(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_01c_Intro.pdf )

A copyright is a form of legal protection granted to the creators of original works, such as printed book, e-book, audio-book, video, photos, illustrations, pictures, songs, software and website.

It gives the copyright holder the exclusive right to reproduce, sell, distribute, and display the work, as well as to create derivative works based on it.

Copyrights enable authors to make money by selling their work and preventing others from copying or selling their work without their permission or a license.

This means that others cannot use, share or distribute the work without the copyright owner’s permission.

In the U. S., your copyright protection lasts for your lifetime, plus 70 years**.

While you are automatically granted a copyright when you create an original work, the U. S. Supreme Court requires that you register your copyrights before filing a lawsuit to protect and enforce your rights. You can register both unpublished and published works.

To start your protection, click to learn more about registration NOW! 

(PDF link --  https://www.digi-rights.com/drights/blogs/Blog_08a_Copyright_Notices.pdf )

Copyrights and Notice* on your work… 

Copyright is a form of intellectual property law that protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture… and includes your text (i.e., story), images, photos, illustrations and audio/visual elements within the work.

A copyright notice lets the public know that a work is protected under copyright law and may not be copied, published, disseminated, displayed, performed, or played without permission of the copyright holder(s) except in accordance with fair use or licensed agreement.

While a notice is optional for works created after March 1, 1989, it is a good idea to place a notice on the work to indicate your claim of rights in the work. Copyright notice can be placed on your work for both registered and unregistered copyrights; however, without registering your copyrights you cannot enforce your copyrights from piracy and illegal use or file a lawsuit to recover damages for copyright infringement.

You must register your copyrights within 3 months of publication or distribution and before any infringement occurs to recover full damages and attorney fees.

Proper Copyright Notice Format -- Example:

© 2023 Jane Smith. All Rights Reserved.

The proper format requires the word “copyright” or © symbol, year of first publication (or year created if unpublished) and the copyright owner.  A notice should be on the first page or a visually perceptible location.

Unpublished Works

Although a copyright notice is not required for unpublished works, due to timing issues between preliminary distribution and actual publication it is a good idea to place copyright notices on the work to indicate a claim of ownership rights in the work.

Published Works

Although a notice is optional for published works, placing a copyright notice on your work provides these benefits:

• A notice makes potential infringers aware that copyright is claimed in the work and acts as a deterrent from copying or plagiarizing your work

• (Without registering your copyrights, you cannot enforce your copyrights from piracy and illegal use or file a lawsuit to recover damages for copyright infringement.)

• A notice may preclude an “innocent infringement defense” by a potential infringer to attempt to limit their liability for infringement damages

• A notice identifies the copyright owner and the year of first publication, which may be used to determine the term of copyright protection

• A notice may prevent the work from becoming an orphan work by identifying the copyright owner and specifying the term of the copyright

So, in summary, it is ‘best-practice’ to always place a proper copyright notice on your work.

To start your copyright protection, click the Help tab to learn more about registration NOW! 

* For complete information on Copyright Notices see U. S. Copyright Office – Circular 3 Copyright Notice
https://www.copyright.gov/circs/circ03.pdf 
The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice. DISCLAIMERS: Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC. CopyrightsNow is not affiliated with the U. S. Copyright Office. Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material.
© 2023 Digi-Rights Direct LLC., portions from other contributors. All rights reserved. Rev 8.12.23 

(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_02a_ISBN.pdf )

ISBN vs. Copyrights?

An ISBN (International Standard Book Number) is a unique numerical identifier assigned to each specific edition and format of a book, such as hardcover, paperback, e-book, audio-book, etc. It is used to identify and track books in the book industry.

Copyright, on the other hand, is a form of legal protection granted to the creators of original works, such as printed book, e-book, audio-book, video, photos, illustrations, pictures, songs, software and website.

Do you need a separate copyright for each ISBN?

No… you do not need a separate copyright for each ISBN. Copyright applies to the work as a whole, not to specific editions or formats of the work.

For example:

You need a separate ISBN for each format of the same work – such as: hardcover, paperback, e-book, audio-book, etc. But as long as each format has the identical content (i.e., same title and manuscript version, same photos, illustrations, cover art, etc.) and the same author(s) and claimant(s) then one copyright can cover all formats.

However, if an ISBN refers to different works or different owners (i.e., with different titles or manuscript, etc.) then you would need a separate copyright for each work. If a new edition of the book is created with a revised cover or revised text, it may be considered a new work and should be registered with a new copyright application to cover the changes from the previous work.

It's worth noting that ISBN is an optional field on your copyright application – and only one ISBN can be listed; it’s best to list the primary ISBN that may have the most sales.

To start your protection, click to learn more about registration NOW! 

(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_03a_Unpublished_vs_Published.pdf  )

Does my work have to be published to be copyright protected?

No. Publication is not necessary for copyright protection. “Publication” is the distribution of copies of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending.

Should I register my copyright before publication?

A recent Supreme Court ruling requires that you register copyrights before you can file a copyright infringement lawsuit for money damages! 

Registering ‘Unpublished’ also protects your ‘Published’ work.*  Registering also creates a public record and makes it easier to defend your copyright.

BONUS for Registering ‘Unpublished’

• Registering your ‘Unpublished’ work gives you peace-of-mind… knowing that your copyright legal protection starts earlier… while you shop for agents, or submit your work to publishers or 3rd parties reviews, etc.

• Registering as ‘Unpublished’ provides BONUS copyright protection for both your ‘Unpublished’ and ‘Published’ work in all formats* (i.e., hardcover, paperback, e-book, etc.)

• Registering as ‘Unpublished’ is usually faster and less costly since you can simply upload the required copy as a PDF for copyright protection vs. having to mail in physical copies of your hardcover or paperback book

• Note: For ‘Published’ works, if your formats include hardcopy (i.e., hardcover or paperback) then you must mail in two complete physical copies of the work in the hard copy format; if the published format is only electronic then you may upload a PDF version containing the complete work

• Most importantly – the sooner you register your copyrights, the sooner your copyright protection and enforcement begins!

To start your protection, click to learn more about registration NOW! 

* ‘Published’ version must have the same content, authors and claimants as the ‘Unpublished’ work.

(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_04a_Work-for-Hire.pdf )

Definitions

"Work-for-hire" is a term used in U.S. copyright law to describe a situation where the person or entity that commissions or pays to create a copyrighted work is considered the owner of the copyright, rather than the person who created the work.

There are two main types of work-for-hire:

• Commissioned work: Work (i.e., text article, photos, illustrations, sound recording, etc.) specifically commissioned or ordered for use as a contribution to a collective work, such as a book, e-book, audio-book, article or periodical, or as a part of a motion picture or other audiovisual work, is considered a "work-for-hire" and the employer or commissioning party is considered the copyright owner.

You should always specifically spell out that copyright ownership and all rights will be vested with the commissioning party not the subcontractor.

• Employee work: When a work is created by an employee within the scope of their employment, the employer is considered the copyright owner of the work, as long as the work was created as part of the employee's job duties and is not a work of independent contractor.

What if you work for yourself… as an employee of your own Self-Publishing Company?

• If you worked in the ‘role’ of an employee for your company, then the work you create is ‘owned’ by the Company (even your own company) and therefore the company would own the rights to your content, including: text, images, photos, etc.

• Note: Make sure your company is a legal entity registered in your state with a separate Tax ID

• To register a U. S. copyright, you have two filing options:

• As ‘Individual’ or

• As ‘Organization’

• If you’re filing under a Company name… you will file as an ‘Organization’ as both ‘Author’ and ‘Claimant’ as follows…

o For ‘Author’— Indicate ‘Organization’ and enter your company name and contact information and check ‘Work-for-Hire’, then enter the original content type for the contribution (i.e., text, photos, art, etc.) as if the company created it (Note: Your nam  would not appear as the Author)

o For ‘Claimant’ – Indicate ‘Organization’ and your company name and contact information (Note: Your name would not appear as the Claimant)

o For ‘Certificate – You may indicate both your company name and your name (if you like) printed on the certificate

It's important to note that not all types of work are considered "work-for-hire."

For example, works created by independent contractors, such as freelance writing, illustrations, art, text, editing, narration, etc., are typically not considered "work-for-hire" unless there is a written agreement to the contrary indicating that the commissioning party owns all rights to the work.

Understanding this "Work-for-Hire" concept and having written agreements in place when commissioning or creating copyrighted works, will ensure that ownership of the copyrights is clearly established.

Note: Always consult with your tax attorney or accountant for advice on which entity should own the copyrights – an Individual or Company.

Note: A fast and easy way to register copyrights is using CopyrightsNow – a software app that navigates through this process with ‘step-by-step’ prompts, 1-click ‘on-line help’ and extensive edits and validation.

To start your copyright protection, click to learn more about registration NOW! 

(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_18a_Gen-AI.pdf )

If your book includes generative-AI for images or text… can you still copyright it?

While there are many AI image generators that produce fascinating results… services like Google Gemini… OpenAI’s Art Image Creator… Canva's Image Generator… Microsoft's AI Image Generator… Adobe Firefly… plus others… be aware of consequences that affect your copyright! 

AI-generated content copyrightable? 

According to the U. S. Copyright Office, works created by AI – known as “generative AI” are technologies that generate “original” content based on prompts from humans. 

USCO recently announced new policy guidelines* on “Works Containing Material Generated by Artificial Intelligence” that affect your copyright. 

How does U. S. copyright law treat AI-generated content? 

USCO currently interprets AI-generated text and images as not protected under copyright law since they were produced by a machine based on prompts from humans. 

In recent cases, featuring AI-generated images, USCO determined that AI-generated images are not protected although other human-generated images and text and the selection, coordination, and arrangement of the Work’s written and visual elements’ are protectable under copyright law’. 

For AI-generated material, the Copyright Office will consider whether AI contributions are the result of “mechanical reproduction” or of an author’s “own original mental conception, to which [the author] gave visible form.” 

If a work’s traditional elements of authorship (i.e., Text or Images were produced by a machine, the work lacks human authorship and USCO will deny that content from copyright protection.

For example, when an AI technology receives a prompt from a human and automatically produces complex written, visual, or musical works in response, then “traditional elements of authorship” were produced by the technology — not a human user — and therefore not copyrightable. 

When your content includes AI technology, that material is not protected by copyright and must be excluded in your application as ‘Pre-Existing 3rd Party Material’. When registering your work with software like CopyrightsNow**, an applicant should check: ‘Pre-Existing 3rd Party Material’ to limit the copyright claim by excluding AI-generated contributions, such as:

Limitations: 

• AI-generated Text
• AI-generated Images
• AI-generated Music 

Applicants have a duty to disclose the use of AI-generated content in their work and an obligation to specifically exclude that AI content from the copyright registration. 

For example, a work that incorporates AI-generated text into a larger textual work should only claim the portions of the text that is human-authored. And an applicant who creatively arranges the human and non-human content within a work should fill out the ‘Author Created’ contribution as: “Selection, coordination, and arrangement of [describe human-authored content] created by the author and [describe AI content] generated by AI.” 

The AI technology or company should not be listed as an Author or Co-Author on a copyright application. Applications that fail to disclose material generated by AI risk losing the benefits of the registration. If USCO becomes aware that essential information to its evaluation of registrability “has been omitted from the application or is questionable,” it may deny or cancel the registration. 

Separately, a court may disregard a registration in an infringement action pursuant to section 411(b) of the Copyright Act if it concludes that the applicant knowingly provided the Office with inaccurate information, and the accurate information would have resulted in the refusal of the registration. 

Therefore, to ensure authors and publishers have valid copyright registrations, it is essential to fully disclose the use of AI-generated content and limit your claim in the original copyright application. 

Note: Always consult with your tax attorney or accountant for advice on which entity should own the copyrights – an Individual or Company.

Note: A fast and easy way to register copyrights is using CopyrightsNow – a software app that navigates through this process with ‘step-by-step’ prompts, 1-click ‘on-line help’ and extensive edits and validation.

To start your copyright protection, click to learn more about registration NOW! 

DISCLAIMERS: Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC. CopyrightsNow is not affiliated with the U. S. Copyright Office. Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon tutorial material and software app. 

* Federal Register: Works Containing Material Generated by Artificial Intelligence Reference https://federalregister.gov/d/2023-05321 

** CopyrightsNow has context-sensitive on-line help on each screen to provide more detailed information on how to fill-out the data-fields and recommended solutions for common situations 

Which is right for you? Company vs. Individual copyrights?

(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_05a_Org.pdf )

Copyright is a type of intellectual property that grants legal protection to the creators of original works, such as printed book, e-book, audio-book, video, photos, illustrations, pictures, songs, software and website.

Copyrighting material under a company name versus an individual name has some important differences and considerations.  Here are a few reasons why you might copyright material under a company name:

• Separation of Ownership: When a company owns a copyright, it is separate from the owners and employees of the company. This can make it easier to transfer ownership or licensing of the copyright in the future

• Limited Liability and Increased Protection: Should there be a claim of infringement against the work, company ownership may help shield you from personal liability; also a company has more resources and legal standing to enforce its copyrights and defend against infringement

• Professional Image: Registering a copyright under a company name can convey a professional image and increase the perceived value of the copyrighted material

• Tax Benefits: In some cases, registering a copyright under a company name may have tax benefits (consult with your tax attorney or accountant)

On the other hand, individuals may choose to copyright material under their own name because it is simpler and less costly, and they may have greater control over the material and its use.

It is important to carefully consider your specific circumstances and your objectives when deciding whether to copyright material under a company name or an individual name.

Note: Always consult with your tax attorney or accountant for advice on which entity should own the copyrights – an Individual or Company.

Here's a step-by-step guide to copyrighting material under a company name:

1. Create original copyrightable material: This can be in the form of printed book, e-book, audio-book, video, photos, illustrations, pictures, songs, software and website and other types of creative expression.

2. Determine the legal ownership entity: The company must be the legal entity of the copyrights.

Typically, this is done under a ‘Work-for-Hire’ agreement – where a commissioned work or work is created by an employee – has all ownership rights vested with the company.

For more info on using ‘Work-for-Hire’ see this article: 
https://www.digi-rights.com/drights/blogs/Blog_04a_Work-for-Hire.pdf 

3. Register Copyrights: Register the material with the U.S. Copyright Office by submitting a properly formatted copyright application, fee, and a copy of the material being copyrighted. The copyright registration must be in the name of the organization.

Note: A fast and easy way to register copyrights is using CopyrightsNow – a software app that navigates through this process with ‘step-by-step’ prompts, 1-click ‘on-line help’ and extensive edits and validation.

4. Place copyright notice on your work: “© [Year] [Company Name]) All Rights Reserved.” to indicate that the company owns the copyright to the material.

It's important to note that while you are automatically granted a copyright when you create an original work, the U. S. Supreme Court requires that you register your copyrights before filing a lawsuit to protect and enforce your rights. You can register both unpublished and published works.

Do you need a copyright for each ISBN? see this article for details: 
https://www.digi-rights.com/drights/blogs/Blog_02a_ISBN.pdf 

To start your copyright protection, click to learn more about registration NOW! 

(PDF link -- https://digi-rights.com/drights/blogs/Blog_16a_Copyright_Compilation.pdf  )

Let’s say you want to publish a compilation of articles written by separate authors and include some articles that you authored. Can you copyright the entire work with one copyright registration? 

Answer: Yes. However, the copyright for a compilation as a whole is separate from copyrights for each article of content. 

So, when you create a compilation, your copyright protects only the work as a whole (i.e., your selection and arrangement of elements) not the individual elements itself. Each article should be copyrighted by the respective author as a separate copyright registration. 

However, if you created some of the elements (i.e., text, artwork, illustrations, etc.) as part of the compilation – then you can include those elements you created as part of the copyright registration. 

You would place a copyright notice on the work, such as:
© 2024 Your Name. All Rights Reserved. 

What is a compilation? 

Compilations of data or pre-existing works (also known as ‘collective works’) may be copyrightable if the materials are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes a new work. 

When the collection is a purely mechanical task with no element of original selection, coordination, or arrangement, such as a white-pages telephone directory, then copyright protection for the compilation is not available. 

Some examples of compilations that may be copyrightable are: 

Examples:  

• A directory of the best services in a geographic region  

• A list of the best short stories of the year  

• A collection of sound recordings of the top hits of the year  

• A book of greatest news photos  

• A website containing text, photos, and graphics

• An academic journal containing articles on a particular topic  

• A book comprised of articles by different authors or journalists 

In the above examples, Compilation Authorship may be involved in deciding which were the best stories, the biggest hits, greatest photos, the appropriate articles for selection, and in what order to present the works within the compilation. 

Note: The author(s) and title(s) of the pre-existing works included in the compilation do not need to be entered on a copyright registration form. However the type of content in the pre-existing works must be listed in ‘Limitations for Pre-existing material’ on the copyright registration.

However, you still need permission from the respective author of each work included in the compilation. 

What elements does your copyright protect?

1. Compilation Authorship – protects the new work as a whole for the selection and arrangement of elements within the work, including: articles, photos and other pre-existing material 

2. Original Authorship – protects newly created elements such as: articles, text, photos, art, illustrations, etc. that you created for the compilation 

(Note: Both types of authorship may be included on one copyright registration) 

Who owns the compilation?

So now that you’ve created a compilation, who owns it… and why does it matter? If you’re an in house editor or author, your employer owns the compilation copyright for each project – and the registration should be filed under the company name. 

However, if you’re an independent contractor or an outside agency, you will start out owning the compilation copyright (and any elements you created for it), unless you have signed a ‘work-for-hire’ agreement with contractor – which typically reverts all ‘rights’ to the contractor. 

Please note that copyright issues can be complex in your situation. Consult a copyright attorney for specific legal advice. 

To start your copyright protection, click to learn more about registration NOW! 

This blog is intended as an overview of copyrights. The authoritative source for U.S. copyright law is the Copyright Act, codified in Title 17 of the United States Code. Copyright regulations are codified in Title 37 of the Code of Federal Regulations. Copyright Office practices and procedures are summarized in the third edition of the Compendium of U.S. Copyright Office Practices, cited as the Compendium. 

For more information on Compilations, refer to: U. S. Copyright Office – Circular 14 – Copyright in Derivative Works and Compilations https://www.copyright.gov/circs/circ14.pdf 

The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice. 

DISCLAIMERS: Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material. Digi Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC. CopyrightsNow is not affiliated with the U. S. Copyright Office.      

All Screenshots and Text © 2024 Digi-Rights Direct LLC. All rights reserved. Rev 5.24.24 

(PDF link --  https://www.digi-rights.com/drights/blogs/Blog_07a_Copyright_Story_Illustrations.pdf )

Can a copyright cover your text and illustrations or photos? 

The answer depends on who owns the rights to each creative element. 

If you own all rights to the text and illustrations and/or photos, then you can include these as author contributions in one copyright application.  (See screenshot of Author Contribution for ‘Text’ and ‘Art’ -- in PDF above)

If there are illustrations or photos are owned by another entity (i.e., illustrator, artist, photographer, stock-art company) then you need to limit your copyright application only to your work and exclude these as ‘Pre-Existing 3rd party material’.  (See screenshot of Limitation for Pre-Existing Material for ‘Illustrations’  -- in PDF above)

There is a provision called ‘Work-for-Hire’ where you commission the Work (i.e., text article, photos, illustrations, sound recording, etc.) from an Independent Contractor for use in a book, e-book, audio-book, article or periodical, or as a part of a motion picture or other audiovisual work.

It's important to note that not all types of work are considered "work-for-hire." For example, works created by independent contractors, such as freelance writing, illustrations, art, text, editing, narration, etc., are typically not considered "work-for-hire" unless there is a written agreement to the contrary indicating that the commissioning party owns all rights to the work. 

The commissioned work should be in writing and clearly state it is a "work-for-hire" with all rights being owned by the commissioning entity – in order to avoid any copyright owner confusion. 

To copyright other elements, which are created and owned by a 3rd party entity, such as illustrations, art, photos, etc. you will need a separate copyright registration. 

For more information on ‘Work-for-Hire’, see: 

https://www.digi-rights.com/drights/blogs/Blog_04a_Work-for-Hire.pdf  

To start your copyright protection, click the Help tab to learn more about registration NOW! 

* The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice. DISCLAIMERS: Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC. CopyrightsNow is not affiliated with the U. S. Copyright Office. Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material. © 2023 Digi-Rights Direct LLC., portions from other contributors. All rights reserved. Rev 6.10.23 

If your book includes AI-generated images or text from Chat-GPT or other tools… can you copyright it?

(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_06b_AI.pdf )

The topic of AI (Artificial Intelligence) is front-and-center in the news, as Congress is considering new laws to regulate its use – and many ‘tech gurus’ like Elon Musk and Steve Wozniak have advocated a temporary halt on artificial intelligence systems that are more powerful than GPT-4. 

Despite these concerns, AI is becoming more prevalent and available to authors and creators… including ChatGPT plug-ins that enable writers to easily generate text. But will AI-generated content be copyrightable? 

Click to read more 

Is AI-generated content copyrightable? 

According to the U. S. Copyright Office, works created by AI – known as “generative AI” are technologies that generate “original” content based on prompts from humans. 

USCO has received many “copyright applications that name AI as the Author or Co-Author or statements in the ‘Author Created’ or ‘Notes’ fields indicating content was produced by or with the assistance of AI. 

Other applications have not disclosed the inclusion of AI-generated material but have mentioned the names of AI technologies in the title of the work or the ‘acknowledgments’ section of the deposit.” 

In response, the U.S. Copyright Office (USCO) recently announced new policy guidelines* on “Works Containing Material Generated by Artificial Intelligence”.

How does U. S. copyright law treat AI-generated content? 

USCO currently interprets AI-generated text and images as not protected under copyright law since they were produced by a machine based on prompts from humans.

In a recent case involving a graphic novel “Zarya of the Dawn”, featuring AI-generated images, USCO determined that ‘the text of the graphic novel as well as the selection, coordination, and arrangement of the Work’s written and visual elements are protectable under copyright law’… but that AI-generated images were not protected.

For AI-generated material, USCO will consider whether the AI contributions are the result of “mechanical reproduction” or of an author’s “own original mental conception, to which [the author] gave visible form.”

If a work’s traditional elements of authorship were produced by a machine, the work lacks human authorship and USCO will not register it. 

For example, when an AI technology receives a prompt from a human and automatically produces complex written, visual, or musical works in response, then “traditional elements of authorship” were produced by the technology — not a human user — and therefore not copyrightable. 

When your content includes an AI technology as part of the expressive elements, the generated material is not the product of human authorship and therefore that material is not protected by copyright and must be disclaimed in a copyright registration application.

 When registering your work with software like CopyrightsNow**, an applicant should check: ‘Pre-Existing 3rd Party Material’ to limit the copyright claim by listing AI-generated contributions that are excluded from registration, such as: Limitations:

  • AI-generated Text
  • AI-generated Images
  • AI-generated Music 

Applicants have a duty to disclose inclusion of AI-generated content in their work submitted for registration and an obligation to specifically disclaim that AI content from the copyright registration. 

For example, a work that incorporates AI-generated text into a larger textual work should only claim the portions of the text that is human-authored. And an applicant who creatively arranges the human and non-human content within a work should fill out the “Author Created” contribution as: “Selection, coordination, and arrangement of [describe human-authored content] created by the author and [describe AI content] generated by AI.” 

Applicants should not list the AI technology or company that provided it as an Author or Co-Author simply because they used it when creating their work. 

Applicants who fail to disclose material generated by AI risk losing the benefits of the registration. If the Office becomes aware that essential information to its evaluation of registrability “has been omitted from the application or is questionable,” it may deny or cancel the registration.

Separately, a court may disregard a registration in an infringement action pursuant to section 411(b) of the Copyright Act if it concludes that the applicant knowingly provided the Office with inaccurate information, and the accurate information would have resulted in the refusal of the registration. 

Therefore it is essential that authors and publishers fully disclose the use of AI-generated content in the original copyright application. 

Note: Always consult with your attorney for specific legal advice based on your specific situation. 

To start your copyright protection, click to learn more about registration NOW! 

The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice. DISCLAIMERS: Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC. CopyrightsNow is not affiliated with the U. S. Copyright Office. Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material. 

* Federal Register: Works Containing Material Generated by Artificial Intelligence Reference https://federalregister.gov/d/2023-05321  

** CopyrightsNow has context-sensitive on-line help on each screen to provide more detailed information on how to fill-out the data-fields and recommended solutions for common situations © 2023 Digi-Rights Direct LLC. All rights reserved. Rev 4.10.23 

To start your copyright protection, click to learn more about registration NOW! 

(PDF link --  https://www.digi-rights.com/drights/blogs/Blog_09b_Copyright_Friends_Family_Illustrations.pdf )

Question: Your friend or family member offers to create illustrations or take photos for your book. So, who owns the work product? And how do you copyright your book? 

The answer depends on who has ‘ownership’ of the work created (i.e., illustrations, photos, etc.) and whether ownership gets transferred to you or stays with the original creator. 

You may be thinking that using some photos or illustrations are ‘No Big Deal’… given it’s a family member or friend.  And you may be OK if the book is a flop and makes no money. But if the book is a ‘winner’ and earns lots of money… that’s when the 'wolves will come after you’… and may claim it was their contribution that made it a success or even sue for copyright infringement and money damages for using their work!

So, it is always best to be pro-active and have a written understanding of who owns the ‘rights’ to the work with a written document to avoid future legal entanglements!

There are two basic situations to using another’s work:

1. You use the work with permission (but don’t own copyrights)

2. You own the ‘rights’ to the work under a ‘Work-for- Hire’ agreement and do own the copyrights

Each situation requires different procedures to properly define intellectual property ownership and for filing your copyright registration to protect your work as a whole.

Making a mistake can invalidate your copyright protection and expose you to legal liabilities. (Learn more)

To start your copyright protection, click the Help tab to learn more about registration NOW! 

* The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice. DISCLAIMERS: Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC. CopyrightsNow is not affiliated with the U. S. Copyright Office. Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material. © 2023 Digi-Rights Direct LLC., portions from other contributors. All rights reserved. Rev 9.26.23 

(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_10a_Org_v_Ind.pdf )

One of the most frequently asked questions by writers….
What are the considerations of copyrighting under a business name vs. individual name?

A copyright is a type of intellectual property that grants legal protection to the creators of original works, such as printed book, e-book, audio-book, video, photos, illustrations, pictures, songs, software and website.

The owner of a copyright can be an individual or a company. If you have your own self-publishing company, should you consider copyrights under that name. What are the differences and considerations?

Here are a few reasons why you might copyright under a company name:

• Separation of Ownership: When a company owns a copyright, it is separate from the owners and employees of the company. This can make it easier to transfer ownership or licensing of the copyright in the future

• Limited Liability and Increased Protection: Should there be a claim of infringement against the work, company ownership may help shield you from personal liability; plus a company has more resources and legal standing to enforce its copyrights and defend against infringement

• Professional Image: Registering a copyright under a company name can convey a professional image and increase the perceived value of the copyrighted material

• Tax Benefits: In some cases, registering a copyright under a company name may have tax benefits (consult with your tax attorney or accountant)

On the other hand, individuals may choose to copyright material under their own name because it is simpler and less costly, and they may have greater control over the material and its use.

It is important to carefully consider your specific circumstances and your objectives when deciding whether to copyright material under a company name or an individual name.

Note: Always consult with your tax attorney or accountant for advice on which entity should own the copyrights – an Individual or Company.

What if you have your own Self-Publishing Company?

• If you worked in the ‘role’ of an employee for your company, then the work you create is ‘owned’ by the Company (even your own company) and therefore the company would own the rights to your content, including: text, images, photos, etc.

o Note: Make sure your company is a legal entity registered in your state with a separate Tax ID

Here's a step-by-step guide to copyrighting material under a company name:

1. Create original copyrightable material: This can be in the form of printed book, e-book, audio-book, video, photos, illustrations, pictures, songs, software and website and other types of creative expression.

2. Determine the legal ownership entity: The company must be the legal entity of the copyrights.

Typically, this is done under a ‘Work-for-Hire’ agreement – where a commissioned work or work is created by an employee – has all ownership rights vested with the company.

For more info on using ‘Work-for-Hire’ see this article:

https://www.digi-rights.com/drights/blogs/Blog_04a_Work-for-Hire.pdf

3. Register Copyrights: Register the material with the U.S. Copyright Office by submitting a properly formatted copyright application, fee, and a copy of the material being copyrighted. The copyright registration must be in the name of the organization.

Note: A fast and easy way to register copyrights is using CopyrightsNow – a software app that navigates through this process with ‘step-by-step’ prompts, ‘on-line help’ and extensive edits and validation.

• To register a U. S. copyright, you have two filing options:

• As ‘Individual’ or

• As ‘Organization’

  • If you’re filing under a Company name… you will file as an ‘Organization’ as both ‘Author’ and ‘Claimant’ as follows…

  • For ‘Author’— Indicate ‘Organization’ and enter your company name and contact information and check ‘Work-for-Hire’, then enter the original content type for the contribution (i.e., text, photos, art, etc.) as if the company created it (Note: Your name would not appear as the Author)

  • For ‘Claimant’ – Indicate ‘Organization’ and your company name and contact information (Note: Your name would not appear as the Claimant)

  • For ‘Certificate – You may indicate both your company name and your name (if you like) printed on the certificate

• Place copyright notice on your work: “© [Year] [Company Name]) All Rights Reserved.” to indicate that the company owns the copyright to the material.

It's important to note that while you are automatically granted a copyright when you create an original work, the U. S. Supreme Court requires that you register your copyrights before filing a lawsuit to protect and enforce your rights. You can register both unpublished and published works.

Do you need a copyright for each ISBN? see this article for details:

https://www.digi-rights.com/drights/blogs/Blog_02a_ISBN.pdf

To start your copyright protection, click to learn more about registration NOW!

The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice.

DISCLAIMERS: Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC.  CopyrightsNow is not affiliated with the U. S. Copyright Office. Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material.

(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_11b_Copyright_Translations.pdf )

Let’s say your book is published in English and you want to publish translations in other languages to boost sales.  

Question: Do you need a separate copyright registration for each translated version?

Answer: Yes.  Each translation is considered a derivative work of the original book in a different language.  It is also a separate work from the original and has its own copyright and therefore requires a separate copyright registration.  

Who owns the translated versions of the copyright?

Since each translation is a derivative work, only the copyright owner of the original work can authorize translations.  

Generally, the person or entity who creates the translation is the copyright owner of the ‘translated text’ in the specific language version, unless the translation is authorized by a 'Work-for-Hire' Agreement, in which case the contracting entity owns all rights (including copyright) to the translation.  This is because under a 'Work-for-Hire' Agreement, the contracting party is considered the Author, and the translator's name doesn’t have to be revealed in the work.

However, even if a copyright owner authorizes another entity to translate their work, the copyright owner retains the copyright to the original work and the exclusive rights to make or authorize other derivative works such as other translations.  

In any case, if a copyrighted work is used without the permission of the copyright owner, copyright protection will not extend to any part of the new work in which such material has been used unlawfully, and the unauthorized translation may constitute copyright infringement.

To register copyrights in translated works, certain information is needed about any previous registrations of the original work and a description of the new material added and pre-existing material used.

(For more detailed description with sample screenshots for registering your work, see:

 https://www.digi-rights.com/drights/blogs/Blog_11b_Copyright_Translations.pdf )

Sound confusing?  Rest Easy…  By using a copyright preparation tool like CopyrightsNow®… the system edits and validates your application with AI algorithms… and each application is reviewed by a Specialist to minimize potential issues which may cause delays or rejection by the USCO.  

CopyrightsNow® also provides On-line HELP for each screen with detailed data element descriptions and ‘Use-Case’ procedures.

To start your copyright registration protection, click to learn more! 

The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice.

DISCLAIMERS: Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC.  CopyrightsNow is not affiliated with the U. S. Copyright Office. Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material.

(PDF link -- https://www.digi-rights.com/drights/blogs/Blog_12a_How_to_Copyright_a_Website.pdf )

You’ve created a great website... to publicize your book, product or service.  So how do you protect the content from illegal copying or plagiarism?

Question: Can you protect the entire website with a copyright registration?

Answer:  Yes (for the copyrightable content) 

While a website itself is not considered a copyrightable work, you can register ‘copyrightable content or authorship’ on the website such as:  text, photographs, illustrations and artwork, music, sound recordings and/or videos.

What if there are several types of content on the website?

It should be registered in according to the predominant copyrightable content.

For example, if you want to protect a blog post consisting mainly of text, you can register the blog entry as a ‘Literary Work’. 

If you want to protect a musical work that is available on a website, you can register it as a ‘Work of the Performing Arts’. 

Likewise, a photographer who displays or distributes photographs on a website can register these images as ‘Work of the Visual Arts’. 

Multiple elements, consisting of text, illustrations, photos, etc. are typically submitted using the predominant copyrightable content such as ‘Literary Work’.

Who is the Author and Copyright Owner of a Website?

Generally, the person or entity who creates the work owns the copyright.

If you hired an independent contractor to develop a website or content, the contractor is considered the author and copyright owner of the work, not the hiring party, unless the work is created under a 'Work-for-Hire' Agreement, in which case the contracting entity owns all rights (including copyright) to the work.  This is because under a 'Work-for-Hire' Agreement, the contracting party is considered the Author, and the subcontractor’s name doesn’t have to appear in the work.

By contrast, if an individual creates a work during the course of his or her employment under a typical employment relationship, the work is considered a ‘Work-for-Hire’ and the employer is considered the author and copyright owner of that work, not the employee.

Many websites include content created by others, such as: blogs, licensed art or graphics, stock art, links to other websites, etc.  These elements would be excluded from your application by indicating ‘Pre-existing 3rd Party Material’ on your application.

Is AI-generated content copyrightable?

According to the U. S. Copyright Office, works created by AI – known as “generative AI” are technologies that generate “original” content based on prompts from humans. 

USCO currently interprets AI-generated text and images as not protected under copyright law since they were produced by a machine based on prompts from humans.    These elements would be excluded from your application by indicating ‘Pre-existing 3rd Party Material’ on your application.

Updates and Revisions

Most websites are updated often and change significantly over time. Generally, each new version of a website is considered a separate work for purposes of copyright registration.  A registration for a specific version of a website covers the new material that the author contributed to that version, including any changes, revisions, additions, or other modifications made.  Ordinarily, the registration does not cover earlier or later versions of the same website or pre-existing material that may be contained within that site.

In particular, a registration for a specific version of a website does not cover:

• Previously published or previously registered material

• Material that is in the public domain; or

• Copyrightable material owned by a third party

What do you submit as the ‘deposit’ copy of your work?

Works that are displayed on a website are registered in much the same way as any other work, and the same rules apply when your application is vetted.

Typically, you should submit the content in the form in which it appears on the actual website – by printing each page to a PDF file and uploading your PDF.

(There is no need to submit the HTML code for a site unless you specifically want to register the human-written portions of the HTML itself)

(For a more detailed description and sample screenshots, see:
https://www.digi-rights.com/drights/blogs/Blog_12a_How_to_Copyright_a_Website.pdf )

Sound confusing?  Rest Easy…  By using a copyright preparation tool like CopyrightsNow®… the system edits and validates your application with AI algorithms… and each application is reviewed by a Specialist to minimize potential issues which may cause delays or rejection by the USCO.  

CopyrightsNow® also provides On-line HELP for each screen with detailed data element descriptions and ‘Use-Case’ procedures.

To start your copyright registration protection, click to learn more! 

The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice.

DISCLAIMERS: Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC.  CopyrightsNow is not affiliated with the U. S. Copyright Office. Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material.

(PDF link -- https://www.digi-rights.com/drights/Blogs/Blog_15a_Copyright_Pen_Name.pdf )

Let’s say you want to keep your author identity ‘private’ and use a pen name or pseudonym to write your book. Can you copyright your work under your pen name? 

Answer: Yes. A pen name can be used on the copyright registration and for a copyright notice, such as: 

© 2024 Your Pen Name or Pseudonym. All Rights Reserved. 

What is a pen name? 

A pen name (or pseudonym) is a fictitious name that an individual author may use to identify him or herself to the public. A pseudonym must be a name, not a number or symbol. Nicknames and other diminutive forms of legal names are not considered pseudonyms. A pseudonym may be used on the copies of a work or when registering your copyright with the U.S. Copyright Office. 

The name of the author’s dba (doing business as) designation is not a pseudonym, and similarly, the name of a performing group is not a pseudonym. 

NOTE: A pseudonym itself is not protected by copyright since you cannot copyright names or short phrases. 

Who owns the copyright to the work? 

When you register your work for copyright, you can choose whether or not to use the author’s legal name with a pseudonym on the U. S. Copyright application. 

A “pseudonymous work” is one on which the author is identified under a fictitious name (the pseudonym) and there is no mention of the author’s legal name. 

However, if an author’s pseudonym is on the front cover and their legal name appears next to the copyright notice or anywhere else in the work, the work is not pseudonymous. In this case, the applicant should provide the author’s real name in the application. 

Examples:

 • The title page of a book reads: “The Cat and the Hat by Dr. Seuss.”   This could be considered a pseudonymous work, because “Dr. Seuss” is a pseudonym for the author (whose real name is Theodore Geisel) 

 • The title page of a book reads: “The Cat and the Hat by Theodore Geisel.” This would not be considered a pseudonymous work, because the author’s real name appears on the work

 • The title page of a book reads: “The Cat and the Hat by Dr. Seuss (a.k.a. Theodore Geisel).” This would not be considered a pseudonymous work, because the author’s real name appears on the work

 • The copyright notice for a book reads: “© 1957 Theodore Geisel.” This would not be considered a pseudonymous work, because the author’s real name appears on the work 

Information on a copyright registration becomes part of the public record. So, if an author does not wish to disclose their legal name and address publicly, they can provide their pseudonym in the fields of the online application for Name of Author, Name of Claimant and Certificate Name and use a P.O. Box address. 

Note: Depending on circumstances, providing the author’s real name in the registration for a pseudonymous work may extend or reduce the copyright term*. 

The Copyright Office encourages applicants to provide the author’s real name in the application for registration, even if the author’s name does not appear on copies of the work, as it creates a clear record of authorship and ownership of the copyright and may affect the term of copyright. 

When an author places a pseudonym or pen name on a work protected by copyright instead of using the author’s real name, the work may be considered a pseudonymous work under copyright law, but only when the author’s real name does not appear anywhere on the work or on the copyright registration. 

If the author does not wish to provide his or her real name and address anywhere in the application, use the pseudonym name in the following areas, as appropriate: Name of Author, Claimant and Certificate Name. 

If the work was created under a 'Work-for-Hire' Agreement, it cannot be registered as a pseudonymous work. 

NOTE: Registration records are public. If the author does not wish to make that information public, do not disclose the author’s real name or address in an application for a pseudonymous work. If an author’s name is given, it will become part of the Office’s online public records, which are accessible by the Internet. The Copyright Office will not remove the author’s name from the registration record once a certificate of registration has been issued. 

Sound confusing? Rest Easy… By using a copyright preparation tool like CopyrightsNow®… the system edits and validates your application with AI algorithms… and each application is personally reviewed by a Specialist to minimize potential issues which may cause delays or rejection by the USCO. 

CopyrightsNow® also provides On-line HELP for each screen with detailed data element descriptions and ‘Use-Case’ procedures. 

To start your copyright registration protection, click to learn more!  

* Under section 302(c) of Title 17, the copyright term for a pseudonymous work endures for 95 years from the year of publication or 120 years from the year of creation, whichever is shorter. This is different from the standard term of copyright protection for works created on or after January 1, 1978, which is the life of the author plus 70 years after the author’s death.

This blog is intended as an overview of copyright and pseudonyms. The authoritative source for U.S. copyright law is the Copyright Act, codified in Title 17 of the United States Code. Copyright regulations are codified in Title 37 of the Code of Federal Regulations. Copyright Office practices and procedures are summarized in the third edition of the Compendium of U.S. Copyright Office Practices, cited as the Compendium.

For more information on Pseudonym Works, refer to: U. S. Copyright Office – Circular 32 – Pseudonyms https://www.copyright.gov/circs/circ32.pdf

What’s in a Name: Using Pseudonyms When Registering Works with the Copyright Office https://blogs.loc.gov/copyright/2022/04/whats-in-a-name-using-pseudonyms-when-registering-workswith-the-copyright-office/

The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice.

DISCLAIMERS: Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material.

Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC. CopyrightsNow is not affiliated with the U. S. Copyright Office.

All Screenshots and Text © 2024 Digi-Rights Direct LLC. All rights reserved. Rev 4.30.24 

All three numbers are very different… and serve different purposes. But only CRN (Copyright Registration) provides for copyright protection and enforcement for your book and creative works!

(PDF link -- https://digi-rights.com/drights/blogs/Blog_13a_Does%20an%20LCCN%20or%20ISBN%20protect%20your%20copyright-pub.pdf ) 

What is LCCN?

A Library of Congress Control Number (LCCN) is a unique identification number that the Library of Congress assigns to the catalog record created for each book in its cataloged collections.

An LCCN is NOT the same as a copyright registration and does not provide copyright protection even though both are filed with the Library of Congress.

An LCCN differs from an ISBN in that an ISBN is assigned to each edition and format of your book while the LCCN is assigned to the work itself. You can only register printed books (not e-books) for LCCN and only before they are published.

Librarians use LCCN to locate a specific book in the Library of Congress catalog record in national databases.

LCCNs are useful for non-fiction, technical, research or how-to learning books that you want to make available to libraries. Many authors also use an LCCN to enhance credibility.

If you want your book to be cataloged at the Library of Congress (which is largest library) then you need an LCCN number. If you want to sell your book online, in book stores and libraries, then you only need an ISBN -- not an LCCN.

Getting an LCCN is a two-step process and can take from one to several weeks.

The Library of Congress uses a system called a Preassigned Control Number (PCN) to assign your book an LCCN before publication. This allows you to include the information on your copyright page, such as:

Library of Congress Control Number: 20249991234

What is ISBN?

An International Standard Book Number (ISBN) is a unique numerical identifier assigned to each specific edition and format of a book, such as hardcover, paperback, e-book, audio-book, etc. It is used to identify and track books in the book industry. A separate ISBN is needed for each book format, edition, and publisher.

Once you set up your account with Bowker, your ISBNs will be added to your account immediately at purchase (Title Assignment Instructions). You will be recognized as the publisher of all book titles associated with those ISBNs.

An ISBN ensures your book's information will be stored in the Books in Print database which is consulted by publishers, retailers and libraries around the world.

If you want to sell your book online, in book stores and libraries, then you need an ISBN. Click to learn more about ISBNs.

What is CRN (Copyright Registration Number or Case #)?

Copyright Registration is required to protect and enforce your copyright. You do not need a separate copyright for each ISBN. Copyright applies to the work as a whole, not to specific editions or formats of the work. You can register both unpublished and published works.

Copyright is intended to protect the original expression of an idea in the form of a creative work, but not the idea itself. Copyright provides legal protection to the creators of original works, such as printed book, e-book, audio-book, video, photos, illustrations, pictures, songs, software and website.

While you are automatically granted a copyright when you create an original work, the U. S. Supreme Court requires that you register your copyrights before filing a copyright infringement lawsuit to protect and enforce your rights.

Once issued, the Copyright Registration Number provides proof of that your copyright is registered with the U. S. Copyright Office.

Click to learn more about purchasing your copyright registration.

* The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice.

DISCLAIMERS: Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material.

Digi-Rights® and CopyrightsNow® are registered trademarks of Digi-Rights Direct LLC.

CopyrightsNow ( www.CopyrightsNow.com ) is not affiliated with the U. S. Copyright Office. 

© 2024 Digi-Rights Direct LLC. All rights reserved. No part of this work may be reproduced, distributed or transmitted without the express written permission of the Copyright owner.  Rev 3.12.24