Thread: Copyright before getting an agent?

Just asking

In the US at least, copyright attaches as soon as you create it.

Originally Posted by shadowwalker

In the US at least, copyright attaches as soon as you create it.

I didn't think that was true until it was registered with the writer's guild of America?

You have to hold your manuscript over your head, click your heels together three times and say, "I hereby declare that this work is copyright protected.” Then you have to mail a copy of it to yourself and bury it in the backyard. Then you register it with the Writer's Guild of America.

Originally Posted by shadowwalker

In the US at least, copyright attaches as soon as you create it.

OK! Forgot about that. Thnx for that heads up.

Originally Posted by Lewdog

I didn't think that was true until it was registered with the writer's guild of America?

Writer's guild?

Hooo-kaaaay...

Originally Posted by JosephB

You have to hold your manuscript over your head, click your heals together three times and say, "I hereby declare that this work is copyright protected.” Then you have to mail a copy of it to yourself and bury it in the backyard. Then you register it with the Writer's Guild of America.

Ah, see - that's what I was missing!

Originally Posted by shadowwalker

Writer's guild?

Hooo-kaaaay...

Yes, it depends on what type of writing it is.

WGAW Registry

In America, you theoretically get a copyright as soon as you create it. As a practical matter, you must be able to prove that you created it before someone else did. That's why you mail a copy to yourself. Seal the package with tape to prove that the package was not opened after you sealed it. Then the post mark becomes a legal record of the date of your copyright.

C.M.

Originally Posted by C.M. Aaron

In America, you theoretically get a copyright as soon as you create it. As a practical matter, you must be able to prove that you created it before someone else did. That's why you mail a copy to yourself. Seal the package with tape to prove that the package was not opened after you sealed it. Then the post mark becomes a legal record of the date of your copyright.

C.M.

Many publishers still will not even look at your work unless you have an agent or are a member of the WGA.

The whole mail yourself a copy in a sealed envelope has absolutely no basis in U.S. copyright law. It's a waste of time and postage.

In the US, mailing a copy to yourself doesn't mean anything legally. From U.S. Copyright Office - Copyright in General (FAQ)

"The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration. "

Registration gives you certain legal remedies in case of violation, and how much protection depends on when you file.

As to the WGA, just a note that that's not for novelists. That's for writers in television, movies, radio, etc. But yeah, many publishers won't accept unsolicited ms, so having an agent is necessary for those. Many indie publishers will work directly with authors, however, so be sure to check the submission guidelines first.

I'm always curious when people who want you to use their service say that there is no alternative. At any rate, my point remains the same: Having a copyright as soon as you create something is a wonderful idea, but you can't go into court merely saying that you created something on a certain date. You have to do something to establish your date of creation. By all means, register your work at the Copyright Office if you feel you need that protection.

I suspect the date of a copyright is a relatively minor legal detail in most copyright cases. Most of the legal arguing is over whether the second work is sufficiently similar or sufficiently different from the previously copyrighted work. That's an opinion question and will not be solved by registration or a poor man's copyright. C.M.

Originally Posted by C.M. Aaron

Having a copyright as soon as you create something is a wonderful idea, but you can't go into court merely saying that you created something on a certain date. You have to do something to establish your date of creation.

If your agent suddenly decides this is the best book they've ever seen and they're going to steal it to become the next J.K. Rowling, you take them to court and, for example, pile up dozens of earlier drafts of the story that show you spent a long time working on it. Evil Agent can't do the same, because if they could write great books that sell by the million they wouldn't be an agent.

But the reality is that no-one from a legitimate agency will steal your unpublished novel. Registering it may also annoy publishers because they might have to put 'Copyright 1997' on a novel published today after you've been sending it out for years.

Originally Posted by C.M. Aaron

I'm always curious when people who want you to use their service say that there is no alternative.

Um, the US Copyright Office is where you have to register your copyright if you want legal protection. It's not a 'service' - it's the government agency in charge of copyright registration. Which is why I used their site for the info.