Did you know that your work is automatically covered by U.S. copyright law as soon as you set it in a fixed format?
According to Title 17 of the U.S. Code, all works are protected under copyright law from the moment they are placed in a fixed, tangible medium and can be perceived either directly (on paper, canvas, or other “solid” medium) or with the aid of a machine or device (computer, e-reader, or electronic music player). What does this mean? Essentially, you do not have to register your work with the Copyright Office to have some measure of protection. U.S. copyright law exists to help protect content creators and to help “promote innovation” in the sciences, technology, and creative arenas nationwide.
That said, you might want to formally register your work, as there are a number of benefits to this:
- It establishes a public record of the copyright claim.
- If registered within five years of creation, it provides “prima facie” evidence of the validity of the copyright and the facts stated in the certificate.
- If registered within three months of creation or prior to infringement of the work, it will allow for statutory damages to be awarded to the copyright owner in an infringement suit.
And, perhaps most importantly:
- Registration allows an infringement suit to be brought forward in court. In the coming year, individual creators will be able to take advantage of the newly minted Copyright Small Claims Board for suits with damages up to $30,000 instead of going to federal court.
You might be thinking, “Well, can’t I just mail my manuscript to myself via the U.S. Postal Service and therefore, as a government agency, I’m covered under copyright law?” Unfortunately, all that this will do is prove the date you mailed it to yourself. There are no legal benefits to sending a manuscript to yourself in the mail, as the U.S. Postal Service is not an agency of the U.S. Copyright Office.
Note that you also do not have to pre-register your new book with the U.S. Copyright Office before you publish it as you have some protections from the moment you put pen to paper or cursor to document program. You may certainly choose to do so if you feel that your work may be infringed before you publish, but it is not necessary. Pre-registration also does NOT replace the registration once you have published your work, so it will not save you any time later on.
Not only is the process of registering copyright easy, but it’s relatively inexpensive. For example, for a simple registration (let’s say a book, with one author or artist), the fee is just $45 for registering online on the U.S. Copyright Office’s online registration portal. The Copyright Office has also made it easier to register a group of unpublished works at one time, which is especially helpful if you have a batch of poems or titles that you haven’t yet published and want to protect.
Perhaps the best part of the online registration portal is that you can register works on your own without a lawyer. The Copyright Office has some very useful tutorials to show you just what to do, and if there are any questions regarding your application, a copyright examiner will reach out to you with clarifying questions and help you complete your registration.
Mary Jo (“MJ”) Courchesne is the owner and principal consultant of Gryphon Publishing Consulting. A publishing veteran with more than 20 years of experience in trade, academic, and direct-response publishing, she has spent nearly two decades specializing in licensing, subsidiary rights, and permissions. MJ is a frequent and polished presenter on licensing and copyright. When it comes to intellectual property, she firmly believes that everyone from authors to publishers to corporations should know their rights. To that end, MJ has instructed on copyright and permissions in the George Washington University’s Masters in Publishing program for the last 15 years. She currently serves on the Board of Experts for the National Association of Independent Writers and Editors and is a member of the Independent Book Publishers Association and the Society of Children’s Books Writers and Illustrators. MJ has also held memberships with other publishing organizations such as the American Society of Picture Professionals and Washington Publishers.
Kajli Prince (“Prince”) has over 20 years of experience in small business tax preparation; he is a senior tax analyst and small business certified tax professional in the Centreville, Virginia, Block Advisors office. As a self-published author, Prince holds a special appreciation for NAIWE and its members. One of his passions is sharing relevant information with people and showing them how best to use it for their benefit. Prince is a small business owner of 25 years, and his specialties include emerging currencies (e.g., virtual/crypto currencies), information technology, intellectual property, and investment real estate.
Marcia Rosen (aka M. Glenda Rosen) is the author of 10 books including The Senior Sleuths, the Dying To Be Beautiful Mystery Series, and her latest offering (which she wrote with her son Jory Rosen and was a 2021 New Mexico–Arizona Book Awards winner), The Gourmet Gangster: Mysteries and Menus. She is also the author of The Woman’s Business Therapist and award winning My Memoir Workbook. For 25 years, Marcia was owner of a successful national marketing and public relations agency and also facilitated numerous writing programs. She continues to work with aspiring author clients, providing manuscript reviews and advising them on book development and marketing, as well as writing articles, appearing on author blogs, and presenting writing programs on Zoom and in person. Marcia was co-presenter of “About Being an Author” for The National Steinbeck Center. She is a member of Sisters in Crime Albuquerque (2022 vice president), Southwest Writers, Women Writing the West, Central Coast Writers, New Mexico Book Association, Public Safety Writer’s Association, and National Association of Independent Writers and Editors—for which Marcia is also a current board member.
Kristen Fischer is a copywriter and journalist living at the Jersey Shore. She worked as a reporter and copyeditor for Gannett before launching her full-time freelance business in 2005. Her work has been published in Parents, New Jersey Monthly, Prevention, Woman’s Day, SheKnows, and Healthline.
Ashley Henyan is a digital marketing consultant, a freelance writer, and the executive director for the American Red Cross of Lowcountry South Carolina. Previously, she held leadership roles in digital communications and media relations with the Red Cross (the 2017 Harris Poll Non-profit Brand of the Year). Ashley has-developed curriculum and trained hundreds of staff and volunteers across the United States in courses like Leveraging Your Story on LinkedIn and Social Media Story Telling. She has been invited to discuss social media marketing and brand visibility on various podcasts and with local and national associations. Ashley has played an integral part in award-winning social media campaigns including honorable mention recognition with the PR Daily Content Marketing Awards and numerous Silver Telly Awards for Branded Content. She holds a B.A. in government and politics from the University of Maryland and an M.A. in English and creative writing with a concentration in screenwriting from Southern New Hampshire University. Ashley’s work as a ghostwriter has appeared in national and international publications including Yahoo News, China Global Television Network, and The CEO Magazine.
Stephen Colwell serves as CEO and head of strategy for Clarify Media and Completing, two Southern California–based firms specializing in marketing and project management. With over 10 years of hands-on agency experience as a copywriter, brand strategist, and project manager, he brings a broad and deep range of both marketing and operations expertise to the community. From strategy and design to growth and performance, Steve offers a rare mix of creative and analytical thinking toward helping creative professionals, teams, and small businesses accelerate their progress and achieve more. He has led project teams responsible for over $100+ million in annual revenue across four continents. A certified Agile practitioner, Steve is fanatical about helping others work in teams more effectively and operate at their best using the same proven routines practiced by today’s top-performing companies.
Tamian Wood, winner of numerous print and cover design awards, uses art, photography, typography, and digital collage techniques to create book covers that sell. She works with several publishers and a growing number of indie authors. Tamian’s most famous client to date is Pope Francis, whose Encyclical Letter won first place for cover design. With over 25 years in the design trenches, she is also a partner member in good standing with the Alliance of Independent Authors (ALLi) and a co-judge for a monthly cover design contest at Discovering Diamonds Historical Fiction Review site. Tamian has a weekly featured post (Critique Corner) at the Writers of Non-Fiction Facebook group. And she is the director of the LinkedIn group, Authors’ Resource. Tamian holds degrees in computer science and graphic design technology and is a proud member of Phi Theta Kappa National Honour Society.
Robert Moskowitz is an award-winning independent professional writer who has written and sold millions of words in just about every format over five decades. He instinctively sees the big pictures, breaks each one down into coherent slices, meaningfully prioritizes and sequences those slices, and then executes the tasks inherent in each slice in very productive ways. Put more simply, Robert knows how to succeed as an independent writer, covering all the bases from soliciting assignments to delivering polished work, from pricing jobs to budgeting and managing personal finances, from organizing a conducive office environment to establishing and following sensible guidelines regarding life, work, and productivity. Having done all this, and having paid attention to how he did it, Robert is now in a position to pass along what he knows to others.
Meggin McIntosh, the PhD of Productivity, is an award-winning professor who now works with academics who prefer overjoyed to overwhelmed. She is a former university professor and administrator and currently a coach, author, and workshop leader. People who are overwhelmed, and would prefer to be overjoyed instead, are the people I’m fortunate enough to connect with.