
Image courtesy of www.copyrightauthority.com
I have been thinking a lot about Copyright law. As I work on this blog and research writing groups to join, I am overwhelmed by the number of questions I have. Can someone steal my work? What if they do? If I post it online am I waiving my rights? Can they make small changes to my work and call it their own? How do I copyright my work? What can be copyrighted? Is there a difference between hand-written pieces and electronically created pieces? Do I have to renew a copyright? Etc., etc., etc…………..
Needless to say trying to find answers on this big wide web is equally overwhelming. There is A LOT of information out there. Surely, there is a rocket scientist out there somewhere who knows what it all means. I am not a rocket scientist. Therefore, I am going to try to filter and dummy down some of this information for the rest of us. (I’m not calling anyone a dummy- for the record.)
I also sent the following letter to the editor of Writer’s Digest regarding questions I have about their Terms of Service. Considering their popularity, and assuming huge number of emails daily, I expect that if I do receive a response it could be a while. This is a copy of the text of the email that I sent:
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Good Afternoon!
My name is Jessica Montanez. I am an aspiring writer and have been looking for a writing community to join. After reading a number of your recent magazines, I decided to check out your website. I quickly jumped on the opportunity to “join now” but hesitated when I read the terms of service. Ironically, I am currently writing a piece for my personal blog regarding Copyright and what it means.
I am hoping you would be able to clarify the information within your terms of service, and with your permission, possibly post your response on my blog to clarify it for others (for the record – my permission to use this email is also granted to you if needed).
The items I seek clarification on are:
Any messages or information you post to the forum become the sole property of the site operator and may or may not be displayed, at the sole discretion of the site operator.
(by stating that any information I post becomes the sole property of of the site operator, it appears that I waive my right to my work. I’m sure that this is not the case but for the sake of clarification I hope you can respond)
and
The posting of copyrighted or illegal material is prohibited–
As someone still trying to understand copyright law, this is a little confusing. I thought that by signing and dating my work it becomes legally copyrighted. However, technically, if I do that to all of my work then it would be impossible for me to post on your site for critique and sharing.
Please forgive my naivety, I am a fine print reader and just want to be sure I understand my rights. I look forward to your response (and the next issue of your magazine).
Best Regards,
Jessica Montanez
http://jessicamontanez.wordpress.com
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If and when I receive a response I will post it immediately. Until then, onward.
Note: please remember that I am simplifying this information. If you have any other questions about your rights check out the U.S. Copyright Office site.
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What is Copyright?
Copyright is a Constitutional right to have your work protected.
Understand this: it is for tangible work (written, photographic, art, music etc.) IDEAS STILL IN YOUR HEAD ARE NOT COPYRIGHTABLE!!
How do I Copyright my work?
It is simple. The method I use looks like this:
Copyright, {your name}, {date or year created} All rights reserved.
Contrary to popular belief, the copyright symbol is unnecessary (but I think it looks cool)
Does it cost money?
Yes: and No. It costs nothing to Copyright something. Once a work is created and you sign and date it, it is legally copyrighted. HOWEVER: if you want to register a Copyright it will cost you about $30-35. What’s the difference? Well, either way, you have rights. However the difference is in what happens if your rights are violated. For example:
Bob writes a story. He copyrights it: Copyright, Bob Smith, 2009. Joe steals Bob’s story. Bob is mad. Bob goes to court. The court determines Bob owns the story, but cannot sue for monetary damages without having registered his copyright.
My opinion: if you spend a lot of time on a project, or it is something that means a lot to you: register your copyright.
Can someone make changes to my work and legally call it their own?
Nope. HOWEVER: you need to understand that certain ideas are not original. I might have a great book about a fun-loving dog and his adventures- but I’m not the only one. It’s the content that is protected- not the idea. Certainly if the similarities are unquestionable or super obvious you might have a case, but I suppose if enough of the story is different, there probably isn’t much you can do.
What are my electronic rights for content posted on the Internet. For example: blogs and websites?
Eeeewww! Oh sorry…that was my reaction to reading all the fine print regarding this issue. Let me try to break this down. You post an article on your blog. It’s copyrighted to you. By placing this work online you understand that, to an extent, your work could be copied, printed, quoted and used without your knowledge. HOWEVER: the same law still protects you here and should be honored, it is simply more difficult to monitor. You will likely have to do your own police-ing. Honestly, no one (short of your loving family and friends) is really going to give a crap or even notice if your work is plagerized; except for YOU.
Do I have to renew my Copyright?
Unless you live a very, very long time….no. Any work copyrighted after January 1, 1978 is protected from the instant it is created until 70 years after it’s creators death.
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Alright, long story short:
If you want to join an online critique group or create a blog, go ahead and do it. Just be sure you protect yourself and your work and let everyone else know you have done just that. (aka: don’t be paranoid and enjoy sharing your work)
Summary:
Copyright all of your work.
If you have or plan to publish something you’ve written, absolutely register your copyright.
If you think your rights have been violated, and you want to do something about it, off to court you go.
Phew! Well, I hope this helps. I know I feel better. Oh, and one more thing:
DON’T YOU COPY ANYONE ELSE’S WORK EITHER!!
Remember the Golden Rule: “Do to others as you would have them do to you”