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Formal
Copyright
One can never learn too much about
Copyright:
http://www.copyright.gov.
If a formal copyright is desired, visit their website above, or write to the Register of Copyright, Library of Congress, Washington, D. C. 20599, requesting a free copy of General Information of Copyright and the necessary application form, with instructions for completion. They will send you up-to-date copyright information. Always add copyright information to the verso during manuscript preparation. The registration process to follow actually begins after publication, with filling out the proper form and sending two of your published books (best format published) with a fee to the Register of Copyrights. If your publisher is assisting you in application, make sure the copyright is to be registered in your name, not the publisher.
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Online Registration in Beta Testing Soon, everyone who wishes, may be able to do the "actual paperwork" for the registration online. As of mid-December, 2007, the Library of Congress is taking a selection of willing registrants into their testing program. To be a test subject, you receive a $10 discount on the registration process. However the selection of Beta testers is random. Visit http://www.copyright.gov:80/eco/beta-request.html for a Beta test request form. |
Many authors and/or compilers of genealogy and family history books do not fully, formally, register their copyright for various reasons. Some believe the content of their books to be fact (thus not eligible for copyright), public property, too derivative (a compilation of data) or as belonging to the particular family. They hope someone else will continue their work by publishing reprints and succeeding editions. In some cases, a copyright can prevent further publication of important material for many years. This can be both good and bad, depending on the situation.
Quite a few authors believe that by Copyrighting their work and sending copies to the Library of Congress that their book will always be available. This is a common misconception. The Library of Congress is under no real obligation to retain any original published material they own. They generally keep a copy in some form only - not always the original published book.
For many years, the act of writing alone has secured an implied copyright. Because of this, if an author does not wish to formally copyright the work, a copyright release statement should still be added to the verso. A formal copyright does get your book information into more hands. It can even be viewed as an easy way to spread the word (marketing) that your book is available for purchase.
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Rights of Copyright
A copyright holder has five exclusive rights they can retain or authorize others to:
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reproduce the works in copies
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prepare derivative works based on it
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distribute copies to public
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perform publicly
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display to the public
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Length of Copyright
Copyrighted works prior to January 1, 1978, are valid for a twenty eight year period. These works are copyright renewable through registration or publication, for an additional forty-seven year period.
Generally speaking, works created after January 1, 1978, hold a copyright for the author’s life, plus seventy years after death. Work that is anonymous or pseudonymous (unless the author’s identity is revealed in records of the Copyright Office) and with works made for hire, the copyright term is ninety-five years from the date of publication or one hundred twenty years from date of completion, whichever is the least.
Copyrights may be for an entire work or any portion thereof. Perhaps the individual holding the copyright only did so with drawings and photos, not text. Here, one might wish to consider a copyright search, through the Copyright Office.
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Using Copyrighted Materials
Should you wish to use materials which are copyrighted, gain the written permission of the holder of the copyright. If you are unsure who holds the copyright or how to contact them, contact the publisher of the material in question. It is always a good idea to give credit or cite your source. While many authors paraphrase copyrighted material, they also cite the source.
When it is unknown whether or not material you wish to use is copyrighted, the Register of Copyrights will be happy to make a copyright search, for a fee. Current information as to the procedure is available from the Office of Copyrights.
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Copyright Theft
It is said that there will always be unscrupulous people in the world. Many individuals feel that by copyrighting a work, they are protected. This is not always the case. There are those who do not follow rules, obey laws, or do what the general public would expect them to do. However, the placement of a copyright upon a work does serve to alert the reader that it is protected by copyright laws. If you copyright your work, there is recourse should another violate the copyright laws.
Additionally, a printer or publisher has the right to refuse to print or publish work with questionable text, photographs, logos, drawings, etc., which do not appear to have copyright permission to reprint. Be aware that a printer or publisher may require a signed special release form, stating the author takes full responsibility for all copyright liability.
As copyright laws change and the larceny of copyrighted material continues to grow, more and more changes will take place. The author should always keep in mind that while a formal copyright does not prevent theft, it does at least, give one some recourse.
Placement of Copyright Information
Copyright notice can be added any number of ways. There are three required elements, regardless of format:
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Signal of the copyright claim, i.e. Copyright, ©, (c), etc.
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Year when work was first published
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Name of copyright owner
Book information traditionally is centered on the page, or centered on the upper one-half of the page within the marginal bounds established for the page format. In the case of a newer verso format, where all text is left-justify, Copyright information should be among the first few items at the top of the layout. Here are three suggestions of wording:
Copyright
Ó 1982
By Anna May Cochrane IV Gregath
ALL RIGHTS RESERVED
Printed in the United States of America
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Revised Edition
Copyright Ó 1997
By Carrie Ann Cook
No portion of this copyrighted work may be reproduced in any form without the written permission of the copyright holder.
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Copyright Ó
2007
By Ima Author
Photo on page 66 used with
permission
Copyright Ó
2004 -
Ima Photographer
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"If I Live To Tell", page 165, used with permission
Copyright Ó
2006 -
Ima Poet
No portion of this copyrighted material may be reproduced in any form, for any reason, without the prior written permission of the original copyright holder.
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There
is a wealth of Copyright information out there. As Blogs are becoming a popular
"collective" resource, you might start with:
http://www.dailyblogtips.com/copyright-law-12-dos-and-donts/ - it is geared
for blog media, but good Copyright practices do not change with the media used.
The Copyright office is never a wrong research step, in addition to hitting your
favorite search engine.
References:
-
Double Fold, Libraries and the Assault on Paper, by Nicholson Baker, 2002.
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Copyright Handbook, Second Ed., by Donald F. Johnston, 1982.
-
Writing Family History Or Genealogy For Pleasure and Profit, by The Gregath Publishing Company, 2007.
Other traditional optional elements that can positively effect sales:
Library of Congress Number - http://www.loc.gov
For more suggestions
on this subject and more, order our book:
G550-$10.00 WRITING Family
History Or Genealogy For Pleasure and Profit, by The Gregath
Publishing Company, *updated* 2007. ISBN: 0-944619-00-2, 8½x11",
softbound book, 126 pages, suggestions & examples of all facets of your project
for the typist and/or computer user.
Also available on disk. | SCL
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