Copyrighting a book for publication: Part 2

StudioZEL

Hello everyone,

A while back I posted some questions about copyrighting a book for publication, and now I have a new inquiry. I've finished the 2nd draft of my book, and it's ready to go to the copyright office. Well, the text is anyway.

I plan to do some illustrations for the book as well (about 1 per chapter, so 12), but I'm not sure if these have to go to the copyright office in order for them to be considered part of the book. If I want the illustrations in the book, do I have to wait to send the book in until the illustrations are done? Or should I send it off anyway and finish them up while I wait for the copyright to come back (which I've read takes months!)?

Thoughts?

EggyToast

They can all be copyrighted together, or as separate works. It's up to you.

Remember, too, as pointed out in your last thread -- you don't need to register with the government copyright office in order to secure your rights to your work. I mean, it's kind of cool to have a registered copyright so feel free if you "just want one," but putting your work in any fixed form is also fine.

What I recommend to some of my artsy friends is to self-publish through lulu.com, and order a copy for yourself. Not only can you read through your bound work ASAP, but you also have a copy of your work in fixed form, with a date, and a registration with the company that printed it (and they have a copy of the work as well as dates it was uploaded, etc.). it would probably be cheaper than securing a single registered copyright, as well, and net you a "finished" copy.

But to answer ONLY your original question, you can copyright the illustrations separately. That also means that you can license the works separately, as well -- say a company wants to use them for a PR campaign or whatever. If you wish them to be seen as a work that ONLY includes the illustrations, then copyright the whole mess together. But there's no problem with sending in the text, and then sending in the batch of artwork as a separate work of illustrations for text.

(of course, given the cost of copyright you can probably understand why many visual artists do not get a registered copyright on individual works, as the cost would increase pretty quickly)

StudioZEL

So, do pieces of artwork have to be copyrighted individually then? Or can they be copyrighted as a set?

ASimPerson

EggyToast wrote: »

They can all be copyrighted together, or as separate works. It's up to you.

[Emphasis mine]

StudioZEL

Ah, sorry. I missed that part. >> Thanks. End thread.

Echo

EggyToast wrote: »

Remember, too, as pointed out in your last thread -- you don't need to register with the government copyright office in order to secure your rights to your work. I mean, it's kind of cool to have a registered copyright so feel free if you "just want one," but putting your work in any fixed form is also fine.

Not entirely true -- there's some form of additional copyright protection you get if you register the work, but I can't recall what it was. Someone else is probably more informed about US copyright than I am.

Szechuanosaurus

Echo wrote: »

EggyToast wrote: »

Remember, too, as pointed out in your last thread -- you don't need to register with the government copyright office in order to secure your rights to your work. I mean, it's kind of cool to have a registered copyright so feel free if you "just want one," but putting your work in any fixed form is also fine.

Not entirely true -- there's some form of additional copyright protection you get if you register the work, but I can't recall what it was. Someone else is probably more informed about US copyright than I am.

It might last longer or something? Doesn't standard copyright only last 75 years or something? Hang on...

Nah, registering it just provides an easy way to establish a date of creation should the ownership or infringement be contested and allows the owner to pursue statutory damages and attorney's fees rather than actual damages and lost profits in some jurisdictions. So no additional protection, just more options to claw back money if someone violates your copyright.

From Wikipedia,

In all countries where the Berne Convention standards apply, copyright is automatic, and need not be obtained through official registration with any government office. Once an idea has been reduced to tangible form, for example by securing it in a fixed medium (such as a drawing, sheet music, photograph, a videotape, or a computer file), the copyright holder is entitled to enforce his or her exclusive rights. However, while registration isn't needed to exercise copyright, in jurisdictions where the laws provide for registration, it serves as prima facie evidence of a valid copyright and enables the copyright holder to seek statutory damages and attorney's fees. (In the USA, registering after an infringement only enables one to receive actual damages and lost profits.)