Life Writing for Publication
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Every writer, whether or not she intends to publish her work, needs to know about copyright. Most of us don't understand the subject very well, so here are a few basic questions and answers that offer some practical ways you can protect your literary property.
What is copyright?Copyright law protects any "work of authorship," which simply means anything you have written down. This includes fiction, poetry, articles, catalogs, brochures, advertisements, recipes, song lyrics-anything made of words. It does not protect facts (although it protects the assembling of facts in a certain order) or titles. It also doesn't cover inventions, names, or symbols, which are protected under patent and trademark law.
What do have to do to get my work copyrighted?Nothing! The minute you put your original words into some tangible form (by dictating them, writing them, typing them) they are your literary property. They belong to you and no one can use them without your written permission. Before March 1, 1989, you had to place a formal copyright notice on your work to gain copyright protection; since that date, you no longer have to do even that. Still, it's a good idea to put this phrase on the first page of your work: "Copyright 2000 by Janet Doe. All Rights Reserved." While your writing is protected without these magic words, they do let people know that you take your work seriously and may keep someone from "borrowing" it without asking you first.
My son says I have to register with the government in order to get a copyright. Is this true?No. Remember, you own the copyright to your work from the minute you've put it into tangible form! However, the U.S. Copyright Office does offer an inexpensive ($20 per work) registration service. All you have to do is fill out the application and mail it with a check and a copy of your unpublished work (two copies, if it has been published). Published works must be registered within three months of publication. Registration makes it easier for you to sue someone for infringement. Contact the Copyright Office, Library of Congress, Washington DC 20559, 202-707-9111, lcweb.loc.gov/copyright/.
How long does my copyright last?This is a complicated question, but here's a simplified answer. For anything you've written since Jan. 1, 1978, the copyright will last for your lifetime plus 50 years. For anything you wrote before Jan. 1, 1978, your copyright is good for 28 years. After that, you must renew it.
If someone borrows my work without my permission, have I lost my copyright?No. Your copyright belongs to you until you assign your rights to someone else.
I want to include a favorite quotation in my work. Will I be violating the author's copyright?The copyright law allows what is called "fair use"-the reproduction of a small portion of a copyrighted work for a limited purpose (teaching, reviewing, etc.) You're probably safe if you borrow fewer than 350 words and cite the source. (On the other hand, you can't borrow even one line from a poem or song lyric without the author's permission.) Also, works no longer under copyright are in the "public domain" and may be copied without seeking permission. |
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Last updated: 03/13/00