To Copyright or Not To Copyright, that is the question.
What’s an author to do? I’ll keep it simple - If your work is original, the copyright is assumed. In other words, you do not have to register your work with the Library of Congress and receive an official copyright registration in order to consider your work copyrighted. Most romance authors published by epubs do not register their work with the Library of Congress. That includes me. As I said, the copyright is assumed and our publishers state in the title pages of our books that this work is copyrighted.
So why copyright? Why bother? Well, let’s say you have a unique work of fiction or nonfiction and you choose to submit it to numerous publishing houses - epubs and otherwise - and literary agents. And let’s say you haven’t copyrighted the work. What are your risks?
Most publishers and agents know the law far better than you and they have no intention of stealing your work. If you are extremely lucky, the publisher or agent will acknowledge the receipt of your work and you’ll receive that one in a hundred precious personal rejection letter. That’s about it. Rarely, someone might find your idea interesting and mention it to a writer they know, possibly a writer already in their house, or on their client list, or even a friend. Important***you cannot copyright an idea. That means, hypothetically, that if a world famous author reads your manuscript, is intrigued by the concept, and decides to write an original work putting their own spin on your idea - such is life. You have no recourse. On the other hand, hypothetically, if a world famous author loves your concept and releases your book as their own, maybe changing the names and locations and tweaking a scene or two, that is copyright infringement - but you still have little recourse. Why? Because you didn’t officially copyright the work and although you may be entitled to minimal damages, if little old nobody you can prove those damages in the first place, your legal fees will likely far exceed any monetary recompense you receive.
If you register your work with the Library of Congress for a nominal fee and someone steals your work, you are entitled to damages that will far exceed your legal fees. The basic fee for a copyright registration is $35.00, a small price to pay for peace of mind. http://www.copyright.gov/
Now, what sorts of works would I consider copyrighting? My nonfiction work. I always copyright my nonfiction work and in fact, my action recently paid off when a former publisher continued to market and receive royalties on a work that was no longer under contract with them. Not only had the rights to the work been returned to me many months before, I held the registered copyright. Hindsight may be 20/20, but foresight is 20/15. Yes, I incurred some legal fees, but the publisher got a well-deserved slap on the wrist.
In the future, if I should write a longer work of mainstream fiction and decide to give the major print publishing houses and literary agents another go-round, before I send my work into the big blue void I won’t hesitate to fill out a form, pay my fee, and register a copyright.
In other news - Siren author Beth Carter tells me that her work, Black Leather Pants, is being released in print. Congrats!
http://www.sirenpublishing.com/bethdcarter/
Small town girl Penny Varlet has moved to Los Angeles to pursue her love of art. Her boss, Kiley Laurent, is a sinfully sensual man who finds his way into her erotic dreams. One night, while working late, they act on their impulse and share a moment of raw passion. Circumstances continue to throw them together, until one night, while working late, Penny is attacked by an intruder and hurt. Kiley whisks her away to Paris to heal, showing her a world of art and wonder. As she heals, can Penny put the anger over her attack to rest and find the courage to act on her love for Kiley?
“I was always told to write what you know. In 2004 I was living in Paris, France and had this vision of a woman coming to see the sights and explore the city like I was doing, and falling in love with a Frenchman. Much of Penny’s experiences in France are actual ones I lived through, so her journey is also my journey!” ~Beth~
Beth Carter has a contest on: http://groups.yahoo.com/group/JustEroticaRomanceKontests/?yguid=400919632
You can win a print copy of Black Leather Pants or an ecopy of Spirals. Her new work, An Innocent Heart, comes out with Siren in late March.
