Copyright Myths

Wednesday was a wonderful night. The creative writers meeting was excellent, so many new people attending and seeing the fire that burns to be a writer blaze inside them was absolutely exhilarating to encourage and be a part of.  I came down with the cold that my wife had been harboring for a week or so finally got me the following day which made it difficult to write. But now I am feeling better and so I am back at the keyboard tapping away.

One of the things at this meet up that really struck me was a question about copyrighting your work. What really surprised me was that this was advice given to a writer by an attorney. The young lady repeated many of the copyright myths that seems to cling to new writers.  Mailing a copy of the manuscript to themselves.  Putting copyright on their manuscript, *shudder*, that was a big no-no that I am glad several people spoke out about.

I was absolutely floored that an attorney told her that she should copyright her work.  I had to speak up, when she wrote her words and saved them, her work was copy written.  Copyright law specifically states that a copyright is automatically affixed to a work once it is created.  The 1976 laws states that the work is "sufficiently permanent or stable so as to permit it to be perceived, reproduced or otherwise communicated for a period of more than transitory duration."

I know it is hard to believe but that is what the law states. And when I explained this to her I was repeatedly told that the “attorney” kept telling her in order to protect herself she must copyright. Ok I'll admit I didn't ask what law the attorney practiced, but clearly it doesn't seem to be copyright law.

There was a pause in the discussion as everyone digested the facts. I didn't get a chance to speak to her after the meeting as she left early, but I wanted to put up several other aspects of her ownership rights.

I wanted  to tell her that the Copyright Act of 1976 grants a number of exclusive rights to copyright owners, which are--

the: reproduction right -- the right to make copies of a protected work;

the distribution right -- the right to sell or otherwise distribute copies to the public;

the right to create adaptations -- the right to prepare new works based on the protected work (called derivative works);

and performance and display rights -- the rights to perform a protected work (such as a stage play) or to display a work in public.

These are important rights and ones that help us as writers realize financial gains from our works.  While I understand that many new writers are fearful of someone “stealing” their idea, and we have seen news articles of such things happening in Hollywood where one writer sues a studio for stealing their screenplay.

If I can impart anything to those new to the writing field it is simply that you don’t have to mail yourself a copy of your work, you don’t need to apply for a copyright for your works. You are protected under United States copyright laws. However if you do suspect someone has plagiarized or otherwise stolen your work out right and put their name on it, obtain an attorney in copy right law and protect your Intellectual property.