To Register or Not to Register Your Copyright, That Is the Question

Over the weekend, I read a disturbing article http://www.rtbookreviews.com/rt-daily-blog/plagiarism-plagues-self-publishing from RT that sparked a discussion on the Self-Publishing Forum on the MyRWA website. The article is about the rise of plagiarism among books that are being self-published and what an author can do to protect themselves. Essentially, there are people out there stealing other’s works and self-publishing them as their own.

This got me to thinking… One of the most basic ways we can protect ourselves is by registering our copyrights with the Library of Congress. But should we?

After doing some research, I believe it is. But first, I must add this disclaimer—I’m not a lawyer and I’m no expert. I got my information from the Copyright Office website, other blogs and articles on the issue of copyright law and protection. I’ll add the list links to the bottom.

I know what most of you are thinking… The moment we write an idea down, it is now ours and is copyrighted. It belongs to the writer, so why go through the hassle and expense of registering it?
But here’s the answer why we should:

MONEY!

And I’m not talking about the $35.00-$45.00 it takes to register the work. I’m talking about statutory damages. If you don’t register your copyright, you can’t sue for statutory damages! You can still sue, but if your copyright isn’t registered, you will have to:

1. Prove the work is yours and was yours long before the infringement happened. Relying on a “Poor man’s copyright” won’t cut it in court if the other person is claiming YOU are the infringer.
2. Pay for your lawyer and the court costs.
3. You CANNOT sue the infringer for money!

Now, when you register your copyright:

1. The proof is now on the infringer, but since you have registered your copyright, you have all the proof that it is yours.
2. The infringer pays for your lawyer and court costs.
3. You CAN sue them for money!

Let me use an example (I’m modifying an example from a webinar I watched on this topic by a copyright lawyer—also listed in under sources.) Let’s say you self-publish a book, you are unknown and didn’t do much promotion, didn’t have money to edit, so you didn’t sell well.

Okay, someone reads this book thinks it the next Harry Potter or Twilight but needs a little help (it needs editing and the writing needs cleaned up—BUT story is still yours!) She takes your characters, your world and basically your story—her only contribution was editing. She self-pubs this book and makes a fortune! She gets a book deal from the biggest of the NY 6 and a movie deal…She’s rolling in the money on your idea!

Here’s what will happen if you have registered your copyright. You contact the Copyright Office and file that there has been an infringement. You hire a lawyer and file a lawsuit. The thief can’t prove she’s done more than edited the book and promoted the hell out of it. You win the case and she ends up having to pay all the court costs and you millions—Remember this is the next Harry Potter.

Now, here’s what happens if you do not have your work registered. Oh, you can still sue, but now you must prove the work is yours… Easy, you say, because you always send yourself a copy of the work—a “poor-man’s copyright.” Well, this doesn’t hold up in court. Even if the court decides the work was yours, you don’t have the right to sue for damages! Basically, all you can come away from your lawsuit with is a piece of paper saying “yes, the work is yours” and a bill for the court costs. Sure, our thief may be ordered to cease and desist, but she gets to keep the millions that should have been yours.

Boy, to me that $35 bucks and the PIA paperwork sure doesn’t seem so bad now.

But this isn’t just for the self-published to be aware of. My first book will come out this year published by The Wild Rose Press. They put the notice of copyright in the front of the book, but they do not register the copyright. If I want the copyright registered, I must do it on my own. Read your contracts and ask questions. If the work isn’t registered, I’d suggest doing so… Don’t assume you can register it later. You can, but if there is an infringement, you must prove the book is yours, and that can a real PAIN.

Sources:
http://www.copyright.gov/help/faq/faq-general.html
http://learn.lawline.com/video/why-is-it-important-to-register-a-work-with-the-copyright-office/
http://www.seomoz.org/blog/why-you-should-go-through-the-trouble-of-registering-your-copyright-when-everyone-tells-you-that-you
http://womeninbusiness.about.com/od/copyrightlaws/f/FAQlaw-should.htm
http://law.freeadvice.com/intellectual_property/copyright_law/register_work_copyright_protection.htm


Photo Credit: © Stuart Miles

In The Zone with Zee: Of The Job of Writing...

Hello beautiful people!

It's the 26th of the month, and after unfortunately not being able to post for the past 2 months, I am back in my monthly Agony Zee slot here. I missed you, guys & gals! :)

So before we start waxing lyrical and passing the tissue box around, let's jump right in with this month's query. It's something I believe will resonate with most of you out there - take a look.

And if there's a query you want answered, whether pertinent to the writing craft or to the writer's life, don't hesitate to drop me a line at zeemonodee@hotmail.com

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Dear Agony Zee,

I started writing a few years ago. I love the thrill of putting words down and creating my world filled with all those terrific people I get to invent.

I got to the point where I couldn't keep this part of my life bottled up, and so I have come out, so to speak, with my intellectual inclination.

Unfortunately, I wasn't met by the accolades I was expecting to receive. I mean, all I asked for was some support, not for people's eyes to glaze over and then they'd all pat me on the head with a half-smile, the kind people reserve for over-imaginative children or that old aunt who's not quite right in her head.

Can I prove them wrong? I don't want to sound petty or mean, but they do get to me sometimes. Any words of advice?

Signed,

I am a writer!

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Dear I am a writer,

Congratulations on following your call and actually writing a book - you'd be amazed how many people decide they're writers but don't do a thing towards actually finishing a book! Hats off for 'coming out' too, though that kinda stung, innit?

Do I have words of advice for you? Let's see...

Ever wondered about all those names you see in the credits of a movie? The first time I really looked, I never thought there were so many jobs associated with making a flick. You have the directing crew, production crew, casting directors, editors, lighting crew, action/stunt team, among many others.

All these people are working towards a common goal – making a movie, and making it the best they can.

In this light, this team is not different from who you, the writer, are rolled into a one and single person. How? Here are some explanations:

You come up with a story, and you decide to flesh it – you’re doing the job of the scriptwriters.

You need people to ‘act out’ this story – you find ‘actors’ (characters for writers) same as the casting directors.

Next, you need to provide the setting for your story to take place in – that’s the same as the job of the production team.

Then, you place your characters in the setting, say, for a rehearsal of some kind. At this stage, you need props, clothing and accessories – the job of the accessories/props/clothing/hair/makeup departments.

You also need lights and other environmental details to be fitting for the tone/mood of your story – the technical crews come in here.

If you have action scenes in there, you bring in the stunt crew who will work those shots for you and the martial arts consultant and the fight choreographer (that's your research, btw!).

Finally, you carry out the story – not different from the director of the movie who wants to see his/her vision of the plot acted out. You watch the characters/actors play out each scene, then you decide whether to ‘cut’ or keep on ‘shooting’.

When the ‘shooting’ is done, you end up with a first draft, which goes in the hands of the editing crew and the post-production crew. This is the same as layering, beefing, and smoothing your draft into a finished product.

And here everyone else thought you were simply writing!

You as the writer are the whole crew of your picture, and make no mistake about it, ’coz the success of your flick at the box-office lies in your hands. Scary prospect, isn’t it?

How to make this realization work in your favour? Think like a movie crew, and take some pointers from them.

So next time you’re watching a DVD, take a minute to watch the ‘making of’ section, and if you’ve got the time and inclination, watch the whole movie a second time with the commentary on. You can learn lots just from this feature – for example, why they used this bit and not the other, how they came up with the setting, how they devised the strategy to come up with the mood and portrayal of the story, how the characterization took a life of its own, among others.

Never underestimate a movie’s potential to teach you some threads of the craft. The crew that puts the movie together is really no different than you are. Their means is visual while yours is the written word. Take a peek at how they bring it all together. You may just learn a few tricks yourself.

Hope this helps!

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Got a question for Agony Zee? Drop me a line at zeemonodee@hotmail.com with your concern/issue/dilemma.

If you've got a minute, check out my blog, and my romantic suspense/espionage thriller that released with Noble Romance Publishing a few weeks ago. :)