MightyRecruiterAs an author, you are probably aware of the hard work and dedication required to produce a high-quality piece of content. In fact, some articles take weeks or even months to research and organize, so it is only natural to demand a certain level of protection for your work. If you are interested in publishing your work in a periodical, newspaper or magazine, there are a few things you should know first about copyright laws and infringement.
The Advantages of Registering Your Work
Authors who choose not to register their work still receive basic copyright protection, but it is often more difficult to prove the damages you have sustained in the event of a lawsuit. This is because the individual who is responsible for a creative piece does not automatically own the rights for reproduction and distribution. As a result, the amount of compensation you are able to collect might be limited as well. That is why you should register both single issues and serial works with the U.S. Copyright Office. However, if you are working as an independent contractor or under the direction of your employer, a copyright might not be necessary.
By registering your work, you are establishing a record of ownership to prevent plagiarism and illegal reproduction of any form. In the case of joint ownership, both writers have equal rights in regards to the creative work unless they choose to detail a different arrangement in the copyright. As the owner of a written work in a periodical, newspaper or magazine, you reserve all rights to
How to Apply for Copyright Protection
Applying for copyright protection can be tedious, but the good news is that the actual writing process accounts for more than half of the work. In addition, registration is now available online to avoid the cost of postage and guarantee immediate delivery.
If you prefer to file a paper application, there are three crucial steps for organizing and submitting your registration. First, you must determine if you need a copyright for a single issue or a group of successive works in order to choose the appropriate application form. Once this form is completed, follow the special deposit requirements to ensure that you have the correct number of copies. For further clarification on formatting, contact the Copyright Office and describe the work you are planning to register. Your finished application and nonreturnable copies can then be mailed to the Library of Congress for review.
Knowing When to File a Lawsuit
Current copyright laws do not require a notice of protection to be enforced, but a legal claim of ownership can increase your chance of winning a lawsuit. A valid copyright notice allows you to file a lawsuit in federal court, which means you may be entitled to a restraining order or an injunction to prevent future incidents. The infringer can be also held responsible for attorney fees and monetary damages.
Unfortunately, there are several defenses for infringement, including:
Luckily, an attorney who has experience with intellectual property cases can help you combat these defenses and regain your rights, along with any other damages.
Whether you are working on an investigative series or conducting a controversial interview, it is important to understand how to protect your work. By establishing your claim as the creator, you can feel confident as you continue to write and spend less time worrying about plagiarism or infringement.
Legal Disclaimer
The content on our website is only meant to provide general information and is not legal advice. We make our best efforts to make sure the information is accurate, but we cannot guarantee it. Do not rely on the content as legal advice. For assistance with legal problems or for a legal inquiry please contact you attorney.