Full question:
How do you write a book and protect your ideas and work?
- Category: Copyrights
- Date:
- State: Arizona
Answer:
Copyright is a form of intellectual property that protects authors of works like books, articles, plays, movies, songs, and photographs. Copyright is automatically secured when a work is created and fixed in a tangible form, such as a manuscript or recording.
Once created, the copyright belongs to the author. Only the author or those who inherit their rights can claim copyright. No registration or publication is required to secure copyright, but registering has benefits:
- It establishes a public record of your copyright claim.
- You must register before filing an infringement lawsuit for works of U.S. origin.
- If registered within five years of publication, it provides prima facie evidence of copyright validity in court.
- If registered within three months after publication or before infringement, you can claim statutory damages and attorney's fees in court. Otherwise, you can only recover actual damages.
- Registration allows you to record your copyright with the U.S. Customs Service to protect against the importation of infringing copies.
Registration can occur anytime during the copyright's life. For works made for hire, the employer is considered the author. A work made for hire is defined as:
- A work created by an employee within the scope of their employment; or
- A work specially ordered or commissioned for use as:
- A contribution to a collective work
- A part of a motion picture or audiovisual work
- A translation
- A supplementary work
- A compilation
- An instructional text
- A test
- Answer material for a test
- An atlas
If both parties agree in writing, the work can be considered a work made for hire. In joint works, all authors co-own the copyright unless otherwise agreed. Copyright for contributions to a collective work is distinct from the copyright of the collective work itself and initially belongs to the contributor.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.