Guest Blogger Spot - Protecting Original Writing with Copyright Law - Katherine (Tori) Lutz
Protecting
Original Writing with Copyright Law
Original writing, whether it is poetry, a
novel, or a screenplay, is an inherently creative work. Fiction or nonfiction,
writing is a product of the author’s own unique voice, and can thus be legally
protected under intellectual property law. Here’s an overview of how this is
done.
Creative Work and
Copyrights
In the U.S., intellectual property law is a
wide field covering everything from trade secrets and branding to inventions
and artwork. Copyright law specifically covers original creative work, which is
the category that original writing falls under.
As per the federal government, as soon as a creative work
is “created and fixed in a tangible form that it is perceptible either directly
or with the aid of a machine or device,” it has an inherent copyright that can
be used to protect from infringement.
There are some exceptions to this, like if
you’re writing something on behalf of a client or company and have agreed that
they will received sole ownership of the material. But in most cases, the
copyright goes to the author.
So does this mean that as soon as you’ve
written something, you should rest easy knowing that your legal work is done?
Not quite.
Why You Should
Register a Copyright
Copyrights can (and should) also be
officially registered with the U.S. Copyright Office. This is a relatively
straightforward process, but it does cost a small fee. So why go the extra mile
to register a copyright for your original writing?
First and foremost, any copyright claims
filed before the federal system will require you to register your copyright as
part of the process anyways. This meant that the choice of registration is
really just a matter of timing. However, waiting too long can cost you.
The most money you can get awarded through
a successful copyright litigation where your work was not previously registered
is whatever profits the infringer made. Say that a celebrity stole your poetry
and put it on their official website claiming it as their own. If no significant
profits were made as a result, you may be able to get the poem taken down, but
receive no money.
If your artwork was under a registered
copyright, however, you could be looking at $150,000 as a fine to the infringer
for intentionally stealing your work. There are even fines for unintentionally
stealing work but refusing to stop.
J.D. Houvener, of Bold Patents San Francisco, elaborates on the
upsides of registration:
“Litigation and attorney fees are another
aspect of copyright litigation that can be paid for, but only if the copyright
was registered beforehand. Another key thing to note is that the act of
registering a copyright makes it apparent that you are the legitimate owner of
your original writing, which can be a strong case in court. Otherwise, many
copyright cases rely on a he-said she-said process where it can be hard to
prove the genesis of something that is unpublished.”
In short, given the benefits of registering
a copyright and the fact that you have to do so eventually anyways to have any
legal sway, sooner is better than later. Start at the U.S. copyright registration page, and you can
get your original writing protected in no time.
In Summary
Writers and authors are creatives just as
much as musicians and artists are. This means that original writing deserves
the same protections as other creative work, and the U.S. legal system agrees.
Given the
many financial benefits that come with registering a copyright for original
writing, the added legitimacy, and the eventual necessity to register a
copyright anyways when making any sort of claim, this process should be the
go-to for any writer as early as possible in their process. We hope you found this
article informative and helpful; for more, check out our blog!
Katherine (Tori) Lutz is a graduate of Florida State University and
current student at Columbia University. Her professional experience
largely surrounds the areas of writing, editing, and marketing. She
currently lives in New York City and spends her
free time with friends and her cat, Garfunkel.
Katherine (Tori) Lutz
Freelance Writer, Editor & Social Media Strategist
Twitter: https://twitter.com/Torilutz
Instagram: https://www.instagram.com/torilutz/
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