Multi-Author Works and Copyright

Jessica Parker Senior
Publishing Consultant

Oftentimes authors decide that they want to co-author a work, publish a compilation of works from multiple authors, or have contributors to their work. What authors fail to consider when embarking on this path is the copyright. Multi-author books can be complicated when it comes to filing the copyright, and there are a few things you should consider before getting too far along in the process. When filing copyright for a book, it is required that all authors be listed on the application. Yup, that’s right, folks, all authors. This means that if you have seven authors who contributed chapters to your book, each of these authors will need to be listed on the application except in the case of a work-for-hire.

There are two important areas of the copyright application that should be noted. One is the author section, and the other is the claimant section. The author is who created any part of the text, editing, photos, illustrations, etc. When listing each author on the application, you will need to specify what exactly they created within the work (text, illustrations, photos, graphics, etc.). Most authors never even consider that their photographer would need to be listed as an author! However, it is true unless you have the appropriate documents signed. The claimant is the one who owns the exclusive world rights to the material covered under the application. If you did not author the entire work, you cannot legally lay claim to the rights of the entire work unless you have done your legal legwork. Below I have summarized the two basic scenarios that you are looking at when it comes to filing a multi-author work.

There are many loopholes and exceptions to these, but these should give you a good idea of which is right for you and what you’ll need in order to achieve it. Scenario 1: Co-authors/Single claimant In this scenario, you could have multiple authors, but only one claimant. In order for this to be done correctly, you would need each author to sign a transfer of rights form in which they are transferring their rights of what they contributed to the work to a single person. If each author signs a transfer of rights, then the person who they transferred the rights to would be the sole owner of the copyright. This means that the contributing authors have no rights over the book or the material they contributed.

Scenario 2: Co-authors/Co-claimants In this scenario, all of the contributing authors would be listed as authors and claimants on the application. This means that each author would have equal rights over the book as a whole, and could create derivative works, second editions, print it, etc. without asking permission of the other claimants. These are the two basic scenarios that you are looking at when it comes to multi-author texts. Depending on the rights you want your co-authors to have, this will determine which scenario is best for you. Either way, it is advisable to work out these details prior to approaching a publishing company. You may also need to have agreements with each individual author stating rights they have over the book, royalties they will receive, etc. in either of these scenarios. This way each author knows what they can and cannot do and what they will or will not receive.

5 Common Myths about Copyright Exposed

How much do you really know about copyright? See if you’ve heard any of these 5 copyright myths!  

Myth #1: If it doesn’t have a copyright notice, then it isn’t copyrighted.

Just because a work does not display proper copyright notice doesn’t mean that the work isn’t copyrighted. Copyright protection is obtained the moment a work is put into a fixed, tangible form. Since the Berne copyright convention, works created after 1989 do not have to display proper copyright notice in order to be protected under U.S. copyright law. However, it is good practice to place proper notice in order to caution infringers from stealing your work.

Tip! It is advisable to place the following statement, © 2013 John Doe, as a header or footer on your work, especially when submitting it to publishing companies. This protects you from the “innocent infringement” defense.

Myth #2: If the book is out of print, then it is fair game.

Copyright protection lasts for 70 years beyond the death of the last surviving author, and in some cases longer if the rights and permissions of that book have been transferred or willed to another individual. It is always advisable to do your homework and obtain permissions.

Tip! You can search copyright records online at http://www.copyright.gov/records/. It also provides you with the information on who to contact for rights and permissions.

Myth #3: If I write a book loosely based off another book, it is considered my own, and I am free to do as I wish with it.

Using material from someone else’s work, no matter how little you use, is still copyright infringement. Copyright protection gives the copyright owner the exclusive right to create “derivative works.” This means that you are creating a derivative work without the permission of the original copyright owner. It is always best to obtain permission regardless of how loosely your work is based off theirs. Plus, wouldn’t you rather create a unique and original work?

Myth #4: If the work is unpublished, then it is not copyrighted.

Works do not have to be published in order to obtain copyright protection. Works not only obtain protection under U.S. copyright laws as soon as they are put into a fixed, tangible form, but they are also eligible for being formally registered with the U.S. Copyright Office. The best rule of thumb is to consider everything as being copyrighted.

Tip! If you want to copyright your work but plan to publish it at a later date, it is advisable to pre-register your work with the copyright office. This way you do not have to pay costly fees to amend the copyright after publication.

Myth #5: I can mail a copy of my work to myself, never open it, and therefore can prove copyright protection.

This is considered the “poor man’s copyright,” and, unfortunately, it doesn’t prove copyright protection. Since the contents of the envelope could be switched, this merely proves that you mailed an envelope to yourself on that given date, which isn’t effective evidence in the case of a lawsuit. The best possible option to fully protect your work is to formally register it with the U.S. Copyright Office.

For more information on copyright, the copyright.gov website offers an excellent circular on copyright basics: http://www.copyright.gov/circs/circ01.pdf.

Jessica Parker
Senior Publishing Consultant

Why “I found it on the Internet…” Makes Me Nervous!

It’s one of those answers that makes me slam the brakes on an author’s self-publishing train.

“…And where did you get these pictures?”

“I used Google^® and copied and pasted them from a website.”

When self-publishing, it’s especially important for an author to be aware of the potential legal risks involved in writing and publishing a book. Using images or text taken off the internet is one of them. It’s easy, and tempting, to copy and paste an image when you’re looking for a “certain something” to add to your book, or to take some text from the internet and “change it a bit.” But using a photo, illustration, graphic or text without permission is Copyright Infringement and could lead to legal action and fines.

You might think that “no one will know,” but once your book is in print, it is in the public eye, and bound to be seen by anyone.

I have seen books created with barely any budget, and others with thousands of dollars invested into editing, design, illustrations, etc. An author may think that they can’t fit certain things into their publishing budget, but there are many ways they can create a successful book while avoiding Copyright Infringement:

• Try asking the owner of the image or text for written permission to use it. If written permission is given, credit should be given to the photographer, author or rights holder.
• Stock photos are a cost-effective way for a self-publisher to add the imagery they need to their book. There are dozens of reputable stock photography websites.
• You could take your own photos, or find a fledgling photographer looking for practice.
• Look for an illustrator or graphic artist who is newer to the business and looking to gain experience in the publishing world, who might in turn offer you a lower price for their work.

You’ve worked hard to write and prepare your book; avoid risking its success by using images and text you don’t have the rights to. BookLogix offers a free workshop/webinar on Copyright every few months. Stay tuned for details soon by signing up for our newsletter at BookLogix.com! In the meantime, to learn more about what constitutes Copyright Infringement, visit Copyright.gov.