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{"id":779,"date":"2014-10-18T14:36:51","date_gmt":"2014-10-18T14:36:51","guid":{"rendered":"http:\/\/thomasmcgann.com\/?p=779"},"modified":"2017-10-08T21:12:46","modified_gmt":"2017-10-08T21:12:46","slug":"copyright-copyright-question","status":"publish","type":"post","link":"https:\/\/thomasmcgann.com\/so-you-want-to-be-an-author\/copyright-copyright-question\/","title":{"rendered":"To copyright or not to copyright, that is the question"},"content":{"rendered":"
\"To<\/a>

To be or not to be
That is the question<\/p><\/div>\n

To copyright or not to copyright, that is the question, but it should not be a question. To copyright is the only<\/strong> answer.<\/p>\n

My post, Book Titles, Fonts and Copyright Changes<\/em>, created a heady discussion about copyright problems, international and domestic, to a degree I had not anticipated, one that requires a continuing dialogue.<\/p>\n

The Berne Convention<\/a> of 1886 set forth basic international law regarding copyright, recognizing the copyrights of works of authors of all nations, in the same way that it recognizes the copyrights of its own citizens. It also required automatic, strong minimum standards while prohibiting mandatory registration. This means that your work is protected from the moment it is committed to some form of visual or audio copy.<\/p>\n

The laws for copyrighting vary from country to country. In America, registration is made through the US Copyright Office. In Canada, you can register your work at the Canadian Intellectual Property Office. In the UK and AU, copyright is considered an \u201cautomatic right.\u201d In New Zeeland, no registration is required, or even possible, other than that provided by the Berne Convention. Generally speaking, those governments that require\/provide copyright services, charge fees of varying amounts depending on the service offered.<\/p>\n

The date of copyright becomes important when there are conflicting claims of ownership. Once registered, as in places like the U.S. and Canada, the date becomes fixed. In places like UK, AU, and NZ a date can be established by sending a copy of the work to the applicable national library.<\/p>\n

It is also a good idea to affix the copyright symbol \u00a9, the year, your name and boilerplate copy such as, \u201c Except as provided by the Copyright Act no part of this publication may be reproduced, stored in a retrieval system or transmitted in and for or by any means without the prior written permission of the publisher.\u201d The wording varies, so use whatever satisfies your paranoia.<\/p>\n

There are also differences about what excerpts are allowed between \u201cfair use<\/a>\u201d (US), e.g. commentary, research, criticism, parody, news, teaching, archiving and scholarship and \u201cfair dealing<\/a>\u201d (UK), e.g. research, review, criticism, news, and parody. Generally, U.S. policies are a bit more stringent. Also, in the US, in the case of lawsuits, only registered works can collect damages and attorney\u2019s fees.<\/p>\n

The length of copyright also varies by country. In the US, a copyright is good for 70 after the author\u2019s death. In the UK, it is good for 50 years after death.<\/p>\n

The Myth of the Poor Man\u2019s Copyright<\/a><\/p>\n

For a more complete examination of the Poor Man\u2019s Copyright click on the link above. It is a terrific, straightforward discussion of this subject, generously provided by Jonathan Bailey on his blog, Plagiarism Today<\/em>.<\/p>\n

In short, the Poor Man\u2019s Copyright is the idea that you can write a book, compose a song, draw a picture, etc, seal it in an envelope, and send it to yourself with the assumption that the date on the envelope will prove that its contents were mailed on such and such a date, thereby protecting the author.<\/p>\n

No such luck- for several reasons:<\/p>\n