How to Copyright a Book – As a former literary agent turned author consultant, I get a lot of questions about book copyright. What is copyright? Do I need to copyright my book before I try to get a literary agent? What are the copyright laws for books that I need to know about? How much does it cost to copyright a book? And, how do I copyright my book?
You’ll find answers to these questions, and more, below; however, this article is not a substitute for legal advice from a literary agent attorney regarding your unique situation.
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FAQ – How to Copyright a Book
Scroll below now for answers to the 15 most frequently
asked questions about how to copyright a book.
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What is book copyright?
How to Copyright a Book FAQ
Book copyright is a form of intellectual property law based on the U.S. Constitution. Book copyright is granted for original works of authorship, and it protects both published and unpublished works.
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Do I need book copyright protection?
How to Copyright a Book FAQ
Technically, your book is under copyright protection the moment it is created and “fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.” However, many authors choose to register their books with the copyright office anyway for additional protection (proof that the book is indeed their creation). For example, if you need to bring a lawsuit for the infringement of your book. Although you might have heard about the option of sending a copy of your own book to yourself (known as the “poor man’s copyright”), there is no provision in the copyright law for that and, according to the copyright office in Washington, D.C., it is not a substitute for registration.
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Will my U.S. book copyright protect me in other countries?
How to Copyright a Book FAQ
Although the U.S. has copyright relations with most countries, meaning your book will be protected from copyright infringement in most countries, some countries follow different rules. Sometimes, they don’t have any rules. So do what you can to protect your work by filing at the copyright office for your book.
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Can I copyright a book title?
How to Copyright a Book FAQ
Copyright doesn’t protect book titles. If you think about, you’ve probably seen several books online using the same book title. It happens. A lot. If you want or need to protect your book title, that’s something you might be able to do through trademark protection via the U.S. Patent & Trademark Office.
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How do I protect my book idea?
How to Copyright a Book FAQ
Copyright doesn’t protect book ideas. If you’re concerned about protecting your book idea when submitting your work to literary agents and other publishing professionals, read this related article about NDAs or nondisclosure agreements.
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Can a minor copyright a book?
How to Copyright a Book FAQ
Yes, but check the laws in your state to see if there are any special requirements. Some states have different rules.
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Can I use a pseudonym?
How to Copyright a Book FAQ
Yes, you can use a fictitious name. There’s no legal requirement that an author be identified by their real name on the application form.
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Will my personal information be made public?
How to Copyright a Book FAQ
Yes. When you register your book copyright, you are making a public record. The information you provide on your application will be available to the public.
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How long does the registration process take?
How to Copyright a Book FAQ
If you think book agents are slow to respond to requests, the U.S. Copyright Office is even slower. They currently take about 8 months to process applications filed electronically, and about 13 months for standard applications.
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What methods can I use to submit my book manuscript?
How to Copyright a Book FAQ
If you register online you can attach an electronic copy; however, you might also be required to submit a printed copy.
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Do I need to file a new copyright if I change my book?
How to Copyright a Book FAQ
Only if the changes you make are substantial, more than just editorial changes like spelling corrections. If you make substantial changes, like adding a chapter, the new book would be considered a new derivative work requiring an additional copyright registration.
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How long does a copyright last?
How to Copyright a Book FAQ
The term of your book copyright depends on different factors, including whether your book has been published already (and, if it has been published), the date of first publication. In general (for books created after January 1, 1978), copyright protection lasts for the life of the author plus an additional 70 years. However, in the case of an anonymous book, pseudonymous book, or a book made for hire, the copyright lasts for 95 years from the year of first publication or a term of 120 years from the year of its creation, whichever expires first.
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Do I have to renew my book copyright?
How to Copyright a Book FAQ
Books created on or after January 1, 1978, don’t qualify for renewal registration; however, renewal registration is optional for books published or registered prior to January 1, 1978, and it provides some legal advantages. But why wouldn’t you file a registration, if you can, for the same reason you filed the original book copyright.
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Are book copyrights transferable?
How to Copyright a Book FAQ
Yes, a book copyright is transferrable like any other personal property.
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How do I register my copyright?
How to Copyright a Book FAQ
You’ll be required to submit an application form, a nonrefundable filing fee of $35 (online) or $55 (standard), and a nonreturnable copy of your book that you’d like registered. Each book requires a separate application and you can pay via credit card. You can apply here: http://copyright.gov.
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Want to know more about protecting your work?
How to Copyright a Book FAQ
If you liked this article about how to copyright a book, read this other article about NDAs or nondisclosure agreements. There’s a lot of confusion on this topic as well. If you’re worried about confidentiality, or your book or book idea being stolen or copied when you’re sending your book to literary agents and other publishing professionals, check it out.
And post any questions you have about
how to copyright a book below.
All my best,
– Mark
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Very concise and helpful. Thanks, Mark
Thank you David, and have a great weekend!
All my best,
– Mark
Mark Malatesta
http://markmalatesta.com
The Bestselling Author
https://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Thanks for the information. Can a foreign writer like me copyright my manuscript in the US while searching for agents?
Hi Saw-Lian, I believe so but you’ll have to refer to the copyright website to be sure.
Good luck,
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Wow, Mark, What great information on copyrighting! It was an eye opener when I read that they require a “non returnable” copy of my book.My book would be about the size of “North & South” novel So I think I’ll skip the copyright deal. My son-in-law says I can just write “Copyright” on a cover sheet. Is that true?
Hi Alice, I don’t give legal advice but, in general, more protection is always better than less!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Wow! Excellent article with information I’ve never seen anywhere else. Will save this for future reference.
E. Lynne Wright
Thank you E. Lynne, and don’t hesitate to let me know if I can help you with anything. As you know, you can post questions for me online here: http://thebestsellingauthor.com/ask/. And, if/when you’re ready, you can register for an introductory coaching call with me here: http://thebestsellingauthor.com/coaching/intro-call/. Either way, I’m looking forward to learning more about you and your work.
Happy 4th of July and
have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Hmm, something to think about. Doesn’t sound too expensive…
🙂
And…
Happy 4th of July and
have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
I think your information is valid and useful.
Although we own the copyright from the minute we put pen to paper, so to speak. A registered copyright in your country can be used as proof positive,you are indeed the owner of the work.
In my country(Canada) at present it is $50. per literary work.
John Beniston
Hi John, yes, it’s all about proving it… and thanks for sharing that… about Canada… as I know there are a lot of people up north reading this post… and the comments… so the information you added about the current fee will be appreciated.
Have a great week,
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Mark, Thank you! This is a more succinct and direct description of copyright lore than any I have read before. I plan to refer a friend to it. One thing you might like to include: the possibility of registering your copyright AFTER the work has been used without permission – (Is it true that registration afterward – up to three years – can still legally protect your work?)
Thank you Belva, but this article is about where my knowledge of copyright starts and ends… so that might be a good question for a lawyer… especially if you think your work has been used without permission.
I hope not,
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Mark,
Thank you, for all the “legal” pointers… this helps a lot. Knowing this stuff makes you more aware of the business side of writing and helps keep you on your toes.
Have to figure out how I want to deal with my own work, now… this is exactly the thing that’s been bothering me lately.
Very insightful and informative, as usual, Mark!
THANKS! Fantastic blog and website.
Have a great day!
Blessings,
Shaan
Thank you Shaan, great way to start my day… happy to help… and have a wonderful week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
thank you!
🙂
Have a great week!
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Great article, Mark, but I would add that the wait time for a registration certificate is now almost eight months(or so they say. I’m going to copyright my manuscripts electronically from now on instead of having to send two copies of my novels to keep my costs down, and also to expedite the registration process a bit.
Thanks Will, and I appreciate you sharing he current wait time… that will be helpful for other people looking through these comments… and I’m glad you’re doing it electronically now… should be at least a little bit faster. 🙂
Have a great week,
– Mark
Mark Malatesta
The Bestselling Author
http://thebestsellingauthor.com
Literary Agent Undercover
https://literary-agents.com
Can I, for instance, copyright my manuscript in the US ahead of sending it to US literary agents? If not, can I copyright it in the US after it’s been published in the US?
Hi Saw Lian, yes… you can copyright the book any time. Mark
Thanks a lot, Mark, for your attention to the subject of copyright! It did have me worried. Now I know what to do!
Hi Miriam thank you for that. You might like my next article even better. Stay tuned. Something I should have shared long ago with everyone. Warm wishes. Mark
This is the clearest discussion of copyright I have ever read. It WILL be on your website, right? 😉
Hi Harold, coming from you that means a lot. Thank you. Not sure what you mean about it being on my website though??? Hope you had a great Christmas and that you have an even better new year. Looking forward to catching up soon. Mark
Great read, Mark! For those of us w/o a finished MS, I’m curious to know what you know about trademarking the (catchy) title of your book as a “slogan,” for example, and if that might suffice as some sort of “back-door” way around a copyright until you (the author) can finish your book first? Then, if your publisher wants to use the title of your book (because it’s so great), would they have to pay you MORE in order to do so? Or would all of that backfire? You’re awesome, BTW! 😉
-Bryce
Hi Bryce, you sir… are the awesome one. I can’t tell you how much I appreciate authors who are consistently hard workers, hopeful, and kind. Makes me want to do anything I can to help. So thank you for that. Now to your question. But first the usual disclaimer for me weighing in on any issues that smells even faintly like a legal question… I’m not a lawyer… not liable for what you do or don’t do… etc. 😉 Now, that said, there are obvious potential benefits to trademarking that title you’re talking about. And I can’t imagine any downside. Although your publisher won’t pay you more because you did it. But hey, it was worth a shot. Have a great holiday week next week and tell you know who I said hello. We all have to be patient for a while, but then things will get rolling again. Peace, love, and positivity. Mark
Great article! I enjoy your site and articles very much. Thank you so much!
Thank you Bethany, you just made my day. Warm wishes to you and yours this holiday season. Mark