The following dangerous and naive misinformation was posted on the Facebook page of Peppertree Press, and on the blog of Peppertree boss Julie Ann Howell: "I often get questions from authors about copyright. My favorite way to copyright might sound old fashioned; however... it works. Print out your manuscript and then mail it to yourself and do not open it. Tuck it away in a drawer. It will stand up in a court of law."
It probably won't stand up in an American Court.
The practice of mailing a copy of your own work to yourself is sometimes called a “poor man’s copyright.” This is not a substitute for official registration and it probably won’t be useful in a lawsuit. It is easily faked by mailing an empty envelope and inserting a document -- even years later.
There is no way to prove when the envelope was sealed.
A publisher should know better. If you book is published by Peppertree, make sure they use the standard method of copyright registration, not Julie Ann's "favorite way."
An ignorant fool even provides visual instructions for achieving non-protection on YouTube.
It is commonly believed that a creative
work must be registered with the government to be protected by copyright. That’s not true. Your precious work is legally
protected from copycats from the moment of creation without your having to fill
out any forms or having to pay even one penny to the Feds. Your work is copyrighted even
if you don’t put the © copyright symbol on
it.
However, there are still advantages to going through a formal copyright
registration, particularly if you end up suing for copyright infringement.
Copyright is a form of protection, grounded in the U.S.
Constitution and granted by law for original works of authorship such as poetry, novels, movies, songs, computer
software and architecture, fixed in a tangible
medium of expression. Copyright covers both published and unpublished
works.
Your work is under copyright protection the moment it is created and fixed
in a tangible form that is perceptible either
directly or with the aid of a device. That means that what you put on a website or blog is
copyrighted.
Copyright does not protect facts, ideas, discoveries,
systems, or methods of operation, although it may protect the way they are
expressed. The YouTube video discusses copyrighting an idea. That's ignorant and irresponsible.
Copyright protects original works of authorship, while
a patent protects inventions or
discoveries. A trademark protects
words, phrases, symbols or designs identifying the source of the goods or
services of one entity and distinguishing them from those of others. A book’s
title can’t
be copyrighted, but it can sometimes be
protected as a trademark.
Copyright registration is voluntary. Many people choose
to register their works because they want to have the facts of their copyright as a public record and have a certificate of
registration. Registered works may be eligible for statutory damages and
attorney’s fees in successful litigation. If registration occurs within five
years of publication, it is considered prima facie evidence in a court
of law. Registration within 90 days gives you the most protection.
The
fee for filing a copyright application online, using the new electronic
Copyright Office (eCO), is just $35. Self-publishing companies often
charge much more to get a copyright. CrossBooks charges $204. Schiel & Denver charges
$250! It takes less than 15 minutes to register online. The fee is $50 if you register with a paper application.
By
custom (not by law), if you publish a book during the last three or four months
of the year, you can use a copyright date of
the next year. This makes the book seem to be a year fresher as it ages. However,
DON’T register it until the year shown in the book.
Copyright Office website: www.copyright.gov
Electronic Copyright
Office: www.copyright.gov/eco/notice.html
Physical Address:
When I publish my books, I send a final copy of my book to the LOC (as obliged through my PCN membership). The final book has a nice title page with the PCN and the ISBN. Do you think I should send a copy to the Copyright office also?
ReplyDeleteTo Steffan: Since the Copyright Office is part of the LOC, there should be no need to send a second copy. I've never done it, and the LOC has never asked for an additional copy.
ReplyDelete