Copyright – Page 2 – Self Publishing Advisor

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on the date a work was published with a copyright notice or on the date of registration if the work was registered in unpublished form.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.

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.

Jodee Speaks, Uncategorized

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

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.

Jodee Speaks, Uncategorized

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

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?

Jodee Speaks, Uncategorized

Copyright Basics, Part I: What is Copyright and Who can Claim Copyright?

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. Be sure to check back each week for answers to more of your copyright questions. This week I’ll address what is copyright and who can claim copy copyright:

What Is Copyright?

Copyright is a form of protection provided by the laws of the United States to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. The laws generally give the owner of copyright the exclusive right to do and to authorize others to do the following:

• reproduce the work in copies or phonorecords

• prepare derivative works based upon the work

• distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending

• perform the work publicly

• display the work publicly

Who Can Claim Copyright?

Copyright protection subsists from the time the work is created in fixed form. The copyright immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright. The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary, and in the case of works made for hire, the employer and not the employee is considered to be the author.

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?

Jodee Speaks

5 Misunderstandings About Using Photos When Self-Publishing

One of the most confusing areas of publishing for self-published authors is copyrights. Many authors aren’t familiar with or misunderstand copyright laws — especially when it comes to using photos in their books or on their covers. Here are five of the most common misunderstandings.

1. “Download Free Photos” Sites

Many authors misunderstand the “download free photos” sites. Most of these sites only allow the images to be used for blogs, websites, and other personal applications; not for publication. Also, since these images are designed primarily for use on a computer, they are typically very low resolution and not suitable for printed publication.

2. Wikipedia Photos

Contrary to popular belief, it is not permissible to publish all photos downloaded from Wikipedia. The author needs to look closely at the annotation on the page where they found the image to see the requirements. Some will require the author to obtain permission from the copyright holder.

3. Limitations

Some copyright holders will sell the right to publish their image, but their permission may have limitations on the number of copies or length of time. Many self-publishing companies will not accept a limited authorization. Authors should check with their publisher before purchasing any such rights to publish
an image.

4. The Copyright Holder

Just because a photo is in your possession doesn’t mean you have the right to publish it. The copyright holder is considered to be the person who took the photo. Therefore, the original photographer is the one who must grant authorization to publish the image.

5. Subjects in Photos

Despite my previous point, just because you took the photo doesn’t necessarily mean you have the right to publish the photo. If there are people in the photo, then the author should obtain a photo release from the subjects.

I’d love to know what questions you have about photo copyrights. Please comment below.

ABOUT JODEE THAYER: With over 25 years of experience in sales and management, Jodee Thayer works as the Director of Author Services for Outskirts Press. The Author Services Department is composed of knowledgeable customer service reps, publishing consultants and marketing professionals; together, they all focus on educating authors on the self-publishing process in order to help them publish the book of their dreams and on assisting authors with marketing and promoting their book once published. 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.

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