WandaCKeesey

COPYRIGHTING
By Wanda C. Keesey

What is a copyright? Who can get a copyright? What can I copyright? What can't be copyrighted? When do I get a copyright? How do I get a copyright?

If you were as in the dark about copyrights as I was when I started writing, you've asked these and many more questions.

The copyright office has a very good website (<http://www.copyright.gov> ) which gives you all the information you can ever want about copyrighting any piece of qualifying material as well as forms (with instructions) that can be downloaded, and printed or filled out online and printed.

There is no way I can address all of these questions in the same detail as this web source, but I will try to cover some of the basics.

What is a copyright?
                  A copyright is protection provided by the laws of the United States for authors of original works. Not all countries have the same protection, nor do they all honor the protection given by the USA. This protection is provided from the instant that this work is recorded in some way. This can be on paper, computer, CD, or a recording. The method of record is dependent on the form of art.
                 The author retains all rights to the property. The author can distribute, perform, or display their work as they choose. (Remember this pertains to all art items as sculptures, paintings/drawings, music, dance routines, and plays/movies as well as literary works.)

Who can get a copyright?
                  Only the original author has the legal right to register a work for a copyright. Or in the case of a collection containing works of several author's, the agent of those authors.

What can I copyright?
                  As listed above, any original artistic work, but the person holding the copyright is the person who can claim authorship of that work.

What can't be copyrighted?
                 Works done as commission work, or works for hire, are considered to be the property of the entity paying for the work and in this case is not owned by the author.
                  As it pertains to the literary field; titles, names, short phrases, slogans, ideas, and concepts, are just a few of the items that are not copyright protected.

When do I get a copyright?
                  As stated above, all created is copyright protected upon creation, when "fixed in a copy or phonorecord for the first time" (<http://www.copyright.gov/circs/circ1.html> page 8 of 29). What we are really talking about is Copyright Registration.
                    In years past it has been necessary that a work should be published before being copyright registered. This is not the case anymore.
                   A work can be registered at any time after the author has a record of that document.
                   However it is important to register published work as soon after the work is published as possible. A work already registered, which is later published, should be updated as a published work.

How do I register a copyright?
                   The government has made this very easy. Forms and detailed instructions are on the internet along with a detailed explanation of the law. If you don't have accesses to the internet you can call the Copyright Public Information Office at (202) 707-3000, from 8:30 A.M. to 5:00 P.M. weekdays (eastern time) except federal holidays. Information is available 24 hours a day at TTY number (202) 707-6737. Or if you only need the forms and you know what they are, you can order them from the Forms and Publications Hotline at (202) 707-9100, 24 hours a day, just by leaving a recorded message. Or you can write to:
                   Library of Congress
                   Copyright Office
                   Publications Section, LM-455
                  101 Independence Avenue, S.E.
                  Washington, D.C. 20559-6000

                  For a list of other material published by the Copyright Office, request Circular 2, "Publications on Copyright."

                  Before sending in a copyright registration, read all the material in Circular 1 (on the internet or request from the sources above). There are specific forms for nondramatic literary works, dramatic literary works, and collections. I believe that these are the ones in which writers would have the most interest.

As I've said, I can't possibly cover all the detail that is involved, but unlike tax forms, these are very user friendly.