There are so many things new writers—and even some seasoned ones—need to learn before making referrals to other writers. The problem of the Poor Man’s Copyright seems to be an ongoing thing. No matter how many times lawyers have debunked the theory, the topic still comes up consistently.
What Is the Poor Man’s Copyright
Many years ago, before the creation of the US Copyright Office in 1897, people writers didn’t have an official method of registering their work. Yes, when you put your work on paper or on the computer, you already own the copyright for that work, but with copyright infringement, how do you prove that? This is where the Poor Man’s Copyright came into the picture. Before there was a method for registering a copyright, writers or authors would take what they had written, place it into an envelope, and mail it to themselves, never opening it unless they needed it to prove ownership.
Unfortunately, even though the Copyright Office has existed over a century now, people still think this method is acceptable for proving ownership of a manuscript. We are in the 21st century now; here are some things a person can do to override this method:
- It is quite easy to change the date on a computer to make it appear they created the work earlier than it actually was.
- You can mail an empty envelope to yourself, steam the envelope open, place the work inside, and reseal it.
- If you have a typed or handwritten copy, you can place any date on the manuscript that you want.
It is for these reasons and probably more that courts do not accept this method of copyright registration. If you find yourself faced with copyright infringement, the only method acceptable to the court is a valid registration from the US Copyright Office. The cost is minimal when compared to what you stand to lose without registration.
Traditional Publishers Handle Registration for Authors
Do not think you need to register your work before publication if you are going the traditional publication route. In that case, the publisher will take care of that for you. In fact, you run a risk if you choose to register your copyright before publication because if there are extensive revisions, your original copyright will be invalid.
Something else to keep in mind is publishers and agents are likely to become offended if you copyright your work before you send it to them. In their eyes, you lack trust, and if that is the case, you are in the wrong business. Wait until you see if you will be accepted for traditional publication before registering your copyright.
Self-Publishing is Different
On the other hand, if you plan to self-publish your work, you definitely want to register the copyright first. However, you do not want to register the first draft—wait until after your editor has gone over it, and you have made all the revisions you plan to make. You certainly don’t want to have to re-register your copyright later and pay another fee.
Summary
Yes, protect your work but don’t get all bent out of shape over it and really think a Poor Man’s Copyright will allow you to file a lawsuit in court because it won’t. There are likely some countries that don’t have a copyright registration process, so this may work in those cases. However, the US does have a copyright office with a registration process, so you must use it in order to receive any compensation for copyright infringement.
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