Top Four Questions About Copyright (with Answers)

St. Louis Writers Guild today hosted Mark Sableman, attorney from the offices of Thompson & Coburn, who discussed publishing contracts and copyright law. He answered many questions and cleared up a lot of myths about copyright. I'm passing along his answers to four of the most-asked questions:

1. At what point in writing something can I claim a copyright?
As soon as you write it on paper or save it on your computer's hard drive it is copyrighted in your name. This is called "fixed expression in a tangible medium."

2. How can I best protect my written work so nobody steals it -- or if they do, I can sue them?
File a copyright form, Form CO, from copyright.gov, and upload your text; online filing will cost $35. Filing by postal mail is more complicated and higher-priced. Do it within the first 90 days after completing a work and then, if you someday have to sue for infringement, you may collect money (statutory damages) -- if you can prove they actually did it and that it caused you to lose money. You can't sue for damages just because they used your work without permission.

3. Can I legally prove my copyright by mailing myself a copy of my text?
No. Absolutely not. That's an old myth.

4. How long before my copyright expires?
This law has changed this several times, but currently, it's the author's life plus 70 years.

The Hopelessness of Copyright

Just returned from a panel discussion with law professor, university counsel, expert on Internet, and technical-research librarian: In short, for writers, copyright is hopeless. Because writers aren't organized like musicians, and won't be soon, the Internet (and Google's book-scanning, and office photocopying, and Amazon.com's cut of the take on your e-book, and so on) has made a morass of the laws surrounding published material and dimmed the rewards you may have expected as a writer. There are laws but few feel bound by them.

So, for best results: Write your book. Publish it yourself and own all rights. If you like, release portions of it electronically and LICENSE the material -- meaning anybody can read it or listen to it, but nobody is allowed make money from it -- with a creativecommons.org license. Take your payment in good will and prestige. Then use those to make money not from your writing but from readings, or leading classes, or becoming a small-press publisher, or serving on discussion panels, or editing, or advising, or -- get a day job.

After the panel I thought, "This sounds so hopeless," but it suddenly occured to me that this is exactly what has happened to me, and what I do.