Tag s | 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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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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So You Want to Be In Pictures? (The Sequel)

To simulate how the book-to-film process really works, I waited five years to write this sequel to my original post on books and films. Experiences with book-to-film connections are a very real box of chocolates for authors ever since the opportunity to connect the two media debuted a hundred years …

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Four Myths about Agents

I was amused when I recently received a note from an author who had decided I’m a human rather than an infallible goddess. Not sure if I should be glad or disappointed! Since many authors don’t interact with agents, let me dispel a few myths about us: 1)  Myth: Authors …

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Same Message, Different Reader

When a published book is successful (sells well), the publisher and author begin pondering how to be successful again with the next book. Often times, the solution to the repeat-success puzzle in non-fiction is having a similar message but aimed at a different audience. You’ve seen it happen many times, …

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The Literary Agent: How Does This Work?

While literary agents have been part of the publishing eco-system for decades, it wasn’t too many years ago agents in the Christian publishing market were rare. Fast forward to today when most of the larger Christian publishers require an author have an agent before they will consider publishing them. Before …

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Two Ways to Think About Your Book

Two of the many complexities within book publishing are how often the book buyer and the book reader are different people and how books may sell only in limited locations. Some people read only what someone else buys for them. Some books sell primarily in one city at one retail …

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Promotion: Faithful or Self-full?

“What’s the difference between promotion and self-promotion? How do we promote ourselves/our books so that we honor God, respect others, and use common sense?”

The constant tension between marketing and ministry has plagued the Christian author, speaker, bookseller and publisher forever. Why? Because Jesus threw the money changers out of the temple. Because we are commanded to die to self and to humble ourselves in the sight of the Lord….

And yet, our society…our culture insists, even demands, that we market and promote our message.

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Making Decisions for Others

Because book publishing is surrounded by semi-regular failure, no matter if you are an agent, author, or publisher, the ability to deal with adversity is a defining characteristic of anyone who is successful in it. It’s a lot like baseball, where a high level of failure and adversity are part …

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