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Copyrighting creative work protects not only the author, but also the characters and their legacy. Copyright protections allow creators the option to monetize their work and to pass on those rights and the income they generate onto the next generation.
For instance, Louisa May Alcott mirrored her heroine, Jo, in Little Women by being savvy in how she handled publishing and protecting her creative work. She was able to copyright Little Women, as well as many other stories throughout her lifetime.
She was then able to will the rights to the book to her nephew, allowing him to benefit from her creativity long after she was gone. He was able to renew the copyright, keeping it active until 1924 and allowing her family to reap the rewards of her estate.
Authors, illustrators, and self-publishers all should consider learning how to copyright a book. The Fried Firm can assist with any questions you may have about book copyright law, including how to copyright a comic book, a children’s book, a self-published book, and any other books written toward a specific interest.
What Copyright Means for Authors
Under U.S. Law (17 U.S.C. §102), copyright is protection for “original works of authorship fixed in any tangible medium of expression.” A copyright grants the owner exclusive rights to:
- Reproduce a creative work
- Distribute or license a creative work
- Perform or adapt a creative work
- Display a creative work
- Create derivatives of the creative work
What copyright means for authors is slightly different from performing arts protection. For instance, copyright for books includes “literary works”, like books, essays, poetry, comics, and blogs. They are not generally plays or compositions.
Second, copyright protection comes into play from the point at which ideas are “fixed” in a tangible medium onwards. In other words, a work that you are planning to write cannot be copyrighted, and the ideas behind it cannot be protected. Only the written or typed words on the page can be copyrighted, not the concept of what the story will become.
Can You Copyright a Book?
Publication is not necessary for copyright protection; an unpublished work can still be copyrighted. However, if substantive changes are still being made, you may wish to wait to copyright your book so that you will not have to pay the fee multiple times and resubmit the work.
Editorial or minor changes will not affect a book’s copyright, but creative decisions will. For instance, changing a spelling mistake does not require you to re-register a copyright, but adding a new chapter can require a second registration.
Not every component of your story is protected via copyright. The text, illustrations, and structure are all considered protected; however, the ideas, titles, and facts of your story are not.
A good example of this is the Harry Potter series. The concept of a wizard school existing in England is not protected by JK Rowling’s copyright for the books; however, Hogwarts and all the specific details about it are protected.
Likewise, an orphan boy with powers fighting a wizard is not specifically copyrighted (although fans would no doubt notice similarities), but Harry Potter himself, as well as Lord Voldemort, are copyrightable. The clarification comes from the fact that Harry Potter and the Dark Lord are characters that appear in a written, distinctive work, and are clearly delineated with names and features of their own. Stock characters or archetypes, like an evil wizard or an orphan boy, are not copyrightable.
How to Copyright a Book in the United States
You have copyright protections to your work even before filing with the U.S. Copyright Office. From the moment your work is fixed on the page, you become the copyright owner; however, filing your claim in advance will greatly simplify and streamline your situation if your copyright is ever challenged. Registering your work provides you with legal protections, a tangible asset you can monetize, as well as a paper trail for ownership.
The steps to copyright a book include:
- Writing the book. You can only copyright existing works on the page, so you cannot register your copyright until you have the creative work to protect.
- Filling out an application with the U.S. Copyright Office.
- Paying the filing fee.
- Providing a non-returnable electronic or physical deposit (copy of the work), following U.S. Copyright Office guidelines.
- Following up on your claim with the U.S. Copyright Office, including providing any additional information as necessary.
Exceptions apply for works made for hire (such as staff writers or certain commissions). You may also be able to file copyright claims for several works at once, especially when they are part of an unpublished collection.
Do You Need to Hire a Lawyer for a Copyright Claim?
Not every copyright claim will require a copyright attorney, but many authors choose to hire one to ensure that no mistakes are made when it comes to protecting their creative property. A copyright attorney can file your claim correctly, submit the appropriate paperwork, research possible infringement, and support your case if, for any reason, it is challenged. A copyright attorney can also send cease and desist letters, negotiate on your behalf, or even sue an infringing party in court for damages once your copyright has been filed.
In cases involving AI, it is especially important to file for legal protections as well as check on your existing copyright registrations, especially for authors with prior works published through a publishing house.
You may not be able to bring a case for damages without prior registration and/or assistance from a copyright attorney to prove your claim.
How Long Does a Book Copyright Last?
Book copyright is dependent on the lifespan of the author as well as the initial date of publication. For instance, classic children’s books published around 1900 are now considered to be in the public domain. As general guidelines, the US Copyright Office maintains that:
- Works created after January 1, 1978, are copyrighted for the life of the author plus an additional 70 years. They are not subject to renewal registration.
- Works published before 1978 are subject to additional guidelines from Chapter 3 of the Copyright Act (title 17 of the United States Code).
- Anonymous work, a pseudonymous work, or a work made for hire has a different copyright term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first.
There are additional considerations for series or periodicals with different publication dates. For instance, the estate of Sir Arthur Conan Doyle has made moves in the past to allege that some elements of Sherlock Holmes are not yet considered in the public domain. In Klinger v. Conan Doyle, the estate argued that some elements of the character – such as his love of dogs, respect for women, and closer bond with Watson – were notable facets of later stories written after the loss of Doyle’s son during WWI.
When Netflix released its Enola Holmes series, the estate sued again over the copyrightability of the character, alleging that the new adaptation took artistic liberties with these elements published post-1923, which were still under copyright protection.
Other Exceptions to Copyright Laws
Reference guides are considered exceptions to copyright laws. Yet while exceptions exist for fair use, it is entirely possible that a reference guide can go too far in incorporating original elements and violate copyright law. For instance, when RDR Books published “The Lexicon: An Unauthorized Guide to Harry Potter Fiction and Related Materials”, a court ruled that the book was not protected under fair use because the book incorporated too much of JK Rowling’s world for profit and was deemed to be “plundering” the characters.
Importantly, however, the online version of the Lexicon was not challenged. Judge Patterson ruled that “the market for reference guides to the Harry Potter works is not exclusively [JK Rowling’s] to exploit or license, no matter the commercial success attributable to the popularity of the original works.” He continued, “[t]he market for reference guides does not become derivative simply because the copyright holder seeks to produce or license one.”
Instead, the case turned on the fact that the guide included many of JK Rowling’s specific songs, poems, and phrases incorporated directly into the work. This meant that it failed to be considered properly transformative and harmed the market for JK Rowling’s secondary companion works, namely Quidditch through the Ages and Fantastic Beasts & Where to Find Them.
How to Copyright a Book Outside the United States
Many notable books have been written by international authors. While registering a US copyright is an important step in protecting your intellectual property, copyright outside of the US is also critical.
Under the Berne Convention, all 180 member countries recognize US copyright protections. This eliminates the need to register in each country separately, which would be costly and time-consuming for many authors – especially self-published ones. However, you may want to consider consulting with a copyright attorney if you face a lawsuit or copyright issue overseas.
The copyright process takes, on average, 2.1 months, according to a circular from the US Copyright Office.
Have More Questions About Book Copyrights? Reach Out to The Fried Firm Today
Copyright can be straightforward to understand, but difficult to enforce. If you are facing issues such as receiving a takedown notice or concerns that someone has stolen your book or ideas, you may need to work with a copyright lawyer.
Likewise, before you hire a ghostwriter, illustrator, or other assistance with a book, consult with a copyright attorney. The Fried Firm is available today to help with any issues or questions you might face regarding book copyrights.
