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IS THE NEW
BLACK
VIRTUAL
writers
When you take the time to write an article, poem, novel, manuscript, story, or whatever you create in writing, you have an automatic copyright in that work and it is protected under U.S. Copyright law. The creation has to be in a tangible format like on paper. Although, paper is not the only thing that would make your work tangible. It could be etched in ice, carved in stone or sculpted in iron. Did you know that urban legend says that the Constitution, Declaration of Independence, and Bill of Rights were written on hemp paper, hemp being the industrial name for the fiber of the marijuana plant?
Copyright registration can make it easier for you to prove that you have created your works. If you send the U.S. Copyright Office a copy of your work, they will keep it nice and safe for you. These copies are not available to the public and can only be requested by someone other than you is if there is a litigation dispute. Copyright protection also gives you remedies if someone steals your work.
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We recommend that you always use the © symbol on your work, along with the year of creation (© 2016) because there is such a thing as a willful infringer. There are more complicated ways to prove that someone stole your work, but an easy way to notify someone that it is protected is to use the ©. However, there are some nay‑sayer’s who do not think the © symbol is that important. In the Writer’s Relief Author’s Submission Service article “Copyright Law for your Nonfiction Book, Novel, Story or Poems” found here you can ready why. If you are a freelance writer we encourage you to stamp your works with © before you share it.
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Also, if it is a good fit for your situation, have a license agreement in place that transfers the use of the literary works for either unlimited use or a one-time use. It has been our experience that if you have not created a work within the scope of employment, and you have a license agreement clearly outlining the use of your works, it is easier to settle disputes. Then, if at any time an entity, or person, steps outside of the agreement, they will become a willful infringer.
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A Willful infringer is one who knows that the work has been created by someone else and yet they still decided to copy and/or use it outside of a licensing agreement. Basically an intentional disregard of a known legal duty. Most courts will define this as acting with knowledge or reckless disregard. If the © symbol is on the work, this could assist an attorney with proving that the infringement was willful because the © sign was present it will be hard for an infringer to deny. Also, the penalties are harsher for a willful infringement. Find out how one popular court, the U.S. 9th Circuit, which is the most relied upon court right now, defines willful infringement here.
Also, as some writers may be interested in screenwriting, there are other ways to protect your work. There is a great article located here on the benefits of sending it to the Writer's Guild of America. Although, while registering your literary work with the WGA is not a bad idea, it is not a substitute for Copyright Registration.
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We are here to help you protect your literary works.
Fill out our Copyright Form VA so that we may get you protected right away.
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