When I publish a book through JewishSelfPublishing, who will own the copyright?

As an introduction to this discussion on copyright law, I must state that what I write below should not be taken as legal advice nor relied upon. I am not a lawyer, nor do I pretend to be one. As a publisher, I simply wish to help my authors as much as possible by sharing some important and practical information.

In the olden days, when it was standard procedure for authors to work with traditional publishers, it was taken for granted that the publisher would own the copyright to the work. After all, he is the one investing cash into publishing and distributing the title. The same went for independent publishers investing their own capital into a book.

However, as a result of the boom in the self-publishing industry, authors are taking control of the copyrights of their works. In fact, one of the reasons that authors avoid traditional publishers and turn to self-publishing is to retain sole ownership of the copyright to their works.

But not all authors are aware of how the copyright system works. Sometimes well-intending friends or relatives spook them into fearing that their hard work will be stolen by an editor, publisher, or some unscrupulous person online, and this can put a dark cloud over the publishing process.

So let’s take it one step at a time and really understand what copyright is all about.

And yes, JewishSelfPublishing grants the author full ownership of the copyright.

All text in quotation marks, unless stated otherwise, comes from the ultimate authority on US copyright law, the United States Copyright Office. (In the next blog post I will explain why this very act of quoting is not a violation of copyright law.)

What Is Copyright?

“Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.”

You probably knew that already.

What Does Copyright Protect?

“Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed.”

The upshot of this definition is that not everything can be copyrighted, even if it’s an idea you came up with first. For example, if you come up with a new scientific theory, the theory cannot be copyrighted, only the written presentation of the theory. If you come up with a never-before-thought-of plot for a novel (which would be incredible), the general idea of your plot could not be copyrighted, but the specific story could.

When Is My Work Protected?

“Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.”

In simple language, as soon as you write your manuscript, even before you publish it, you are automatically the sole owner of its copyright.

Do I Have to Register to Be Protected?

“No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work.”

This is a surprise to most people. For good measure, it is recommended that you insert on the copyright page (the left-hand page after the title page) a statement of copyright ownership. It usually goes like this: Copyright © 2018 by John Smith. Some skip the word “copyright” because it is redundant. Others claim that without it, the symbol is insufficient. Either way, this statement itself doesn’t create the copyright; it merely proclaims loud and clear to all that you are the owner of the copyright and that no one should dare violate it.

How to Register

All you need to do in order to officially register your work is to visit the US Copyright Office website , fill in the form, upload your work, and pay the fee. It’s that simple. It only costs $35 for a single-title application. But then you will have to wait for six to eight months for them to process the registration.

Even though registering the copyright of a title is not strictly necessary and is the responsibility of the author, JewishSelfPublishing can handle the task for our authors for a minimal fee.

Poor Man’s Copyright

When I was about to publish my own sefer (book on a Torah subject), a member of my family warned me that someone might steal the contents, and he advised me how to protect myself. He told me to insert a copy of the sefer in an envelope and mail it to myself, and when it arrives not to open it. This, he claimed, would prove my rightful ownership before anyone else could publish it.

It sounded dubious to me, so I ignored his warning. Thank G-d, I wasn’t cheated.

While researching facts for this blog post I discovered that this method is called a “poor man’s copyright,” because you don’t have to pay a government office to register the book. However, the US Copyright Office has something to say about it: “There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.”

For those who still fancy this idea, today there is an even easier and cheaper way. Simply send yourself an e-mail with your book files attached. Even the poorest man can afford that.

How Long Does Copyright Last?

“The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code).”

This explains why classic titles of famous authors from Shakespeare to Lewis Carroll are no longer copyrighted; anyone can copy or publish them as they wish.

NDA

There is yet one fear lurking in the mind of some authors.

You see, many authors are seriously concerned that publishers and editors will steal their manuscripts and publish them. After all, we have access to them before the public, and we have the tools to publish quickly, before the authors can finish the job themselves.

You might think that this worry bothers me, but it really doesn’t. I am not insulted by this because I don’t take it personally, and I appreciate that authors care a lot about their manuscripts; after all, it is their baby, so to speak.

And there is a simple solution: We sign a nondisclosure agreement, also known as an NDA . This is a legal document stating that the author is the sole owner of the manuscript and the publisher or editor who is being given access to read it will not disclose or make use of the contents of the manuscript.

Problem solved.

 

 

That concludes part one of our series on copyright. Now you know what it is, how to receive it, and how much it costs.
Part two of our discussion – the next blog post – will focus on the other side of the coin: When are you, the author, permitted to make use of copyrighted material without the permission of the copyright holder?