By Guest Blogger, Yuval H. Marcus, Esq., Leason Ellis LLP
http://leasonellis.com/
att_profles_marcus.htm
Authors should be pleased to learn that they own copyrights in their literary works as soon as the written words are fixed in a tangible medium of expression. For those using paper and pen, these rights are created as soon as the words are written. For computer generated works, copyrights exist as soon as the file is saved. Copyright enables authors to prevent others from copying their works without compensation.
There are additional benefits to filing for copyright registration, which is not expensive but can be tricky. One of the benefits is that once you have a copyright registration, if you sue someone for copying your work, you can recover your attorneys’ fees. You will also be eligible for an additional type of monetary recovery called statutory damages.
It takes approximately 6-12 months from the filing of a copyright application for a registration to issue. This time frame can shortened for an additional fee of $765.
In addition, a United States copyright will be recognized by certain foreign countries that are parties to treaties with the Unites States.
Here are a few tips for authors:
1. Apply for copyright registration for your works of authorship before you distribute your work;
2. Do not assign your copyright in your work unless you are receiving adequate compensation;
3. Be careful not to incorporate the works of others into your work without permission – the work you are copying is likely protected by copyright;
4. Before you use quotes in your work, consult with a copyright attorney to make sure you fall within the “fair use” doctrine.
Feel free to contact me at marcus@leasonellis.com with any legal questions about copyrights.