A Writer's Edge

Earlier this year, much hoopla was made over proposed increases in the fees charged by the U.S. Copyright Office. See U.S. Copyright Office - Fees Changes--Effective July 1, 2006. Here are the U.S. Copyright Office - Current Fees. Check this info on the advantages of registering copyrights from http://www.copyright.gov/circs/circ1.html#cr which says:

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

Registration establishes a public record of the copyright claim. Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin. If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on "Intellectual Property Rights."

Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

If you still have problems understanding these issues, the Writer's Digest publishers recently advised:

The editor of Guide to Literary Agents wants to address your copyright questions in a future issue of the directory. Be as general or specific as you want—issues from your own writing experience are welcome.

For instance, are you uncertain about how to protect your book or story idea? Are you unsure about getting permission to use a quote, lyric or excerpt in your story? Do "fair use" and other legal terms make your brain feel fuzzy?

If so, send your questions to literaryagent@fwpubs.com by October 9, 2006. Please include your name and either an e-mail address or phone number in case the editor needs to follow up.

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