MightyRecruiterAccording to the 1976 Copyright Act, publication is defined as the public distribution of copies or phonorecords by selling, renting, leasing or otherwise transferring ownership. This means that if you attempt to distribute a publication without holding a copyright, you could face enormous legal penalties. If you have ever wondered about the connection between publications and copyrights, the following article will provide you with some extremely relevant information.
What Is a Copyright?
Copyright laws provide legal protection to the creators of intellectual property. This right is written in the Constitution, and it grants protection to any original work that is fixed in a tangible medium of expression. A tangible medium can be a book, audiotape, computer program or any other medium that allows creators to store and distribute their work. Copyright law extends to both published and unpublished material.
In terms of ownership and legal rights, there is no actual need to apply for a copyright from the government. Copyright laws simply exist to protect publishers from others who attempt to claim your work as their own or use it for their own financial gain. For the majority of individuals, you will gain copyright protection the instant your work is created. Copyright protects works and creations of the following nature:
- Literature (novels, poems, essays, textbooks, etc.)
- Architecture
- Music
- Software
- Films
- Plays and performances
As a publisher, it is important to understand that copyright law does not protect everything. It does not protect facts, ideas or systems, but it can protect a manual or book that explains them. For example, you cannot copyright a newly discovered scientific law, but you can copyright a book that provides information about that law. Furthermore, you can’t copyright the title of a book. If you wish to protect the name of a book, you may want to consider registering the title as a trademark. This process is fairly lengthy and expensive, but it may appeal to some writers and publishers.
Registering Your Copyright
It is important to note that you are not required to register your trademark. Registration is a service that is offered by the Library of Congress as a means to record copyright claims. This means that if there is ever a legal dispute regarding one of your publications, you will be able to provide the court with details about the date and creation of your copyright. Simply put, registering your copyright provides you easy access to indisputable records.
There are many practical reasons to officially register your copyright, some of which are listed below.
- As a business owner, registration establishes your brand and is a crucial move if you want to expand. If you don’t legally claim it, someone else will.
- Your certificate and copyright details will be permanently stored in public records.
- If you copyright your work within the first five years, it will be considered original until proven otherwise in court.
- In a legal dispute, you may be eligible to receive compensation if the court convicts the other party of copyright infringement.
Before you publish your work, you should be aware that there are some countries outside of the United States that will not honor your copyright. However, due to international relations, most countries do recognize the copyright laws of other nations. This is an important fact to remember if you are considering distributing your work internationally.
Understand Your Rights
When it comes to publications, it is imperative for writers, publishers and business owners to understand copyright laws. Due to the Internet, your work will be easily accessible to millions of people. If you don’t have a copyright, some of those people may be tempted to pass off your work as their own. In short, always copyright your material before you begin the publishing process.
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.