As an author, you’ve probably spent a lot of time and effort creating your digital book and want to make sure your work is protected.
As a general rule, copyrighting your self-published book is free and automatic. It is always advisable to add a copyright notice to your book with the name of the copyright holder and the date the work was first made public. It is also possible, and expensive, to register copyright.
Whether you’re self-published or traditionally published, it’s important to know how to protect your work from infringement.
In this blog post, we’ll cover:
- What is copyright?
- How long does copyright protection last?
- What does copyright protect?
- How do you protect your book from being copied?
- Using someone else’s copyrighted material
Disclaimer: I am not a lawyer, and this article does not constitute legal advice. If you have a specific question relating to the copyright of your, or someone else’s, work, it is always best to seek the advice of an expert.
What Is Copyright?
Copyright is a form of intellectual property protection that gives the creator of a work (like a book) the exclusive right to reproduce, distribute, perform, display, and create derivative works based on their original work.
This means that only the copyright owner can decide when, where, and how their work will be published. Copyright protects literary, dramatic, musical, and artistic works, as well as certain other intellectual creations. This includes digital books!
Copyright protection is automatic; you do not have to register your work with the U.S. Copyright Office to be protected. However, registration does have some benefits, which we’ll discuss later on.
How Long Does Copyright Protection Last?
Works copyrighted before January 1, 1978, are protected for a maximum of 70 years after the creator’s death. Works copyrighted after that date are protected for 95 years from publication or 120 years from origin, whichever is shorter.
After this, the work enters the ‘Public Domain’ and can be used by anyone without permission from the copyright owner. Examples of public domain books include Romeo and Juliet, Moby Dick, and Alice in Wonderland.
What Does Copyright Protect?
Copyright protects the expression of an idea, not the idea itself. This means that you can’t copyright an idea for a story or a plotline, but you can copyright the specific words that you use to express that idea.
Copyright also doesn’t protect facts or history; it only protects the original way in which those facts are expressed.
How Do You Protect Your Book From Being Copied?
There are three fundamental ways to protect your book from being copied. The first is to establish your copyright with a copyright notice inside the book. The second is to officially register the copyright with a copyright office, and the third is to use DRM (see below).
How Do You Write A Copyright Notice For A Book?
A copyright notice is a statement that shows that you are the copyright owner of the work. It also shows the year the work was first published and your name as the author.
When publishing your book, or sending your work to anyone, it is essential that you place a copyright notice within your book to establish you as the owner of the copyright of the work, and the date you published the work.
This copyright notice, as well as the record of the book’s publication, is usually enough to establish that you are the true owner of your original work.
Here is an example of a simple copyright notice: Copyright © 2022 Jane Doe. All rights reserved.
In the UK, whether or not you mark the work doesn’t affect the level of protection you have.
If you need any other help with the interior design of your book, take a look at my article: How Do I Format A Self-Published Book? (A simple & complete guide)
How Do I Register The Copyright Of My Book?
In the UK, there is no register of copyright works, there is no need to apply or pay a fee, as copyright is automatic, though there are various companies and lawyers who will offer you a similar service.
In the US, registration with the U.S. Copyright Office is voluntary. Other countries will have their own systems and you may need to investigate the rules in your region.
If you are in the US you can register your work with the U.S. Copyright Office online or by mail.
When registering, you’ll need to include a few things:
- A completed application form
- A non-returnable copy or copies of your work that you want to register
- The appropriate filing fee
You can find more information on the U.S. Copyright Office website.
What are the benefits of registering my copyright?
There are two main benefits of copyrighting your digital book. First, it will serve as evidence that you are the rightful owner of the work in case of any legal disputes. Second, it will give you the ability to collect royalties if someone else wants to use your work.
Although copyright is automatic, proving copyright is not always straightforward, and even registration does not guarantee that you will never have a copyright claim made against you but it can give you some peace of mind if you are concerned your work may be stolen and reproduced.
How Much Does Copyright Cost?
Copyright is free and applied automatically to your work. You can add a simple notice to protect your work. If you require further protection in the US, the copyright registration fee is $45 for a single work.
There are many other copyright services and fees to consider, including the fee to search records and provide proof of copyright, which can cost up to $500 for an expedited report.
You can find a full list of fees here.
How Long Does It Take To Copyright A Book?
Copyright is instant, automatic, and free. The U.S. Copyright Office says that it usually takes about four to six months to process a copyright registration. However, it can take up to a year during busy periods.
If you’re in a hurry, you can pay an additional fee of $800 to have your copyright registration processed within two months.
Can I Publish My Book While Waiting For The Copyright Registration?
Yes, you can! In fact, you can publish your book without registering it with the copyright office at all, as it is a voluntary service.
Publishing your book while you wait for copyright registration can help establish your ownership of the work in case of any legal disputes. But it is not a complete guarantee of safety, and many authors simply stick to the process of placing a copyright notice within the pages of their published book.
Should I Copyright My Book Before Sending It To A Publisher?
There’s no need to copyright your book before sending it to a publisher. However, as mentioned above, it is always prudent to place a small copyright notice on your work when sending it to anyone.
Something like: © Jane Doe 2022 in the footer of your document will be enough to establish that you own the work.
When Should You Copyright A Book?
Copyright is instant and automatic as soon as you produce original work. However, copyright your book as soon as you publish it by placing a copyright notice inside the book. This will help establish your ownership of the work in case of any legal disputes.
If you’re self-publishing, you can register your copyright at any time. However, if you’re going through a traditional publisher, they will usually handle the copyright registration for you.
What is DRM? And How Do I Use It?
DRM, or Digital Rights Management, is a technology that helps you control how your digital book is used and distributed.
With DRM, you can set restrictions on how your book is copied, printed, or shared. You can also track when and where your book is being shared.
If you’re self-published, there are a few different DRM providers you can use, such as:
- Kindle DRM
- Adobe DRM
- Nook DRM
If you’re traditionally published, your publisher will likely handle the DRM for you.
In order to protect your book with DRM, most publishing services, such as Amazon KDP, will have a tick box you can check to ensure they place DRM on your ebooks.
As with most things, there are ways around DRM for those who are determined. But it does offer an extra layer of protection for your work.
If you want to know more about how to manage and prevent piracy, check out my article How Do I Stop People From Illegally Sharing My Ebook?
Using Someone Else’s Copyrighted Material
If you want to use someone else’s copyrighted material in your own work, such as song lyrics or an extract, you will need to get permission from the copyright holder.
This is true even if you give credit to the original author; simply crediting someone isn’t enough to avoid infringement.
Sometimes, you may use copyrighted material without getting permission if it falls under fair use exemptions.
Fair Use Exemptions
There are a few circumstances in which you may use copyrighted material without getting permission from the copyright holder.
The four main factors courts consider when determining whether something is fair use are:
- The purpose and character of the use, including whether it is for commercial or non-profit educational purposes
- The nature of the copyrighted work
- The amount and substantiality (e.g. the percentage of the total work you have used) of the portion used in relation to the copyrighted work as a whole
- The effect of the use on the potential market for or value of the copyrighted work (for example, reproducing an author’s entire short story in a your review of it could reduce the amount of people who would then buy that short story, since they have now read it!)
Courts will also consider any other relevant factors when determining fair use. If you’re unsure whether your intended use qualifies as fair use, consult with a solicitor specialising in intellectual property law.
In Summary
Copyrighting a self-published book can seem a bit confusing, but it’s important to do in order to protect your work. The process is simple, and there are a few ways to go about it.
If you’re self-publishing, you can register your copyright. However, if you’re going through a traditional publisher, they will usually handle the copyright registration for you. But this is a voluntary process and is not required to establish your copyright.
In order to protect your book with DRM, most publishing services, such as Amazon KDP, will have a tick box you can check to ensure they place DRM on your ebooks.
If you want to use someone else’s copyrighted material in your own work, such as song lyrics or an extract, you will need to get permission from the copyright holder.
The simplest way to establish you are the copyright holder of your original work is to place a copyright notice within the book, with your name and the date. It is easy to overlook, but it is important to protect your work and to give yourself peace of mind, so you can finally publish that book of yours!
Good luck, and happy publishing!