Definition of Copyright

If you've heard conflicting advice regarding the definition of copyright, you may wonder whether or not it is necessary to register your work in order to have it copyrighted.

Miriam Webster's definition of copyright is: "The exclusive legal right to reproduce, publish, sell, or distribute the matter and form of something (as a literary, musical, or artistic work)." However, this definition doesn't mention registering your work with the U.S. Copyright Office. That's because copyright is actually secured automatically when you create your novel, song or other creative work. As the "creator" you own the rights to:

• Reproduce
• Prepare derivative works
• Distribute
• Perform
• Display
• Sell
• Lend or rent their creations

If you have all the above rights as the creator of a work, you may wonder why you should have to register the copyright with the U.S. Copyright Office at all. The answer is plain and simple. It's a form of copyright protection. If someone does try to steal or use your work in any way without your permission, in order to take them to Federal Court, your copyright will have to be registered.

While your work doesn't have to be published or registered with the U.S. Copyright Office to be copyrighted, there are benefits to registering:

• It sets up a public record of your copyright.
• Allows you to file an infringement suit in court if someone tries to steal an portion of your work.
• If you register within five years of publication, your copyright certificate provides evidence in court that your copyright claim is valid.
• If you register with the U.S. Copyright Office within three months of publication (or before an infringement), you as the copyright holder are entitled to statutory damages plus lawyer's fees involved in taking the offender to court. If you are the copyright holder, but have not registered the copyright in this situation, the court only awards actual damages and profits.
• Registering your copy also allows you to record your copyright with U.S. Customs, who then protects your work by making sure fraudulent copies are not imported.

While copyright does protect your work it does have limitations. One such limitation that surprises new writers is that you cannot copyright a title. Other limitations brought about by the doctrine of fair use include:

• Permission for others to use parts of copyrighted works for things like reviews, news, commentary, criticism, research and scholarship.
• Names, ideas and common facts cannot be copyrighted.
• Public domain works, which includes works with an expired copyright, are available to be used by anyone.

Often copyright infringement cases can be settled out of court, but if that isn't the case, the matter will have to be settled in Federal Court. In these circumstances, your copyright has to be registered.

Proof of your copyright puts into play strict legal rules regarding the number of words that can be used without permission. In these situations, the court must determine what is known as "fair use". They will take into consideration issues such as:

• Were the words used for profit?
• How much of the work was copied?
• What was the economic effect on the creator of the work?

Today, you can register your copyright by mail or over the internet through their Electronic Copyright Office. Using this online registration system costs less. As of early 2009, the online filing fee was $35. It also allows you to track the status of your registration.

Now that you understand that you don't have to register your work to have it copyrighted, the real question is: why do you need to register? What the registration provides is extra protection in case someone should decide to try and steal part of your work. The decision about whether to do so is up to you.

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