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 Posted: Tue Nov 27, 2007 3:39 pm
The title says it all, this post is about copyrights. For a writer, copyrights are an essential part of publishing any work you may produce. Here I will describe various aspects of Copyrighting.
Why do you need a copyright?
Copyrights have been set up in order to protect a writers work from those who want to profit off of something that is not theirs. The concept is much like patents, where the original creator files for the protection and gets sole right to their product. All other versions either need to change the product or make a deal with the patent holder. This applies to copyrights as well. If a writer does not copyright their material than someone else can take their work for their own, making copyrights very important.
Can anyone else make claims to my work?
Usually once a copyright is made no one else can make a claim, but there are exceptions. The most common exception is someone making a claim to the copyright through the original author. An example of this would be the newspaper or a magazine. A writer sits down and writes out the article and then turns it into the newspaper or magazine, who then publish the article as belonging to them. Newspapers and Magazines can do this because the article was written specifically for them by the author.
How long do copyrights last?
Copyrights start the moment the copyright is created. From there the copyright is in effect throughout the copyright owner's life. After the owner dies the copyright is still in effect from anywhere from 50-75 years. After this time has passed the work is then placed in what is called the public domain. (More about the public domain later.)
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Posted: Wed Nov 28, 2007 9:25 am
Public Domain
What is Public Domain?Public Domain is where works go after the Copyright for the work has expired. Various works end up here such as books, music, plays, and just about everything else that can be copyrighted. Everything in the Public Domain is available for anyone to use freely, such as using music for a movie.
Can I claim anything in Public Domain?The answer is no. Items in the Public Domain become property of the public, meaning that no one person can have rights to anything in the Public Domain once it is placed there. Although no one technically owns the material, it is still free to use. Where can I find the Public Domain?
archive.org has a lot of items that are in Public Domain.
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Posted: Thu Nov 29, 2007 8:12 am
So, what can I copyright?
Copyrights protect the authorship of a tangible product. Here is a list of things that can be copyrighted:
1. Literature (Novels, short stories, ect.)
2. Music and any accompanying lyrics (This covers most forms of music)
3. Dramatic works with any accompanying music (plays, on stage dramas, musicals, ect.)
4. Pantomimes and choreographed works (dances and such)
5. Pictures, graphic, or sculpted (Paintings, sculptures, statues, ect.)
6. Movies and other audiovisuals (Including those on the internet)
7. Sound recordings (Sound effects)
8. Architecture (strange but true)
That's a lot of stuff, is there anything that can't be copyrighted?
Actually, yes. Mostly these items are intangible, and therefore impossible to track, so copyrights wouldn't help anyway. Here is a list:
1. Anything that has yet to be in a tangible form. (Like a song that is not put to paper or recorded yet)
2.Titles, names, short phrases, and slogans; familiar symbols or designs. (while the story itself is copyrighted, the title alone cannot be copyrighted)
3. Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices. (all of this is kept open for the common good, although the original author could still be given credit)
4. Works composed entirely of information available to the public, such as calenders. (Basically anything that is already publicly owned)
General tips
Get your works in tangible form ASAP! You can only copyright things that are tangible, even if it is electronic.
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Posted: Fri Nov 30, 2007 3:58 pm
What if I've already posted my work on the internet?
This is actually a common mistake by many writers who are just starting out in this age. Most people think that since everyone can access the work for free they can use it for free, however this is not the case. Everything, and I mean everything, that is posted on the net is considered published and copyrighted. Now, this does not mean that you just lost all rights to it, you still own it. But when you bring your work to a publication company they will shy away since the work is considered the second publication.
Why does that matter?
It matters mainly since publishers want the first publishing rights, to the rights to the first publication. By being the first to publish it they are able to somewhat control the market for that work. Hence publishers usually do not want to take a second publication.
Oh no! How can I fix this?
Once done it is difficult to be undone. Simply taking it down will not help since there are now records of it being published. The only thing you can do at this point is heavily edit, or rewrite, the work so it becomes a new work in and of itself. Other than this the best way to solve this situation is to avoid it all together. This is why I am not asking people in this guild to post their works, since merely doing so will go against what this guild is for.
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Posted: Tue Jan 15, 2008 8:26 am
Does all of this mean I need to register with the copyright office?
Actually the answer is no. A work is considered copyrighted the moment it is created, but if you want to bring up a lawsuit for copyright infringement in the US you would need to register the work. Registering also creates a public file declaring that work copyrighted. Therefore it is advised that you take registering into consideration.
What is a poor man's copyright?
While not widely known, an in depth study of copyrights will bring up a practice called the "poor man's copyright." This refers to the practice of sending your own work to yourself. It is done in order to have an original on file to support copyright claims. However, it is by no means a replacement for registering with the copyright office.
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Posted: Tue Jan 15, 2008 8:31 am
So my work is safe in America, what about other countries?
America defends the rights of its citizens, and therefore has made numerous treaties with other countries on this matter. As of this moment America has copyright agreements with most countries, but not all of them. A list of these countries would take a long time to compile. If anyone would be interested in this please PM Publishingboy.
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Posted: Tue Jan 15, 2008 8:44 am
Must my work be published for it to be copyrighted?
No it does not. As long as the work is in tangible form, published or not, it is considered copyrighted. You may publish a work after a copyright if you wish.
I'm considered by law to be a minor, can I still register for a copyright?
Yes you may, but keep in mind that state laws will regulate business dealings with minors. This will vary from state to state so it would be a good idea to learn these laws.
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Posted: Tue Jan 15, 2008 9:00 am
Pre-registration
Pre-registration, what the heck is that?
This is something new created by the copyright office. It is the process of saving a placecompu for a work while it is being created so no one can copy it for themselves.
Can I pre-register everything?
No you may not. Only items that fit the requirements can be pre-registered. These requirements are:
1. The work must be unpublished. (you would register published works)
2. The work must be in preparation for commercial distribution in either physical or digital format.
3. The work must be one of the following classes of work: Motion pictures, sound recordings, musical compositions, Literary works being prepared for publication in book form, computer programs and video games, and advertising and marketing photographs.
Must I register after my work is completed even if I had it pre-registered?
Yes you must. Pre-registration is basically telling the copyright office that you plan to register that work and asking them to hold you a place. Once the work is completed you must register it and hold up your part of the bargin.
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