If you are a
writer, you are likely concerned about doing whatever is necessary to protect
your creative work. Many writers and authors spend much time stewing over what
they need to do when it comes to protecting their copyright interest.
There is common perception among writers that they must register and file
their copyright interest "with the government" to protect their work. Through
this article, I will provide you with an overview of the copyright filing and
registration requirements. I will also help you to decide whether registering
your copyright is necessary in your situation.
Many people assume a
writer must register "with the government" to have appropriate copyright
protection. This is, in fact, false. The registering of a copyright "with the
government" is optional. A writer's copyright interest is not contingent upon
that writer making a filing whatsoever. Registering or filing a copyright
interest does have some benefits -- which I will discuss shortly.
A
writer needs to understand that he or she has an immediate copyright interest
and immediate copyright protection in his or her written work once a portion of
that work has been created. To enhance the writer's inherent copyright
interest, a writer can place a copyright symbol or warning at the end of his or
her written work. (There are some variations to the placement of the warning.
For example, when a book is written, the copyright warning oftentimes is placed
at the start of the work.) In any event, the placement of the warning or symbol
is useful when a writer wants to advise other people of his or her copyright
interest.
The copyright advisement is simple:
© 2007
Penny Scribner
While it is not mandatory and often far from necessary
for a writer to register written work, if a writer is so inclined, that
registration is made with the Library of Congress in Washington, D.C. There is
a fee associated with the filing or registering of a copyright interest.
However, the fee is not costly.
By making a copyright filing with the
Library of Congress, a writer does enjoy some supplemental benefits. But again,
filing itself is not required to obtain copyright protection in the first
instance.
By registering a copyright with the Library of Congress, you
have the ability to gain some additional damages should you ever have to file a
copyright infringement case. By registering or filing, you have the ability to
obtain treble damages (damages in an amount three times over actual losses)
together with payment of your attorney fees.















