What Does Copyright Mean?

Recently, I came across a group that seemed confused as to what right they had to my material--my work. I have been known to "donate" my work before, but that option was never discussed with me in this instance. So, I have decided to create a short, simple explanation of copyrights for all to find and understand.

Copyright Laws do change, so it is a good idea to stay on top of changes that might affect your craft.

http://www.copyright.gov/title17/

Copyright:

When you write something it is automatically copyrighted. Unless you are sharing with a group, such as Writing.com, there is little or no reason to add a copyright to your work.

The current copyright law took effect in January of 1978. Prior to that time, a copyright had to be registered.

http://www.copyright.gov/circs/circ1a.html

http://www.writing.com/main/info/about/copyrights.html

All Rights:

When you sell "all rights" to a piece, you can never sell that piece again, publish or distribute it. An "all rights" contract can be terminated after 35 years, not before, and all rights will return to you. Until the contract is terminated, you only maintain the right to claim authorship.

It is rare that an author is asked to sell All Rights. An example of this might be Work For Hire (see below).

http://homepages.tesco.net/~J.deBoynePollard/FGA/law-copyright-all-rights-reserv...

http://www.gag.org/contracts/glossary.html#anchor1866769

Work for Hire:

A work for hire contract would be presented to and signed by the author of a select work. Once the author signs the contract, he/she loses ALL ownership of his/her work. He/she loses all claim to that work. An example of this might be: Work for commission. Each selected work would require a separate contract. The author loses all claim to that work.

Exceptions to this might include: Working for an organization who hires you specifically to write articles for them, or being a qualifying employee who is asked or assigned the task of writing a document for the company. All publishing rights would be held by the company, though you might hold a claim to authorship.

The two key phrases here are "employee and assigned" and "hired to write". These phrases are essential to determining if the copyright is "for hire" or not.

http://www.copyright.gov/circs/circ9.html

http://www.copylaw.com/new_articles/wfh.html

Serial Rights:

These rights are commonly used by magazines and periodicals. Serial Rights gives the publisher the right to reproduce your work. This does not include "Electronic Rights".

http://www.writing-world.com/rights/rights.shtml

Electronic Rights:

Since there are many forms of electronic publishing these days, it is important to be specific when accepting a contract for Electronic Rights. Are these rights for an online magazine? Will they use your work in a DVD or CD? Electronic Right is far encompassing in today's society.

Electronic Rights can be very shaky ground and has recently come under fire in a variety of class action lawsuits, including, but not limited to: The New York Times, Microsoft, Apple, Sony and Google.

It is important to be specific about how your work is intended to be used.

http://www.publaw.com/erights3.html

http://www.gseis.ucla.edu/iclp/hr2265.html

First Rights:

This means that the publisher has the right to first publishing of your work in any medium unless otherwise specified. Usually, First Rights applies to a particular country. First Rights are very tricky, as you can see below, so be careful, and make sure you have a written, signed contract.

These First Rights can be Exclusive or Non-exclusive. For example, you can offer to give a publisher the first chance to publish your work, but ask to be able to publish elsewhere. This is First-time Non-exclusive Rights. Some publishers may allow this if they want to be first to publish your work.

Exclusive Rights means that you have granted the right to publish them exclusively. In other words, they are the only ones who can publish them at that particular time.

http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000109----000-.html...

http://library.findlaw.com/1999/Jan/1/241476.html

One Time Rights:

Just as it sounds, this gives the publisher the right to publish your work once. It does not mean they must be the first to publish this work. These works then can revert to the author.

http://writingcorner.com/resources/copyrights-dupie.htm

Reprint Rights or Second Rights:

This generally means the work has been previously published. Second Rights may be sold to more than one publisher, simultaneously. Provided, of course, that the publisher is agreeable.

http://www.writing-world.com/rights/copyright.shtml

It is important when entering into a copyright contract to understand what you are signing. IF you do not understand every word of the contract, DO NOT sign it until you have retained legal council.