The Copyright Dilemma


We‘ve all seen the copyright words across a page or trademark symbols. When I choose to use brand names in PUPPY LOVE because they captured the tone I want to send, I  listed  all on the copyright page. Okay, but how do we protect ourselves against copyright infringement as authors?  We’ve all heard about literary piracy; people who buy an eBook, then offer it for free, or use major portions of it to construct their own novel.

Copyrights lawsuits don’t always favor the original creator. They only favor who has the most proof. A good example of this is Alexander Graham Bell’s lawsuit over the creation of the phone. He wrote to his father about the concept of a phone before ever creating it. That letter with its postmark awarded the creation of the phone to Bell as opposed to Elisha Gray who had a prototype, but no proof of its conception.

Many people use the postdated letter as the poor man’s copyright. I worked at a company once that changed dates on our postal machine to prove we sent out items earlier than we actually did. This type of practice which occurs in many companies undercuts the poor man’s copyright. Small presses that take on aspiring authors ask them to take out copyrights on their own work. Bigger presses will do this for the author.

What good does it do? It will protect you against online pirates. Online pirates are trolling Internet bookstores to look for self-published books that they can lift. Authors never know unless they continuously hunt for their own work. I’ve found my work in various magazines and newspapers I never submitted to. For the most part, I could do nothing since my work wasn’t copyrighted.

Often it is a monetary decision. If I am only going to get paid $50 for a story, then it isn’t worth $35 to copyright it.  If I have the opportunity to earn several hundred or even thousands it is well worth the trouble.  A copyright is recorded and a copy of your book is kept in The Library of Congress. You do have legal standing when you go after someone for stealing your stuff.

However a copyright doesn’t always save you when playing with the big boys. Dan Brown was sued for plagiarism in his book, THE DA VINCI CODE.   Claimants included Clive Prince and his book THE TEMPLAR REVELATION, and Margaret Starbird’s book, THE HOLY BLOOD AND THE HOLY GRAIL. Even though their books were published much earlier, and had startling similarities to Brown’s, the judge ruled that no infringement took place. His ruling stated that the Templar Knights protecting the offspring of Christ was a common story plot. I guess you might think a copyright didn’t do too much for Prince or Starbird, but it did. They had a legal right to sue. They also garnered some publicity. Starbird saw a sudden surge in people wanting her book to do their own comparison study.

The only thing you have to lose with a copyright is the price of dinner out. Not too much, when you think about the peace of mind it offers. Elisha Gray probably kicked himself over the fact he never wrote anyone to tell them about his telephone idea. Your copyright is your letter to a government friend who just happens to charge you to read it.

Guest post by Morgan K Wyatt. Morgan as a child had to suffer through movies with clueless heroines rescued by smart men. Her mother dutifully read her stories where princesses waited for princes to jumpstart their lives. There were no proactive female role models in the media at that time, with the exception of Wonder Woman. It is for this reason, and that it is fun, Morgan writes about strong women going after what they want, which is often a delectable cub. Those who wonder if the cougar tales have any reality to them should remember that writers often put themselves into every story they pen, even if it is a secondary character.

You can find Morgan online at the following places:
Facebook: http://www.facebook.com/pages/Morgan-K-Wyatt/160636730670958
Twitter: http://twitter.com/morgankwyatt
Examiner.com: M. Carole Wyatt--Indy Dating Examiner
Blog: http://datingafterfortyeight.blogspot.com
Website: http://www.morgankwyatt.com/

12 Comments

  1. Liz Flaherty11 June 2012 at 13:36

    Great post, Morgan, one we'd be wise to pay heed to.

    ReplyDelete
  2. morgan11 June 2012 at 13:46

    Thanks Liz,
    I just ound out if you copyright your material with the Library of Congress you get three times the award amount in a legal case as opposed to not using the Library of Congress. Something to consider.:)

    ReplyDelete
  3. Wendi Sotis11 June 2012 at 14:00

    Thanks, Morgan, I'll be copyrighting my book after reading this!

    ReplyDelete
    Replies
    1. morgan11 June 2012 at 16:26

      Hi Wendi,
      If you expect to make over $50...and you do. Make sure you copyright it. Reminder to me to go copyright Unexpected Cougar today before it comes out in August. Thanks for stopping by, you're a peach.

      Delete
  4. Ana Morgan11 June 2012 at 14:48

    Good to know, Morgan, and thanks to commentors. 3 X the award amount could be huge.
    Now to finish the book worth stealing!

    ReplyDelete
    Replies
    1. morgan11 June 2012 at 16:29

      Hi Ana,
      I know Alexander Graham Bell and Dan Brown were both glad to have proof of their work. The court system has proven that more than one person can have the same idea, the one with the copyright can call it theirs. Thanks Ana for stopping in.

      Delete
  5. Ally Broadfield12 June 2012 at 02:11

    Fabulous advice, Morgan. My husband is an intellectual property attorney, so he'll definitely make sure my books are copyrighted when I get published. Best of luck with Puppy Love.

    ReplyDelete
    Replies
    1. morgan12 June 2012 at 03:33

      Hi Ally,
      I bet you get some great free advice. They do copyrights pretty fast and the day you submit it online that's your official date. Some people want to be a rush on it, but that is almost $700. Thanks for stopping by

      Delete
  6. morgan12 June 2012 at 03:36

    Hi Jo,

    Thanks for hosting me. Pretty neat site you have here.:)

    ReplyDelete
  7. June M.13 June 2012 at 03:21

    I think it is a shame that people would steal other's ideas whether they are copy-righted or not. It sucks that authors have to worry about their books being stolen, whether the whole book or just parts.

    ReplyDelete
  8. morgan13 June 2012 at 13:24

    Hi June,
    I just attended my stepson's graduation and the principal, no less, quoted the passage from March to a Different Drummer, which as been around for a couple hundred years. She did not give any credit to the actual source and passed it off as hers.Did she think there were no English teachers in the audience? Geeesh.( Throwing hands up in air.) Thanks for commenting.

    ReplyDelete
  9. morgan13 June 2012 at 13:26

    Owner of Site:
    I tried to vote for your site by clicking on the icon, but it gave me an error message.

    ReplyDelete

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