Wednesday, March 23, 2016

Copyright: Yea or Nay?

So there's a lot of debate on whether or not you should file for copyright. Why waste $35 when you have the publication date? Simply put, the digital age is a free for all in pirating. I can list a handful of friends--indie and otherwise--who have had their work pirated in various markets. Would having a copyright claim help them?

Well, let's break this down, guys. You publish a book, decide to run a free campaign, or send out a few ARC copies to people you assumed were trusted friends, but now someone has pirated your book. You have the publication date, but that doesn't really mean much without the legal protection of a copyright claim. Can you prove YOU didn't steal your manuscript?

What does the pirate have on their side? No way to know. Can you get them to take down your pirated copy? Sometimes. Is this going to impact your sales? Probably.

There are a lot of things that end up in the air when something like this happens. Let's say the pirating site is based outside US territory. This doesn't always happen, but sometimes this ends up with a scary loophole where you can't do anything to get it taken down. The worst part of this, however, is if the pirate decides to press against you, that may mean your book gets frozen on Amazon until the issue is resolved.

A blogger posted about this very incident (a blog which I've now lost). The author's account and sales were frozen pending an inquiry. But then, another person swooped in and offered help for a nominal fee. Obviously a scam, but I'm sure unsuspecting indies have fallen for it when they didn't have the backing of a press to go to bat for them. Could this author have saved themselves by having a copyright claim? Again, probably.

This is on the more dire end of the spectrum, of course, but the result is clear. If you want protection as an indie, copyright is your friend.

But maybe you've heard of poor man's copyright. Mail your manuscript to yourself and don't open it, right? TOTALLY legit. No, actually. This is a myth, and it will not protect you.

What about getting a notary to stamp the seal of approval on a signed contract stating you are the owner of your copyright? Mmm...shady, iffy, maybe, but it may not hold up in court should things ever progress to that point. And really, this will still cost you about $10. Why not go the extra mile for the extra protection?

You present an actual copyright in any of these situations, and it will clear itself up a lot more quickly. Plus, you avoid the whole "maybe" scenario. There is no MAYBE involved when you have a legit claim. And, let's be honest, there isn't much you can do outside of this. As mentioned, a publication date doesn't do anything protect you, poor man's copyright doesn't exist, and other (SEE: Cheaper) avenues aren't necessarily legally binding.

In all, I'm firmly in the "why risk it" camp. For $35, you get the legal backing to protect yourself from a handful of scams and pirating tactics that could impact your brand and sales. Don't risk it.

Carry your ass to the US Copyright Office online and follow their VERY simple instructions to register a copyright claim. Don't argue. Just go. Keep in mind you only have 30 days to register after you publish your book, so if this is a case of needing to find the funds, plan ahead. Much like a condom, copyright protects you from oopsies. Keep that shit in your back pocket.


No comments: