Book Business

Checked Your Copyright Lately?

Have you checked your copyright lately? I mean, have you actually gone to the US Copyright Office website and searched for your registration? You might be surprised at what you won’t find. Here is the link to start your search.

Most publishing contracts have a clause that requires the publisher to register the copyright, in the name of the author, with the US Copyright Office. This is supposed to be done as part of the in-house paperwork process. In addition, indie authors tend to forget this step to protect their work.

If you do not find your book, don’t panic.

I repeat. If you do not find your book title, don’t panic. The copyright law is very specific that your work is still protected by the law. However, having it officially registered guarantees your protection. If someone steals your story, your characters, etc., you have to be able to prove when you wrote it originally. That provenance is the key to your protection of your intellectual property.

If you are a published author and you do not find your work registered, contact your publisher in a kind voice and request that they comply with the requirements of your contract on this issue. Some may even have a copy of the certificate of registration on file that they can send you.

Don’t assume, if you can’t find it online, that your publisher failed. It may be that you didn’t do the search correctly. (Never underestimate the power of user error.) Or maybe the title or your name was misspelled in the registration process. That is why it is important to stay calm and make a reasonable request for help from your publisher. Your agent cannot do this for you since you are the copyright holder; the agent is not.

So, if copyright is automatic upon creation, then why check for your registration? The government’s site FAQ has some great answers to that question:

  • Copyright registration establishes a public record of the copyright claim.
  • Before an infringement suit may be filed in court, copyright registration is necessary for works of US origin.
  • If made before or within five years of publication, copyright registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
  • If copyright registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
  • Copyright registration allows the owner of the copyright to record the registration with the US Customs Service for protection against the importation of infringing copies.

In the past I made the mistake of telling people that you can just mail yourself a copy of your manuscript (and not open it) to let the postmark be “evidence” of the date of creation. This is also known as “poor man’s copyright.” Unfortunately, there is nothing in the law that says this is sufficient. Use the online registration service and pay the $35 fee if you wish to register your material yourself.

By the way, try not to be tempted to copyright your work before sending it to agents or showing it to editors. This could create some duplication of records if the book is traditionally published. For a more complete understanding, take Sally Stuart’s class for only $6 at The Christian Writers Institute (course link here).

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Rumbles in CBA

News broke late last week that key staff people in CBA (aka Christian Booksellers Association) are no longer working for the association. In what appears to be a purge, Curtis Riskey, president for 11 years, is no longer working there. Other key people are either no longer with the organization …

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Many Happy(?) Returns!

by Steve Laube

Every first-time author is confronted by the reality of “Reserves Against Returns” as part of publishing economics. It is usually a shock and elicits a phone call to their agent crying “What happened to my money?”

Did you realize that book publishing is the only “hard goods” industry where the product sold by the supplier to a vendor can be returned? This does not happen with electronics, clothing, shoes, handbags, cars, tires…you name it. If it is a durable good the vendor who buys it, owns it (which is why there are Outlet Malls – to sell the remaining inventory). Except for books. Somewhere along the line the publishers agreed to allow stores to return unsold inventory for credit. In one sense, publishers are selling their books on consignment. Bargain books are actually resold by the publisher (after getting returns or to reduce overprinted inventory) to a new specialty bargain bookseller or division of a chain (which buys the bargain books non-returnable).

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New Author Acronyms for The Oxford English Dictionary

Last week the Oxford English Dictionary (OED) added a bunch of new words to their august tome. What made news is that four of the words aren’t words at all but acronyms that have crept into our everyday communication via the Internet. “Words” like LOL, OMG, BFF, and IMHO.

In honor of this auspicious occasion I thought it would be fun to see if we can find other acronyms that should become part of our language, if for no other reason, because of their frequent use.

IHMM (I Hate My Manuscript) – A common cry of every writer while in the midst of the creative process. Self-doubt and lack of confidence create this acronym.

INMT (I Need More Time) – Deadlines should be carved in stone, but are often sketched in pencil. Ask any editor what frustrates them the most and missed deadlines will be in their top five.

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Amazon Rank Obsession

Admit it. You’ve checked your Amazon.com sales ranking at least once since your book was published. You feel the need to have some outside confirmation of the sales of your book. And Amazon’s ranking are free to look at.

I’ve even seen book  proposals where the author has gone to great lengths to include the Amazon ranking for each title that is competitive with the one the author is proposing. A prodigious amount of wasted effort.

Publishers rarely pay attention to Amazon rankings unless yours gets below 1,000 or if you get in the top 100.

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Create Magic with Words

Years ago, I took my five-year-old daughter to Toys R Us to meet “Barbie.” “Barbie” turned out to be a cute and charming teenager who, yes, looked like the classic blonde image of the doll. She wore a pretty pink gown. I expected a lot more fanfare around this event. …

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Your Money is Your Business or Keep a Lid on How Much Money You Make

How much should author friends reveal to each other about contracts or other business dealings when they have business with the same publisher?

I think it is a huge mistake to reveal the amount of your advances to other authors. This is similar to finding out the salary of the co-worker in the office cubicle next to yours. When I was a retail store manager we had major problems when salaries were revealed, a near fist-fight between two people who had been friends.

Money is viewed as a measure of worth; i.e. a measure of the worthiness of your work.

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