What Authors Should Know about Copyright & Trademark
- Sarasota Fiction Writers
- Apr 24
- 3 min read
By Mark Mathes
This workshop Nov. 15, 2024 provided an overview of copyright (and other forms of intellectual property) for librarians, library workers and writers. The goal of the workshop is to increase understanding of how the law relates to the work we use and make. Topics included copyright ownership and authorship, licensing and works-made-for-hire, reproduction and manipulation of images, invasion of privacy, and fair use.
"Copyright protects an original work or brand from the moment it is created," she said. Authors should register their work. "When I create something, registering it in the US Copyright Office is beneficial. It makes an infringer settle up faster" if there is a dispute. Mailing a copy of the manuscript to yourself is a myth that has no value, she said.
The term is your life plus 70 years. When works leave copyright protection, they enter the public domain. "The Great Gatsby was in the public domain in 2021." Thus, works in the public domain may be adapted freely. Sherlock Holmes is an example of a public domain work that is widely adapted and modified.
“Copyright protects the expression of the idea, not the underlying idea.”
"Make sure you mention to your estate lawyer that you have copyright assets. It's like a car title. You have registration that proves it."
She was asked how collaborators share the rights. Example: co-authors. "Sit down and talk about the roles and responsibilities and how this is pgoing to work." Do this early in a partnership or collaboration.
"In order for a copyright to be transferred, it must be in writing."
“Specify the 5Ws.” This includes the term. Is there a royalty?
In books, “an illustrator isn’t entitled to royalties. It’s probably better to have a flat fee.”
“Film does the buy-now, pay-later. Often, the agreement says, I will commission you to write the script. The contract will say, if I make a movie, then there is an obligation to pay.”
“We live in a brandify world,” she said. When considering arguments about usage, there are often two questions:
“Are you using my brand to take advantage of it?”
Or, “are you trying to damage my brand?”
About permissions and fair use: “If I’m the New York Times and I want to review a book, I do not need permission to quote a passage.” However, the length varies.
“Copyright is federal law. Contract law is normally state law. Normally, your domicile is where you’re located.” There are exceptions, when a corporation may be incorporated in, say, Delaware.
Can works created by artificial intelligence be copyrighted? “The US Copyright Office has spoken. It must be created by a human. AI-created content is not copyrighted.”
Can a book title be copyrighted? “Titles are not part of copyright.” One reason why so many books have similar titles.
She offered tips:
–Don’t reference famous movie lines.
–Don’t reference music lyrics.
–Don’t reference poetry.
“You don’t have the money to license all this stuff.”
“If you’re going to send your work out, always register copyright before you send it.”
Elena M. Paul, Esq. is the General Counsel of Ringling College of Art and Design where she also manages the Contracts Department. Before Ringling, she was the General Counsel of Alvin Ailey Dance Foundation in NYC, led Volunteer Lawyers for the Arts, and taught in higher education, including New York Film Academy and Fordham Law School.
She received her Bachelor of Arts in Economics with honors of Phi Beta Kappa, Omicron Delta Epsilon, and cum laude, from Davidson College, and her Juris Doctor from Harvard Law School.
Books, films and artwork entering the public domain in 2025. List here.
—mark mathes
Dec.1, 2024
mark mathes
985-415-6367
PO Box 1053
Sarasota, FL 34230
My publishing career of 5 decades. LinkedIn. Connect there?
Many of my 80 published books since 2015. Many as editor at regional independent Pelican Publishing in my hometown New Orleans.
My website: writing, editing, publishing website with tips, trends, Florida author news.
President of Sarasota Fiction Writers. I'll send you my most recent newsletter.
Member: Florida Writers Association, Florida Authors and Publishers Association.
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