Copyright Basics - Writer's Digest

y Jane Friedman
Copyright Basics
Once my work is copyrighted, how long is it protected?
For works copyrighted through the U.S. Copyright Office on or after
January 1, 1978, copyright protection lasts for the rest of the author’s life
plus seventy years after her death. For works published prior to 1978, the
term will vary depending on several factors; see the U.S. Copyright Office
Web site (www.copyright.gov) for an explanation.
What is public domain?
Any published or distributed material on which a copyright has expired is
considered to be in the public domain—that is, available for use by any
member of the general public without payment to, or permission from,
the original author.
When I sell various rights to my work, doesn’t that affect
my ownership of the copyright?
No. Various rights are all part of your copyright, but selling them in no
way diminishes your ownership of the actual work. William Strong, in
The Copyright Book, likens copyright to ownership of land. “If you own
a parcel of land, you can sell mineral rights to A, water rights to B, and
a right-of-way to C, and still be considered the owner of the underlying
property,” he writes. In the case of written work, you may sell paperback
reprint rights to one company, film and television rights to another, and
book club rights to still another without impairing your ownership of the
original work.
When an editor tightens up my article, correcting a
weak ending and other flaws, is the resultant article
still under my copyright?
Yes. Usually, an editor’s changes in your manuscript will not be extensive
enough to qualify as a new work derived from your own. However, if your
work is going to be heavily revised, you should clarify with the editor that
the article is still yours, not hers.

If I transfer certain rights to my manuscript to another
party, do I relinquish those rights forever, or can I get
them back at some point in the future?
If a specific time period is not written into the rights you grant someone—for
example, an option on your book by a motion picture producer
might have a term of one year—then you still have the right to terminate
the grant of those rights. Check current copyright law to find out specifics
relevant to your situation.
How do I copyright my articles and stories?
Under current copyright law, your work is protected by statutory copyright
as soon as it is created in tangible form. It need not be published
to be protected, and you do not have to display the copyright symbol on
your manuscript.
Only if you think you might have to go to court and fight to prove
your ownership of the work is it necessary to register the material with
the U.S. Copyright Office. For the proper forms and more information,
visit the office’s Web site at www.copyright.gov.
How necessary is the effort and expense of having a
work registered at the copyright office before its publication?
Since your work is copyrighted from the moment you create it, the
existence or validity of your copyright will not be affected if you don’t
register the work. You can still bring a lawsuit against anyone who infringes
upon your copyright without having a formal registration, though
you may not be able to collect as much in damages and you may have a
weaker case.
In most cases, it’s not worth the expense or bother to register your
work; the only situation in which you do need to worry about registration
is when writing scripts.
Should I secure a copyright for my book manuscript
before submitting it to trade houses?
No, the publisher who buys the manuscript will copyright the book in
your name. A clause in most contracts between publishers and authors
sets up an agreement whereby the publisher takes out the copyright in
the name of the author. The publisher merely handles the paperwork on
behalf of the author, and the copyright is the author’s property. If you

glance through a sampling of current bestsellers, you’ll find that the author’s
name, not the publisher’s, usually follows the copyright symbol.
A publisher has made me an offer that stipulates it will
own copyright to my work—it’s a work-for-hire situation.
Should I take it?
That’s up to you. Normally, a writer should never give up her copyright
to another party. To give up copyright means that you give up all legal
rights to the work, meaning you cannot benefit from any use of the work
after the initial publication. But if you’re offered enough money for the
work, and you wouldn’t have interest in the material after its initial publication,
it might be worth your time. You’ll have to weigh the risks.
I have copyrighted some pieces that I am trying to sell
as columns to newspapers. If they are published in the
papers, would I have any copyright problems putting
the same material into book form?
As long as you are selling only simultaneous serial rights to the newspaper
columns you have copyrighted, book rights belong to you.
Is there any situation in which I can lose copyright protection?
No, not unless you grant your rights to someone else in writing.
Does the copyright law give copyright protection to
titles?
No, it is not possible to copyright titles of any type.