A Publisher's Conversation with Authors: Copyright Infringement, Part 2

  

It is Tuesday. Monday's madness is over, and Wednesday will take us over the hump, so Tuesday it is--for some serious discussion with authors. Tuesday talks mean to address authors in waiting and self-published authors who would like to go a more traditional route or who would at least like to take their steps with a publisher by their side.

Today's post looks at copyright infringement from the point of view of authors who find that others have purloined their works. (This is Part 2 of two posts, the first post being about authors' violation of others' copyright.)

What constitutes copyright infringement?

For text: 

Copyright infringement occurs when a copyrighted work is used without the permission of the copyright owner. This can include:

  1. Reproducing the work.

  2. Distributing copies of the work.

  3. Performing the work publicly.

  4. Displaying the work publicly.

  5. Creating derivative works based on the original.

How can you protect your work?

Your work is automatically protected by copyright law from the time you set pen to paper, literally or figuratively. While you can register your copyright with the Library of Congress prior to publication, it is not necessary to do so to protect your work. Even if you do register your work prior to publication, you will need to re-register it after publication, assuming that editing will make at least some small changes in the work. While, again, it is not necessary to register the copyright with the Library of Congress, as long as the copyright symbol and information about the copyright appears in your book, it is highly recommended to do so. Registration within the first 90 days is encouraged although registration can be done later than that. Promptly registering your book with the LOC will give you a stronger case if you have to sue for copyright infringement (which you would do with the assistance of an intellectual property rights lawyer if you have a self-published book or through/with your publisher in the case of a traditionally published work). Registration is relatively inexpensive: currently $43 a book. There are businesses that will help you register your book with the LOC, and they charge quite a bit for doing so. It is truly a waste of money to have someone else register your book for you. The LOC has a simple form that is easy to follow, and librarians will help if there is a problem. Here is the link: 

You can also protect your work by ensuring that DRM is added to your e-book. In most cases, it is automatic. In some cases, you have to ask.

TA very important way to protect your book that authors do not always think about is to do a periodic google search to see if someone is selling it without recompense to you. 

What if you find that someone or some business has indeed stolen your material?

First, be aware that ideas and titles cannot be copyrighted. Therefore, anyone using your idea or your book title is operating within the law. Only words can be copyrighted. There are two most likely ways that your work could/would be stolen: distribution without compensation and rewriting your work in ways that closely resemble the original. The first way is the easiest to deal with; the second much trickier.

If you are a traditionally published author, then providing the details to your publisher should take care of the problem. The publisher will go after the violator although sometimes finding the violator can be quite a chore (and not always successful).

If you are a self-published author who belongs to an author's association, you might find somewhere there who can represent you and take care of the problem. If not (which is typical), here is what you can do:

If you discover that someone is distributing your book for free online without your permission, here are some steps you can take:

  1. Document the Infringement: Take screenshots and note the URLs where your book is being distributed. This documentation will be useful if you need to take legal action.

  2. Contact the Website: Reach out to the website hosting the infringing content and request that they remove it. Many websites have a process for handling copyright infringement claims.

  3. Send a DMCA Takedown Notice: If the website is based in the United States or complies with U.S. law, you can send a Digital Millennium Copyright Act (DMCA) takedown notice. This is a formal request to remove the infringing content. This is one of a number of websites where you can get assistance with this. A takedown notice is basically a demand to cease and desist what the entity is doing with your book.

  4. Contact the Infringer: If possible, contact the person distributing your book and request that they stop. Sometimes, a direct approach can resolve the issue quickly.

  5. Seek Legal Advice: Consult with a lawyer who specializes in intellectual property law. They can provide guidance on your options and help you take further legal action if necessary.

Bottom line: The best way to protect your book (and sales) is to be aware and be proactive.

See more Publisher Conversations with Authors HERE.


  •  Learn more about publishing from an acquisitions editor -- how to get your book proposal accepted, why proposals are turned




    The Tuesday talks reflect real discussions between the management of MSI Press LLC and our own authors or those would-be authors who come through our doors but don't make the cut--yet. If you have a topic that you would like addressed, leave the question in the comment section. Chances are, in our 18 years of publishing first-time and experiences authors, we have had a conversation with one of our authors that we can share with you.

                             



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