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Copyright for Authors & Creators: Author Rights

A guide to understanding and managing your work as intellectual property.

Copyright Registration

Copyright Pirates

An ad from 1906, when copyright registration formalities were still required in the U.S., via wikipedia.org

Copyright registration is not required in order to enjoy protection for your work. However, it is still a good idea to register your copyright in a work.

It is an easy process that helps ensure the U.S. Copyright Office has a record of your original work and your claim to copyright ownership. Registration is also the required first step if you decide to sue someone for infringement.

Copyrights can be registered online through the Electronic Copyright Office (eCo) system.

Single applications are $35 per registration per work. Standard applications--for works by multiple creators or owners, for multiple works, or for choreography--are $55 per registration.

The processing time for online applications is up to 8 months, so be sure to begin your registration early.

Copyright's Exclusive Rights

Copyright law grants five exclusive rights to a copyright owner:

   1. the right to reproduce the work;

   2. the right to prepare derivative works based on the work;

   3. the right to distribute copies of the work to the public;

   4. the right to publicly perform the work; and

   5. the right to publicly display the work.

The law also gives the copyright owner the ability to give these rights away to someone else (like a publisher) or to share them with others by granting a license.

Although these rights are exclusive to the copyright owner, they are not without limit. There may be specific limitations, such as "fair use," that are set forth in the Copyright Act.

Your Rights as an Author

The author is the copyright holder.

As the author of a work you are the copyright holder, unless and until you transfer the copyright to someone else in a signed agreement.

Assigning your rights matters.

As author of a work, you possess the exclusive rights listed above unless and until you transfer them. If you transfer copyright ownership without retaining these rights, you must ask permission of the new copyright owner to use your work.

The copyright holder controls the work.

Decisions concerning use of the work, such as distribution, access, pricing, updates, and any use restrictions belong to the copyright holder. Authors who have transferred their copyright without retaining any rights may not be able to place the work on course web sites, copy it for students or colleagues, deposit the work in a public online archive, or reuse portions in a subsequent work. That’s why it is important to retain the rights you need.

Transferring copyright doesn't have to be all or nothing.

The law allows you to transfer copyright while still keeping rights for yourself and others. The terms of your publication agreement determine what rights you give to your publisher and what rights you retain. 

Scholarly Communications Librarian

April Hathcock's picture
April Hathcock
Contact:
Elmer H. Bobst Library
Mezzanine 1M-01
Fair Use Listserv: fairuse@nyu.edu
212-992-6258

Author Rights Resources

Authors Alliance
An organization of scholarly authors from multiple disciplines and institutions with the unified goal of promoting "authorship for the public good."

Association of Research Libraries: Author Rights
The ARL overview of author rights, which includes links to additional author rights resources.

Columbia Law School: Keep Your Copyrights
Columbia's guide to author rights that focuses on the basics of copyright and provides insight on sample publication contracts and key contract clauses.

Protecting Your Copyright

Sadly, not everyone respects copyright the way they should. If you find someone has infringed your copyright, you should contact them right away with detailed information regarding the alleged infringement. In many cases, you may be able to resolve the issue without having to sue. 

In particular, if you find someone is using your materials online, you can request that they remove the content in accordance with the Digital Millennium Copyright Act. The document below provides a template for making a DMCA takedown request to a web content provider.