“The burden of proof is on the side of right,” said Judge
Bill Smith. Your work is protected by US Copyright law the moment it is
conceived. Whether written down on a napkin, or documented in your computer,
the law says, it is yours alone. But what if the person who witnessed your
napkin creation is the one who steals your story? How would you prove it is
yours?
You could mail yourself a certified package and enclose your intellectual property. Sign for
the package, and do not open it. Be sure to tape the returned proof of delivery
card to the package. You may also email the text or art to yourself. The dated
email is your proof. These are good ideas, but there is nothing better than to
have your work registered at the US Copyright Office. If you go to: www.
copyright.gov/ you can file on line for a fee of $35.
The cost of litigation is high. Each thing you do to
protect your work may save you money.
Hooray! You’ve sold your first story and just can’t
wait to sign the contract. Not so fast. You may be signing away more of your
rights than you think. There are quite a few profit opportunities connected to
your intellectual property and each facet may be a point of negotiation under
contract law. There are e-books, toys, international sales, language
translations, TV rights, movie rights, play rights and merchandise rights just
to name a few.
You must be sure of what you are signing, otherwise
you may sign away some of your dreams
and all the profit that goes with
them.
Regardless of how you go about Protecting Your Work, take heed to the words of my friend Judge
Bill Smith, “The burden of proof is on the side of right,”
The only way to put yourself in a position to sue for copyright violation is to register the work with www.copyright.gov or register it (for screenwriters) with the Writers' Guild of America.
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