE DOYLE: Royalene Doyle is a Ghostwriter with Outskirts Press, bringing more than 35 years of writing experience to authors who need “just a little assistance” with completing their writing projects. She has worked with both experienced and fledgling writers helping complete projects in multiple genres. When a writer brings the passion they have for their work and combines it with Royalene’s passion to see the finished project in print, books are published and the writer’s legacy is passed forward.

Copyright Basics, Part III: How does one secure a copyright and is it required for publication?

One of the most confusing parts of publishing for many authors is copyright laws. To address the common copyright questions I am often asked, I will be writing a copyright basics series every week for the month of September. See the end of the post for links past posts you may missed, and be sure to check back each week for answers to more of your copyright questions.

How to Secure A Copyright

Copyright is automatically secured when a work is created and in a tangible form. No publication, registration, or other action in the Copyright Office is required to secure copyright. There are, however, certain definite advantages to registration.

Among these advantages are the following:

• Registration establishes a public record of the copyright claim.

• Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.

• If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

• If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

• Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.

Registration may be made at any time within the life of the copyright. If a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

An application for copyright registration requires a completed application form, a nonrefundable filing fee, and a nonreturnable deposit. The process can be done via a paper application or online registration.

Is copyright required for publication?

U.S. copyright law protects a literary work once it is placed in a tangible medium such as a manuscript, e-book, or even a word processor file. That means your work is protected by U.S. Copyright law when you write it.  Therefore, when you publish  without taking any extra steps or spending additional money, your book will have the copyright page with the copyright symbol, your name, and the publication year.

Nevertheless, many authors choose to secure their copyright officially with the Copyright Office by registering the book’s copyright.   You can file for this on your own or your publishing company can handle all the details involved.  Contact your self-publishing company for details about this service.

 To learn more about copyright law, visit copyright.gov.

Copyright Basics, Part I: What is copyright and who can claim copyright?

Copyright Basics, Part II: What works are and are not protected?

ABOUT JODEE THAYER: With over 20 years of experience in sales and management, Jodee Thayer works as the Manager of Author Services for Outskirts Press. The Author Services Department is composed of knowledgeable customer service reps and publishing consultants; together, they all focus on educating authors on the self-publishing process in order to help them publish the book of their dreams. Whether you are a professional looking to take your career to the next level with platform-driven non-fiction or a novelist seeking fame, fortune, and/or personal fulfillment, Jodee Thayer can put you on the right path.

Friday Conversations With A Self-Publishing Writer 9/19/14

INSPIRED…BY WOUNDED WARRIORS

This phrase has become synonymous with our military personnel who have returned from “wars or rumors of wars” since 9/11. Many have suffered extreme physical injuries; others carry invisible scars of nightmare events that no one should have to experience.  And yet, when they come home again they inspire us!  They’d deny that, of course, but it’s true.  It’s the average, ordinary, writer who hears their story and begins tapping the keyboard, stringing words together and getting it published that shows them the truth of it.

Just this afternoon, my husband handed me an article he’d torn out of a newspaper insert. There is a small photo in the second column of a soldier holding a gray tabby cat—the feline who was “rescued” by the young soldier in the midst of an active battle zone—the stray cat whose insistent attention rescued the soldier from suicidal depression and gave him the courage to come home and help others.  Both soldier and cat are in the U.S. now.

You see, it’s all about connection.  The soldier’s faith and loyalty connection to the military mission and the positive things being accomplished—the good they were doing.  The internal, inspirational connection he saw in that one kitten expressed through the soldier as “the representations of the innocence” in that country.  Then there was the connection with other soldiers and organizations that brought both soldier and cat home because “it was the right thing to do.”  AND…the “cat experience connection” that was part of the readiness preparation for the soldier to accept a service dog, continuing the process of healing.  So many people heard this story—identified with it—connected to the hope.  And then came the writer who has used his skills and sent this story into millions of homes, creating more connections.

ARE YOU the next writer to hear an inspiring “wounded warrior” true-story and WRITE IT?  There are as many inspiring tales to tell as there are “sands on the ocean floor.”  The soldiers of today and yesterday and centuries past certainly have our respect and motivate us.  However, there are other wounded warriors in our sphere of acquaintances who also have inspiring stories to tell: the small business owner who “goes above and beyond” supporting his employees; the mothers and fathers who (in spite of extreme physical and economic challenges) dedicate their lives to lovingly raise their children with integrity, honesty and faith; the first responders in emergencies who place themselves in harm’s way to save lives; and you, the bloggers, tweeters and journalists who are willing to dig until you find the truth—and write it—even at great risk to your career and/or reputation.

This September season of 9/11 memories has (as you can see) inspired me. I’ve read newspaper commentaries and online quotes from shoppers and cab drivers, waiters and maintenance workers who stepped into the New York streets that day “to help.”  And yet, for me, it is the books by authors such as Susan Van Volkenburgh that continue to inspire me the most.  Her September 11th journey is told in Silent Resolve and the God Who Let Me Down: (A 9/11 Story).  It relates the events of Flight 77, which crashed into the Pentagon, taking the life of her father and 183 others.  It also expresses her “odyssey” through grief and loss.

There is something about holding and reading a book that makes the contents very personal and intimate. IF you have an “overcoming” story to tell, please write it! We all need the reminder—like that cat nudging the soldier—that tragedies are not only survivable but can inspire us and others.

Royalene ABOUT ROYALENE DOYLE: Royalene Doyle is a Ghostwriter with Outskirts Press, bringing more than 35 years of writing experience to authors who need “just a little assistance” with completing their writing projects. She has worked with both experienced and fledgling writers helping complete projects in multiple genres. When a writer brings the passion they have for their work and combines it with Royalene’s passion to see the finished project in print, books are published and the writer’s legacy is passed forward.

Copyright Basics, Part II: What works are and are not protected?

One of the most confusing parts of publishing for many authors is copyright laws. To address the common copyright questions I am often asked, I will be writing a copyright basics series every week for the month of September. See the end of the post for links past posts you may missed, and be sure to check back each week for answers to more of your copyright questions.

What works are protected?

Copyright protects “original works of authorship” that are fixed in a tangible form of expression. Copyrightable works include the following categories:

  •  literary works
  • musical works, including any accompanying words
  • dramatic works, including any accompanying music
  • pantomimes and choreographic works
  • pictorial, graphic, and sculptural works
  • motion pictures and other audiovisual works
  • sound recordings
  • architectural works

These categories should be viewed broadly. For example, computer programs and most “compilations” may be registered as “literary works”. Likewise, maps and architectural plans may be registered as “pictorial, graphic, and sculptural works.”

What works are not protected?

Several categories of material are generally not eligible for federal copyright protection. These include:

  • works that have not been fixed in a tangible form of expression, meaning they have not been recorded in some way
  • titles, names, short phrases, and slogans
  • familiar symbol or designs
  • mere variations of typographic ornamentation, lettering, or coloring
  • mere listings of ingredients or contents
  • ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
  • works consisting entirely of information that is common property and containing no original authorship, such as standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources

 To learn more about copyright law, visit copyright.gov. Also, be sure to check back next week for part II of this series: What works are and are not protected?

Copyright Basics, Part I: What is copyright and who can claim copyright?

ABOUT JODEE THAYER: With over 20 years of experience in sales and management, Jodee Thayer works as the Manager of Author Services for Outskirts Press. The Author Services Department is composed of knowledgeable customer service reps and publishing consultants; together, they all focus on educating authors on the self-publishing process in order to help them publish the book of their dreams. Whether you are a professional looking to take your career to the next level with platform-driven non-fiction or a novelist seeking fame, fortune, and/or personal fulfillment, Jodee Thayer can put you on the right path.