If you are writing a book, you are likely so involved in the creative process that the last thing on your mind is legal issues. That being said, protecting your book idea is vital to your success as an author. Intellectual property encompasses unique material that you have created, including your original writing, that provide you with an economic benefit. Some examples of intellectual property include trademarks, inventions, trade secrets, and original tangible works like writings. How you protect your intellectual property rights depends upon the type of intellectual property you have.
Protecting Your Ideas From Theft
It is no surprise that writers who are working on submitting their writings to agents and editors fear theft of their ideas. While obtaining a copyright registration for your book may not be very complicated, the actual nature of the copyright protection is complex. Indeed, a writer owns the copyright to his or her book the moment the work is written. This goes into effect before the book is submitted for copyright registration. In order to register a copyright for a book, it is important to contact an intellectual property attorney to help guide you through obtaining the added protection of a federal copyright registration.
Protecting your copyrighted property prevents a retailer, such as a bookstore, from purchasing one book from the original author and making duplicates of it to sell to its customers. When someone purchases a book at the store, they are actually buying the writer’s intellectual property – in short the characters, setting, and story. While the extent of what falls under the copyright protection depends on the book, it does cover the order of the plot, specific elements or characters, and the world the story creates.
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While copyrighting prevents copying of intellectual property, it cannot stop simultaneous co-creation. In other words, if two people create a tangible work at the same time, but are not aware of one another, both would have equal claim to the copyright of the intellectual property. Thus, in order to receive the full benefit of copyright for a book, an author should obtain a federal copyright registration and create constructive notice of ownership.
Constructive notice is important because it makes other parties aware that the intellectual property is another’s. It allows an author to protect their copyrighted work against someone who is trying to use their intellectual property.
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Today’s technological advances allow writers more and more ways to publish their original works in book form than any other time in our lives. That being said, no matter how quickly technology allows authors to put their books out in the marketplace, copyright registration remains important. Intellectual property protection can be complicated, and registering a copyright can be a lengthy, complex process.
An experienced intellectual property attorney can help guide you through this process. Do not let your creative work be stolen or improperly duplicated. Contact our Orlando intellectual property attorneys at Bogin, Munns & Munns today. Click here to schedule your intellectual property consultation.
NOTICE: The article above is not intended to serve as legal advice, and you should not rely on it as such. It is offered only as general information. You should consult with a duly licensed attorney regarding your Florida legal matter, as every situation is unique. Please know that merely reading this article, subscribing to this blog, or otherwise contacting Bogin, Munns & Munns does not establish an attorney-client relationship with our firm. Should you seek legal representation from Bogin, Munns & Munns, any such representation must first be agreed to by the firm and confirmed in a written agreement.