I went to a local author club meeting and they were very focused on getting their physical books copyrighted via the Copyright.gov portal.
For eBooks, is it necessary to register the copyright to protect your rights for the Amazons of the world?
Frankly, the authors weren't clear on the process and a few said it wasn't worth the effort. It sounded like it could take months and cost $35 per book.
Thoughts?
Thanks
G Younger
I'm not an author but I would make the decision to register based on logic.
• Do I expect the revenue on a book to be sufficient to at least pay for the registration?
• Do I expect the revenue on that book to be sufficient to go to court for a copyright infringement case?
• Can I accept that the registration only protects against infringement in those countries that respect and protect the copyright in the first place?
I expect that a copyright registration makes it easier to get plagiarism removed from Amazon and other established sites that sell books. It won't do anything against the Russian site that posts an almost complete copy of SOL that we found a few months back.
I expect that a copyright registration makes it easier to get plagiarism removed from Amazon and other established sites that sell books. It won't do anything against the Russian site that posts an almost complete copy of SOL that we found a few months back.
Having a Registered copyright makes NO difference in your ability to have a plagiarized copy removed. It ONLY applies in being able to sue (within the U.S.) for monetary damages based on how many of YOUR sales the other author MIGHT HAVE 'stolen' from you. It's a very 'iffy' legal thing to define.
As soon as you write it, you own the copyright. You don't even have to have the copyright symbol anymore. You used to, but not anymore.
By filing it with the copyright office (and that's only for the U.S.), you have proof of copyright ownership. But if you can prove you're the copyright owner another way, it's not needed.
Now in the U.S., if you want to sue for damages, it needs to be copyrighted with the Copyright Office. However, you can file for the copyright after the fact before you sue (as long as you can prove you're the copyright owner).
I have copyrighted my books for ego purposes, copy of ebook is now in the library of congress. Cost 55 dollars us each. Took hour for first book, considerably less after that. Acknowledged in days, certificates several months. Now I am there with father and sister, gotta keep up with the family.
of more importance is Legal Deposit. For the US it's:
Legal deposit is a legal requirement that a person or group submit copies of their publications to a repository, usually a library. The requirement is mostly limited to books and periodicals
In the United States, any copyrighted and published work must be submitted in two copies to the United States Copyright Office at the Library of Congress.[71] This mandatory deposit is not required to possess copyright of unpublished works, but a copyright registration can give an author enhanced remedies in case of a copyright violation.[72] The Library of Congress does not retain all works.
If a foreign publisher distributes works in the US, they must also comply with the mandatory requirements
In the U.S. (and everywhere else), you automatically own the copyright, simply by creating an original work. However, you cannot sue anyone for financial damages from a financial loss if you don't register the copyright with the U.S. Copyright office. However, rather than $35, it's actually $55, and that's for each work that you produce. So, if you have five books to your name, that's an incurred cost of $275, which is not an insignificant figure.
Now, it's guaranteed that you won't need to sue anyone for each piece of fiction (or non-fiction) that you ever write, so you'll need to weigh the chances that your financial losses will surpass several hundred dollars for every piece you ever write, or is it just not worth it?
Even if you can't sue for damages, you can still file cease and desist letters, to stop a work from being abused. What's more, even if someone steals your work and earns a million dollars from it, you'll have a hard time arguing that your accumulated previous sales of $50 were 'damaged' by the copyright thief's work. In fact, the court might argue, that he actually boosted your sales, rather than hurting you at all.
But, in the end, it's your choice how you waste your money!
Oh, in most cases, you have a window where you can retroactively file for copyright (within so many days after a copyright abuse takes place), so that plays a role in your decision too. Though often, you never learn of it in that limited window anyway. :(
Now, it's guaranteed that you won't need to sue anyone for each piece of fiction (or non-fiction) that you ever write, so you'll need to weigh the chances that your financial losses will surpass several hundred dollars for every piece you ever write, or is it just not worth it?
On the other hand, if you do have to sue, registration makes statutory damages available. If you choose statutory damages, you don't have to prove financial loss and statutory damages run a range that tops out at $150,000 per work.
On the other hand, if you do have to sue, registration makes statutory damages available. If you choose statutory damages, you don't have to prove financial loss and statutory damages run a range that tops out at $150,000 per work.
Put it this way, out of ALL the SOL authors here, how many have complained of a large publishing firm 'stealing' their stories. The vast amount of copyright violations are either oblivious to the law, thinking that no one will ever catch them, or they're in a non-compliant country, which no restrictions on what they can copy. Being 'able' to sue for financial damages only works if you can demonstrate that their sales have negatively impacted your sales. But ... if they're giving the stories away for free, there's little financial impact other than lost sales (an unquantifiable loss).
Being 'able' to sue for financial damages only works if you can demonstrate that their sales have negatively impacted your sales. But ... if they're giving the stories away for free, there's little financial impact other than lost sales (an unquantifiable loss).
In terms of copyright law, that would be actual damages. However, US copyright law also provides for statutory damages, up to $150K per work, with no need to show actual financial loss.
In terms of copyright law, that would be actual damages. However, US copyright law also provides for statutory damages, up to $150K per work, with no need to show actual financial loss.
Oops! You're right, I was conflating the two. However, you do need to document your theoretical damages in order to establish a definitive amount to sue for, which won't be thrown out by the judge.
Still, if I have to pay a separate $57 for each version of each book that I've ever copyrighted, you can bet that I'm going to go whole hog on whomever I finally catch trying to play fast and loose with my stories. The damn copyright filing fee would be my largest financial loss for any given book!
However, you do need to document your theoretical damages in order to establish a definitive amount to sue for, which won't be thrown out by the judge.
No you don't need to do that if you ask for statutory damages. Statutory damages as the name implies are set by statute. $750-$30K per work, or Up to $150K per work if you can prove that the infringement was willful.
https://www.law.cornell.edu/uscode/text/17/504
(c) Statutory Damages.—
(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
(2) In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000. In a case where the infringer sustains the burden of proving, and the court finds, that such infringer was not aware and had no reason to believe that his or her acts constituted an infringement of copyright, the court in its discretion may reduce the award of statutory damages to a sum of not less than $200. The court shall remit statutory damages in any case where an infringer believed and had reasonable grounds for believing that his or her use of the copyrighted work was a fair use under section 107, if the infringer was: (i) an employee or agent of a nonprofit educational institution, library, or archives acting within the scope of his or her employment who, or such institution, library, or archives itself, which infringed by reproducing the work in copies or phonorecords; or (ii) a public broadcasting entity which or a person who, as a regular part of the nonprofit activities of a public broadcasting entity (as defined in section 118(f)) infringed by performing a published nondramatic literary work or by reproducing a transmission program embodying a performance of such a work.
