Workshops
How to Copyright Your Written Work
By Melissa Dittmann, WIW Member
It’s a writer’s worst nightmare: You devote hours, weeks,
months, perhaps years to your novel, short story, or article and then
someone steals your words and takes credit for your work.
How do you protect yourself?
The Dec. 14 WIW workshop, “How to Copyright Your Written Work,” featured
three guest speakers who gave an overview of copyright law, writer contracts
and how to protect your work. Panelists included WIW Board Secretary
and lawyer/writer Ken Ackerman, lawyer Carl
Settlemyer of Lutzker, Lutzker and Settlemyer, and copyright
specialist Frank Evina with the Library of Congress
Copyright Office.
Know what you can copyright. Literary, musical, dramatic, choreographic,
pictorial, graphics, motion pictures, sound recordings and architectural
work can be copyrighted. Ideas, procedure, process, system, method of
operation, concept, principle or discovery (regardless of the form in
which it is described, explained, illustrated or embodied in such work)
cannot be copyrighted.
Writers may consider registering and copyrighting their work with the
U.S. Copyright Office (www.copyright.gov).
For $30, the U.S. Copyright Office creates a public record of your work
so that you can provide proof of authorship.
A copyright lasts for an author’s life plus 70 years; the copyright
for works made-for-hire, which are prepared by employees as part of their
job, lasts for 95 years from publication or 120 years from creation.
According to Settlemyer, writers who think their work has been stolen
should consult a lawyer and consider filing a civil lawsuit in federal
district court. An infringement of copyright does not apply to purposes
of criticism, comment, news reporting, teaching, scholarship or research.
There might be times when you want others to duplicate your work. You
may consider selling portions of your copyright so your work can be published
in magazines and newspapers or performed on stage.
Ackerman said writer contracts could take many forms, such as an oral
agreement, exchange of e-mails, letters or a document written by lawyers.
Ackerman stressed that it’s always better to get a contract in
writing to avoid misunderstandings.
“Never sign a contract without reading it,” said Ackerman, adding
that writers should have a lawyer look contracts over if there’s confusion.
Keep in mind: Contracts can only be changed by consent of both parties.
That said, if you sign a contract that gives you a Dec. 30 deadline and
you’re unable to meet it, you and your editor must both agree to
change the deadline. Otherwise, you are bound by the contract to complete
the article by Dec. 30.
Ackerman and Settlemyer mentioned the following sites for those interested
in obtaining more information about contracts and copyright:
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