Background:  Perhaps the greatest intellectual property dilemma facing American writers is the difficulty of enforcing copyright claims when the damages are not large – and, conversely, the high cost of defending against frivolous or unjustified claims.  Currently, all infringement lawsuits must be brought in federal court, and registration of the copyright is a precondition.  (Unless … Continue reading The New Copyright “Small Claims” Proposal →

Q..  I’m in a writer’s group.  If I distribute my novel to the group, do I lose copyright? A.  No, you can’t “lose” your copyright unless you assign or transfer your copyright in writing. The correct question is “Have I met the definition of ‘publication’?” Why is it important that you have “published” your novel?  … Continue reading Writer’s Groups →

The Poor Man’s Copyright is one of those apocryphal ideas that almost, but not quite, rises to the status of urban legend (unfortunately, it’s not as scary as exploding toilets).  I have encountered many otherwise sophisticated authors who not only believe in this charming fantasy, but also practice it. Here’s the idea:  Whenever you send … Continue reading The “Poor Man’s Copyright” →

Q.  I’m confused.  What’s the difference between copyright infringement and plagiarism?  Aren’t they the same? A.  Your confusion is typical.  The two aren’t the same – but they CAN overlap.  Indeed, plagiarism can be copyright infringement, and vice-versa, but it’s also possible to plagiarize without committing copyright infringement, and infringe a copyright without plagiarizing. First, … Continue reading Copyright vs. Plagiarism →

Every writer, fiction or nonfiction, should be familiar with a central tenet of copyright law: the doctrine of “public domain” work.  Public domain works are, simply, anything NOT protected by copyright.  Such works may be used freely by anyone without permission. The numerous changes Congress has made in the term of copyright duration, however, has … Continue reading Public Domain Works →