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.
