Book Copyright Lawyers
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
What is a book copyright?
A book copyright is basically a set of rights which is granted to the author of a literary work such as a book. The copyright allows the author to exercise exclusive control over the reproduction and copying of their work. This means that others cannot use a copyrighted book without the author’s permission.
Copyrights do not protect basic ideas, but only their particular artistic expression or “fixation”. Thus, if an author presents an idea in a way that is original and unique, their book will be copyrighted. This is different from a patent, which protects physical objects and inventions, and a trademark, which is a symbol used to identify a particular product.
The protections associated with copyrights exist only for a certain amount of time, after which the book is said to enter into the public domain. This means that the book may be used by the public without risk of copyright infringement. Authors may choose to register their copyright for further protections.
How do I obtain a copyright?
In the U.S. a copyright arises automatically once the work is “fixed” in a “tangible medium” of expression. The book must be independently created and cannot be an adaptation of another literary work. Also, the book must be expressed in a medium that is sufficiently permanent so that it can be reproduced and viewed. Usually, an original draft of a book itself is evidence that the book is protected by copyright law.
What rights does a book copyright grant to the author?
A book copyright grants the holder several exclusive rights, including: reproduction and distribution rights, rights over derivative works (adaptations of the book, such as turning the book into a movie), and certain rights over public performances or displays of the book.
Of these rights, by far the most important and commonly disputed is the right to reproduce the work. The term copyright originally referred to “the right to copy” a particular book.
In addition, holders of book copyrights have other rights, including exclusive rights to transfer their copyright, the right to file a copyright infringement lawsuit, and the right to register their copyright with a copyright agency.
Should I register my copyright?
The holder of a book copyright may want to register their book copyright with the U.S. Copyright Office (Library of Congress). Registering your copyright provides additional protections that are not available to unregistered works. For example, registering your copyright allows you to:
- File a lawsuit for copyright infringement
- Obtain damages for infringement
- Use the copyright as evidence in court
If you wish to register your copyrighted book with the U.S. Copyright Office, you should fill out and submit Form TX or Short Form TX. There may be a processing fee associated with the registration. Registration can be done electronically using Form CO.
What if someone has violated my rights under copyright laws?
If your book is protected under copyright laws, then others may not use or reproduce your work without your permission. If you feel that your rights have been violated, you may wish to file a copyright infringement lawsuit.
In a lawsuit involving copyright infringement of a literary work, the copyright holder usually must prove two things:
- The defendant had access to the work; and
- The republished work is sufficiently similar to your copyrighted work.
The plaintiff will typically be able to recover monetary damages for lost profits. In some cases punitive damages are available where the violation was willful. Alternatively, they may also file for an injunction asking the court to prevent others from using their work.
Should I hire a lawyer?
Copyright protection is an important aspect of publishing a book. If you feel that your rights have been violated, or if you desire to register your work, you should contact an attorney for advice. They will be able to explain to you all the various rights and limitations associated with book copyrights.
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Last Modified: 09-09-2010 02:50 PM PDT
