Copyright Q&A for Independent Authors, Part 1: Protecting Your Rights

For independent authors, copyright law is an important but often misunderstood issue. What’s the best way for a self-published author to protect their rights to their book, and how can they avoid infringing on someone else’s copyright? And when should they register their copyright?

In this series, we’ll answer commonly asked questions about copyright law and how it affects independent authors. Part 1: How to Protect Your Rights,” looks at how independent authors can safeguard their copyrights to their own books. Then, in part 2, we’ll look at how you can legally use other people’s intellectual property without infringing on their rights.

(Note that we are not legal advisers, and the information below consists of general information available from the US Copyright Office and other sources. For advice specific to your unique situation, contact an intellectual property attorney.)

Topics Covered in “Copyright Q&A for Independent Authors, Part 1: How to Protect Your Rights”:

Isn’t copyright protection automatic?
When should I register my copyright?
     1. Before You Publish Your Book (The Best Option!)
     2. Within Three Months of Publication
     3. Within Five Years of Publication
     4. More Than Five Years After Publication
Can I register my copyright under a pseudonym?
Does registering a copyright protect my rights to my idea?
Does registering a copyright protect my rights to the title of my book?
What if I find my book on a weird website I don’t recognize?
How do I file a DMCA takedown notice?
Can I use a “poor man’s copyright” to protect my book?
Self-Publish with Spoonbridge Press

Isn’t copyright protection automatic?

Yes, any author automatically owns their book’s copyright simply because they created it (or “fixed [it] in any tangible medium”). As the owner of that copyright, you are afforded certain protections. But to exercise those protections, you (or your lawyer) have to actually catch someone infringing on your rights. And then you have to do something about it.

A copyright registration creates an official record with the US Copyright Office. This record states that you, the owner of the work, has the authority to allow others to use your book.

However, the Copyright Office doesn’t set up an alert for your work. They certainly don’t send teams of legal experts out into the world to track down your intellectual property. When it comes to taking down unauthorized listings or bringing legal action against your infringer, that’s all up to you.

When should I register my copyright?

A copyright registration is required in order to bring an infringement claim against someone. However, the timing of your copyright registration has legal and financial implications. Broadly speaking, you have four options for when you register your copyright:

1. Before You Publish Your Book—The Best Option

When you register a copyright for your book, you’ll send a copy of the “best edition” to the Copyright Office. So what is considered the best edition?

According to the US Copyright Office, Circular 7B, Best Edition [PDF]:

“It is the responsibility of the copyright owner to identify the ‘best edition’ that exists at the time of submission.”

We at Spoonbridge Press believe the “best edition” of a published print book is the physical print copy of the book—but sending print copies of your book to the US Copyright Office costs money, time, resources, and materials.

Luckily for savvy independent authors, there’s a loophole: “unpublished works” are “exempt from the best edition requirement.” That’s why we find it simpler and more cost-effective for independent authors to register their copyrights before publishing physical copies. That’s because before physical copies exist, the “best edition” is a PDF of your book.

2. Within Three Months of Publication

If you didn’t submit your copyright registration before you published your book, no problem. You can still submit your application (plus two print copies) within three months of publication and enjoy the same benefits.

“When registration is made prior to infringement or within three months after publication of a work, a copyright owner is eligible for statutory damages, attorneys’ fees, and costs.”

And when it comes to copyright infringement claims, these costs can add up quickly. According to the legal website Nolo.com, the total cost for statutory damages alone can vary widely:

“An innocent infringer may have to pay [statutory damages of] as little as $200, while an intentional infringer may have to pay as much as $150,000 for a single infringement of one work.”

But if this “innocence” idea doesn’t seem so scary, Minneapolis-based business attorney Aaron Hall adds much-needed perspective:

“The statutory damages will likely be less of an expense … than paying the plaintiff’s attorney fees if the case goes as far as trial. Figure on five figures just to get the ball rolling.”

Suddenly, that $65 registration fee doesn’t seem like such an inconvenience.

3. Within Five Years of Publication

If you missed the three-month deadline, you’re not completely out of luck. You can still take your infringement claim to the courts if you register within five years. But if you miss the five-year mark, the court may not recognize your belated registration as proof of ownership.

In layman’s terms: You snooze, you lose.

4. More Than Five Years After Publication

If you’ve waited longer than five years, chances are you’re only thinking of it now because of a copyright dispute. But if you’ve waited this long to register, you may be out of luck.

According to Circular 1, Copyright Basics:

“A certificate of registration creates certain legal presumptions if the work is registered before or within five years after the work was first published.”

And what are those “legal presumptions”? Hall explains, “If you don’t register within five years of creating the work, the court doesn’t have to recognize the registration you do file as self evident proof.”

Can I register my copyright under a pseudonym?

Yes! When you register a pseudonymous work, you can list both your legal name and your pseudonym. Or—provided your legal name is not attached to your work (such as in the copyright statement)—you can choose to list only your pseudonym. (Circular 32, Pseudonyms [PDF])

If the separation between legal name and pseudonym is important to you, you may be tempted to register your copyright under your pseudonym and leave your legal name off of it. The registration is, after all, public record—and you can’t remove your real name later if you change your mind.

Sure, registering your copyright under a pseudonym may help maintain your privacy. But it may also complicate the process of bringing legal action against someone infringing on your rights. If you publish under a pseudonym and your legal name is not public knowledge, consult with a legal advisor first.

Does registering my copyright protect my rights to my idea?

Registering the copyright to your book doesn’t mean no one else can write another book based on that idea. In fact, some authors are surprised to learn that the ideas behind their book are explicitly excluded from copyright protection.

Here’s what the US Copyright Office’s FAQ has to say (emphasis ours):

“Copyright does not protect ideas, concepts, systems, or methods of doing something. You may express your ideas in writing or drawings and claim copyright in your description, but be aware that copyright will not protect the idea itself as revealed in your written or artistic work.”

Translation: as far as the copyright is concerned, your words are your own, but the idea belongs to the world. (If you believe your idea is eligible for patent protection, please consult with a patent and trademark attorney.)

Does registering a copyright protect my rights to the title of my book?

Authors may also be surprised to learn their book titles are not protected under a copyright and can’t be registered.

From the US Copyright’s Circular 33, “Works Not Protected by Copyright”:

“Words and short phrases, such as…titles…are uncopyrightable because they contain an insufficient amount of authorship. The [US Copyright] Office will not register individual words or brief combinations of words, even if the word or short phrase is novel, distinctive, or lends itself to a play on words.”

The book itself may be protected by copyright law, but another author can give their own book the same title.

There are, of course, exceptions. In certain cases depending on use, the title of a book or series may be considered a trademark. Learn more at the US Patent and Trademark Office’s “Title of a Single Creative Work.” (And remember, always consult an attorney for guidance on your specific situation.)

What if I find my book on a weird website I don’t recognize?

The internet is a wonderful place where authors can connect with readers from all over the world. But it’s also a place where piracy runs rampant. Your book is going to get stolen and put on a weird website. That’s just part of being an author in the world. You can’t control it any more than you can control the wind.

Of course, depending on how you distributed your book, it may be (correctly) listed on retailer websites you don’t recognize. After all, leading distributors send your book listings to many thousands of bookstores all over the world. But it’s not unusual for independent authors—us included—to find rogue copies of their book on unauthorized websites.

If this happens to you—and it probably will—you can choose to ignore it, or you can take action. Some authors simply ignore it, concluding that most paying readers obtain books through slightly less suspicious channels. Some authors submit a DMCA Takedown Notice.

But while you can file a DMCA takedown notice without an official copyright registration, registration makes ownership easier to prove.

How do I file a DMCA takedown notice?

According to DMCA.com, you don’t need a lawyer to contact someone infringing on your rights. You just need three key pieces of information:

1. The infringing URL (a link to the website where your content appears)
2. The source URL (a link to the website where your content was located, even if you’ve already removed your content)
3. A description of ownership (a brief explanation that you are the rightful owner of your book)

Once you’ve collected that information, get in touch with the website owner or ISP with your request. (If you’re not sure who to contact, try the US Copyright Office’s DMCA Designated Agent Directory.)

For more information about DMCA notices and takedowns, visit the Copyright Alliance’s “The Digital Millennium Copyright Act (DMCA)” resource.

Can I use a “poor man’s copyright” to protect my book?

There’s a wild theory out there that by sealing your manuscript in an envelope, mailing it to yourself, and leaving it unopened, you are somehow creating legal proof that you created that work at some point before the date on the postmark.

But if you’ve ever seen a spy movie, you know that envelope glue is not infallible.

Court judges have seen those movies too. Simply put, it is not likely that your copyright claim will be upheld by a piece of your own mail. If you’re really considering going through all that trouble to protect your copyright, take it one step further and register with the US Copyright Office.

Publish with Spoonbridge Press!

When we publish a book for our clients, we give you the option to have us file your copyright registration on your behalf, giving you one less detail to worry about so you can focus on your publication.

To learn more about how we can help you publish your book, register your copyright, and start your author career on the right foot, schedule a free author consultation with Spoonbridge Press.