This article aims to debunk common misconceptions about copyrights and provide a detailed understanding of the subject. It is a common belief that one must "obtain the copyright" to their written material before it can be published, or that one must "apply" for it. However, this is not the case. This article will provide simple yet crucial facts about copyrights that can assist you in your journey to getting published.
Firstly, it is crucial to understand that an idea cannot be copyrighted; only the written material can be. For instance, if you have written an exceptional self-help manual on breeding guppies and filed for your copyright with the Library of Congress, you cannot sue someone for using the same principles outlined in your manual unless they are using your exact words. The words, phrases, sentences, paragraphs, and chapters that you wrote belong to you, and it is illegal for anyone to reproduce or use any of that text, in part or in whole, for profit without your permission. However, you must be able to prove that your exact words have been stolen before you can get an award for copyright infringement.
You "own" the copyright to your text, all its words and clever phrases. You don't even have to file with the Library of Congress to have the copyright on your text. The copyright is conferred upon you the minute you write your material. All you have to do is be able to prove, beyond any doubt, the date that you wrote the material. For your protection, it is wise to print and date your material, and establish with a third party through a written communication that you have just finished your text. At that time, you can legally affix the copyright symbol (the letter c inside a circle) to your work.
Formal copyright comes into play when you file with the Library of Congress (and pay their required application fee). This allows you to establish definitively a date of copyright that will stand up in any court of law. Any judge or jury will defer to your date over someone else who can merely claim by word of mouth that his text came before yours. It's a good idea to formally copyright any text that you are planning to market.
Having the copyright doesn't mean that other people can't quote your work. They may do so, as long as you are given full credit for having written it prior to their use. This is called a "reference" or a "citation". However, not everyone cites original authors as scrupulously as they should, so beware of whom you casually let look at or read your text (or to whom you give a copy).
Copyrights are not forever. Typically, a copyright lasts for 50 years past the natural life of the original author. Authors' heirs may sometimes re-apply for copyrights, but generally written texts that are this old are considered "public domain" and may be reproduced without paying the author's family a royalty fee.
In the publishing world, many publications require that you relinquish your copyrights to the work in return for having your work published. Once you've relinquished your copyright to a given work, you cannot sell or submit that text again unless you get express approval from the publisher that now owns the copyright.
There are sites on the World Wide Web where you can post your work for others to read or use as they see fit, so-called "free sites." In cases such as this, there should be a disclaimer that anyone who uses or reproduces your work must give you full credit. If you find that someone is profiting from your work and that you have not been compensated, you can file a copyright infringement suit against them.
As of the date of this article, the current copyright fee is $30. All the instructions and necessary forms can be found on U.S. Copyright Office's web site. It is advised that you mail your application with a "Return Receipt Requested" from the U.S. Post Office. This is your proof that the Copyright Office has received your copyright application.
