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You are here: Home / For Writers / Copyright in the Work You Create

Copyright in the Work You Create

November 22, 2010 by Margaret Duarte

During a writers’ conference workshop sponsored by Friends of Elk Grove Library, Renee Morgan-Hampton, a litigation paralegal and author of Misrepresented, talked about getting a copyright in your work.

Did you know that the moment you start writing your novel you have a copyright in the work you create?  © All Rights Reserved.

The Copyright Act says:  “Copyright inheres in a work at the moment of its creation.”

And the copyright is valid until 70 years after a creator’s death.

You can register your work with the Copyright Office in Washington, D.C.

If you do so within 90 days of publication of your work, or prior to the actual infringement of your work, you get:

1.  Statutory damages
2.  Attorneys fees.

Download a Form TX from the Copyright Office Website and send it in, together with 1 copy of your unpublished manuscript and a check for $45.

You may wonder why you should get a copyright in your work if it is already protected.

Well, you may need protection from other writers.

Agents and publishers know about Copyright laws, so they certainly won’t steal your work.  Actually,  if you’re lucky and you become their client, they will take care of the copyrighting for you–and pay for it, too.

It’s other writers who may steal your work.

For instance, when I entered the Amazon Breakthrough Novel Awards and made it to the Semifinals, my first two chapters were put on Amazon.com for all the world to see.  I have allowed access to my novel and it is now possible for another writer to steal at least part of it.

Copyright protects “original works of authorship,” in that it originates with you.  But remember, it protects the expression of an idea, not the idea itself.

If you believe your work has been stolen, you must prove:

1.  Access
2.  Substantial similarity

And if you win, the Copyright Act has some extraordinary remedies.  Renee as a litigation paralegal has accompanied US Marshals on “seizure raids,” and says they are quite dramatic (drawn weapons and all).

Thanks for stopping by,

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Filed Under: Book Talk, For Writers, Publishing and Marketing Tagged With: copyright, Copyright Act, Friends of the Elk Grove Library, Misrepresented, original works of authorship, Renee Morgan-Hampton, TX form

About Margaret Duarte

Former middle school teacher, Margaret Duarte, lives on a California dairy farm with a herd of “happy cows,” a constant reminder that the greenest pastures lie closest to home. Margaret earned her creative writing certificate through UC Davis Extension and has since published four novels in her “Enter the Between” visionary fiction series: Between Will and Surrender, Between Darkness and Dawn, Between Yesterday and Tomorrow, and Between Now and Forever. Her poem and story credits include SPC Tule Review; The California Writers Club Literary Review; finalist in the 2017 SLO Nightwriters Golden Quill Writing Contest; First Place winner for fiction in 2016, Second Place winner for fiction in 2018, Honorable Mention for fiction in 2019, and Gold winner for fiction in 2020 NORTHERN CALIFORNIA PUBLISHERS AND AUTHORS Book Awards Competition; 2019 California Author Project winner for adult fiction.

Reader Interactions

Comments

  1. Cathy Kennedy says

    November 22, 2010 at 11:32 am

    As always, good job! The sweat and tears you pour into your work need protection, unfortunately it is from other authors. I plan to share this info with my blogger pals who are writers. We all need to be cautious with who and how we share our work. I'd like to say most authors are simply eager to help you with your writings, but all it takes is one who has an ulterior motive and your life's work may be in jeopardy. Happy Writing!

  2. Tonya Kappes says

    November 22, 2010 at 12:23 pm

    My editor keeps me abreast of all of this. I'm so thankful for her.

  3. Margaret Duarte says

    November 22, 2010 at 3:25 pm

    Hi Cathy. It never hurts to protect your work to the best of your ability. I hope this helps your writer friends at least be aware that there are options in case they don't have agents or publishers to do it for them.

  4. Margaret Duarte says

    November 22, 2010 at 3:26 pm

    Hi Tonya. That's where all of us writers want to be, in the hands of a good editor and publisher.

  5. Lee Lopez says

    November 22, 2010 at 6:53 pm

    I've heard that. And I'm so bad about doing something like that. But it's great information.

  6. Margaret Duarte says

    November 22, 2010 at 7:32 pm

    Don't I know it, Lee. I'm the person who had an alarm system put into my house AFTER we'd been robbed, and bought a portable hard drive and signed up with Carbonite, AFTER my computer crashed. I hear you loud and clear.

  7. ♥-Icy BC-♥ says

    November 25, 2010 at 12:07 pm

    My articles have been the victims of this malicious theft, even the ones about personal experiences..I use Copyscape to scan for thieves and contacted them. It's an on going trouble with internet, since it's so vast to keep vigilance all the time.

  8. Margaret Duarte says

    November 25, 2010 at 3:42 pm

    Wow. I'm suprised that your personal experience articles have been copied too. I've never heard of Copyscape. Will have to check it out. Guess the best bet is to be careful about what we share.

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