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Tolstoyce

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Hi, I've come across a few threads about copyright (namely this one and this one). Both of them gave a lot of information about why you shouldn't copyright, but not what to do if you already have. When I finished my first novel (in 2009, before I knew anything about the process of getting an agent/publisher), I immediately had my work copyrighted just to be safe. Imagine my horror when I discovered this was the wrong thing to do.

What should I do about this? I could just not tell an agent it's copyrighted when sending in a manuscript, but I feel like that's dishonest. Is there any way to remove copyright? Have I screwed myself over?

Thanks!

P.S. Sorry if I was supposed to ask about this in one of the threads I linked. I wasn't sure if I should start a new thread, since this is a slightly different topic, or just ask in one of those threads (I'm new here).
 

Deleted member 42

What you've done is register the copyright.

I wouldn't say anything unless you're asked, or the agent wants to sub it somewhere.

I wouldn't say that you've registered, and I wouldn't use the © copyright statement.

When/if the agent is interested, tell the agent pretty much what you've said here, that you didn't know any better.

If someone is interested in publishing the work, depending on how much revision you/the publisher do, you can register it as a second edition, or you can transfer the registration, if that is necessary. The publisher will have been through this before.

It's not a death knell, it's fixable, it's just a PITA.
 

Tolstoyce

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Okay, thank you so much for the feedback. I was just worried, but I'm glad it's fixable.
 

heatherm8119

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Hi, I've come across a few threads about copyright (namely this one and this one). Both of them gave a lot of information about why you shouldn't copyright, but not what to do if you already have. When I finished my first novel (in 2009, before I knew anything about the process of getting an agent/publisher), I immediately had my work copyrighted just to be safe. Imagine my horror when I discovered this was the wrong thing to do.

What should I do about this? I could just not tell an agent it's copyrighted when sending in a manuscript, but I feel like that's dishonest. Is there any way to remove copyright? Have I screwed myself over?

Thanks!

P.S. Sorry if I was supposed to ask about this in one of the threads I linked. I wasn't sure if I should start a new thread, since this is a slightly different topic, or just ask in one of those threads (I'm new here).

Okay, thank you so much for the feedback. I was just worried, but I'm glad it's fixable.

Hi,

I have some background in Entertainment Law, you should ALWAYS secure the © to protect your work first before making available for other individuals to view...when signing with an agent or publisher, they may want you to enter into agreements, such as exclusivity,etc. Securing the ©, is in YOUR best interest as the writer!!!
 

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Hi,

I have some background in Entertainment Law, you should ALWAYS secure the © to protect your work first before making available for other individuals to view...when signing with an agent or publisher, they may want you to enter into agreements, such as exclusivity,etc. Securing the ©, is in YOUR best interest as the writer!!!

I would say there's no need to register copyright in your manuscript before sending it off to a publisher and I am not sure how exclusivity enters into it.
 

Old Hack

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I have some background in Entertainment Law, you should ALWAYS secure the © to protect your work first before making available for other individuals to view...when signing with an agent or publisher, they may want you to enter into agreements, such as exclusivity,etc. Securing the ©, is in YOUR best interest as the writer!!!

For people who write screenplays, this might just work. But for novel-writers? Not so good.
 

Deleted member 42

Hi,

I have some background in Entertainment Law, you should ALWAYS secure the © to protect your work first before making available for other individuals to view...when signing with an agent or publisher, they may want you to enter into agreements, such as exclusivity,etc. Securing the ©, is in YOUR best interest as the writer!!!

Do you "have some background in Entertainment Law"? Do you really? Are you an attorney? Are you practicing law on the forum?

What does "some background" mean?

Because your post is bullshit.

  • Uppercasing "Entertainment Law" makes you look less than literate.
  • Attorneys are abjured from asserting specilaization in fields that are not on a very narrow list. It's an ethics violation. Entertainment law is a very very narrow field, and doesn't really have much cross over with IP.
  • The phrase "Securing the ©" suggests you don't actually have a clue. You don't "secure copyright" when you're the creator ab initio. You have copyright. "Securing copyright" is what you do when you're not the creator and you're purchasing all rights from a creator who produced work for hire.
  • "Entering into agreements such as exclusivity" has very little to do with copyright, and a fair number of agents and editors will stop reading the minute they see an assertion of copyright. One reason is that it's insulting; another reason is that at that stage, it suggests that the person is at best an amateur.
  • Registering copyright does give you larger damages if the case goes to court. But you still have to go to court, and the damages will be based on the commercial value of the work, which in most cases, because it's an unpublished work, there's really not a lot of value. The value resides in publication. To go to court you're still going to have to pay attorneys. A law firm can rack up 10K in the research stage, before the case ever goes to court.
  • In the U.S. registering a script with WGA is far more effective than registering copyright.

IANAL. But I've earned 10K in research charges before a case even went to court. I've worked for editors and publishers who instructed us to ditch any ms. with a copyright declaration.
 
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shaldna

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I've worked for editors and publishers who instructed us to ditch any ms. with a copyright declaration.

A publisher friend once told me that they do the same thing - primarily because experience has shown them that those folk who do it tend to be a bit paranoid are usually going to be difficult to deal with later on, with a tendancy to be precious about their work.
 

WeaselFire

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Securing the ©, is in YOUR best interest as the writer!!!
Technically it's in your lawyer's best interest. The only advantage to registration is in recovering damages since it's defacto proof of notice before infringement. But in today's world, that's even less important than it used to be.

Copyright infringement suits are much more prevalent in the song and script writing worlds. I've never met any publisher that questioned rights or would ever violate them.

Jeff
 
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