Under the Copyright Act, Congress grants copyright owners the sole right to reproduce and distribute their work; sell, license, or transfer ownership of these rights to another individual or company; perform or display a work publicly; and create additional works, also known as derivatives, based on the original. In publishing, a derivative might be an adaptation or succeeding book within a series or trilogy.

Copyright protection exists upon creation. In publishing, your work is protected the moment your fingers strike the keyboard, granted you remember to hit save. Given this information, you may ask, “If my work is protected upon creation, why do I need to register at all?” Let me explain. While your work is initially protected, U.S. law requires a copyright owner to file for copyright protection with the United States Copyright Office prior to filing a copyright infringement lawsuit. Additionally, you must show that you own the work in question and that the defendant duplicated your work without written consent to prove copyright infringement in court. Registration helps support your case.

Self-Publishing vs. Traditional

The good news is that if your manuscript is published through a traditional publishing house, like HarperCollins or Simon & Schuster, the publisher will file the appropriate paperwork for copyright protection and may even pursue suspected infringement on your behalf. Wiley provides a detailed description of copyright law and the permissions process on its Web site. If you decide to self-publish however, the responsibility to file is yours alone. Doing so is relatively easy and can now be done for a $35 fee online through the Copyright Office’s eCo system. If you prefer to register via mail, you may use form TX. The fee is $65 and takes much longer to process. Do not let the Web site intimidate you. The Copyright Office provides a number of circulars to walk you though the process along with a list of frequently asked questions.

Do not be fooled by the “poor man’s copyright” theory. According to the Copyright Office Web site, “There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.”

So When Should You Register?

Ideally, you should register your work immediately after or within three months of publication. The Copyright Office requires two copies of the work to complete the registration process. Also, you lose eligibility to receive statuary damages and reimbursement for attorney fees if you wait.

Rewards Outweigh the Risks

Established literary agents and publishers are well aware of copyright law. It is not in their best interests to infringe upon those rights, ethically or financially. As with any venture, do your research and remember to obtain permission before you use another author’s work, as infringement slides both ways.

Visit www.copyright.gov for more information.