So you’ve written your novel or screenplay and you’re wondering if you’re entitled to that little symbol next to your name ©.
What exactly is a copyright?
The term "copyright" can be misinterpreted. Actually, copyright exists the moment your work is created. The copyright symbol © illustrates ownership and gives the author of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works, protection against their work being taken and well, basically, copied. According to the U.S. Copyright Act of 1976, this includes both published and unpublished works. Registering for a copyright gives you protection against infringement.
The Act if 1976 gives the owner of copyright the exclusive right to do and to authorize others to do the following:
- Reproduce the work in copies or sound recordings.
- Make derivative works based upon the original.
- Distribute copies or sound recordings of the original to the public by sales, rentals, leasing, lending or licensing.
- Perform the original publicly; and that would include the use of digital audio.
- Display the original publicly
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited and should be investigated if you are unsure.
Who can claim a copyright?
From the time a work is created in “fixed form,” the work instantly becomes the property of the author, or someone obtaining their rights through the author.
Is your work eligible to be be copyrighted?
Anything that is in a “tangible form” of expression is copyrightable. This includes the following categories:
- literary works
- musical works, including any accompanying words
- dramatic works, including any accompanying music
- pantomimes and choreographic works
- pictorial, graphic, and sculptural works
- motion pictures and other audiovisual works
- sound recordings
- architectural works
Still not sure? Understanding what can’t be copyrighted might help. Generally, things that aren’t tangible aren’t eligible. For example, choreographic work or performances that haven’t been recorded. Also, titles, short phrases or slogans. Ideas and works that are made up entirely of information that is considered common knowledge or property and contain no original authorship (for example: standard calendars, height and weight charts) cannot be copyrighted.
Time is on your side
Copyrights are automatically and “ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death” for any work that was created (fixed in tangible form for the first time) on or after January 1, 1978.
For works created before 1978, most of the same law applies but can be more complicated. Check with the U.S. Copyright Office for clarification.
“International copyright” doesn’t exist throughout the entire world. However, most countries do offer protection of foreign works under certain conditions.
Registering a piece of work with the U.S. Copyright Office is easy and makes sense if you are worried about infringement. Forms are available at their website and usually take about 4 months to process.
Possession isn’t necessarily 99% of the law
Copyrights can be transferred, but should be handled through an attorney specializing in copyright law. It’s important to understand that just because someone has purchased or owns a book or manuscript, it doesn’t give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
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