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May 2004

The $150,000 Mistake Many Writers Make

By Lisa Collier Cool

So you register the copyrights to your magazine or newspaper articles? Most ASJA members don't. It's too complicated, some writers say, while others think it's too expensive or a waste of time. Before you decide this is a tedious task you might as well skip, however, there are several reasons why it makes good business sense to register your copyrights:

The copyright notice in a magazine or newspaper doesn't adequately protect your articles. Many writers don't realize that the publisher's copyright covers the entire issue as a collective work, but not the individual articles. Unless you have signed a work made for hire agreement or otherwise assigned your copyright to someone else, your writing still belongs to you. That's true, by the way, for both published and unpublished work.

If you haven't registered your copyright with the U.S. Copyright Office, you lose the opportunity to sue for statutory damages of up to $150,000 for willful infringement of your work. Admittedly, says ASJA member Sallie Randolph, an attorney who has handled a number of copyright infringement suits, very few writers ever collect such a large amount, even if the piracy is truly egregious. Most cases are settled out of court for sums ranging from a few hundred dollars to the low five figures. However, she says, "If you register, there's always the possibility that you could hit the jackpot if your work is infringed. But it's like the lottery: You have be in it to win it."

Registration is cheap. For just $30, you can register every article of yours that was published in the past three months. That's the smartest thing to do, since you only qualify for statutory damages if your work was registered within three months of first publication, or if it was registered at any time prior to infringement. Since you never know when someone might steal your work, the only way to make sure it's fully protected is with routine, timely registrations. For maximum protection, you'll need to register four times a year, for a total cost of $120.

It's never too late to start. Even if you haven't registered your work in the past, you can still gain protection by registering it now. Batch everything published in any given 12 month period (such as May, 2003, to April, 2004, or all of your articles from 2003) into a single application, using forms TX and GR/CP, available on the U.S. Copyright Office's Web site, www.copyright.gov. Using this approach, you could register five years' worth of articles by using five applications. Tips on how to fill out these forms are on ASJA's Web site (www.asja.org) in the "Writers Resources" section. Send two copies of each article, plus the fee and completed forms, by certified mail, return receipt requested.

It's easier than you think. Contracts chair Erik Sherman suggests these tactics to simplify the process. "Plan ahead: Whenever one of your articles is published, make two copies and put them in a copyright registration folder. Then write a note in your calendar, planner, or automated reminder program to send in the articles every three months. Download the forms and keep them on your hard drive so you have them when it's time to register."

Bear in mind, however, that mail service to the U.S. Copyright Office remains seriously disrupted in the wake of the anthrax attacks. It typically takes four or more months before you receive your copyright certification, which will have the date the materials were actually received. You can check on your application by calling the Copyright Office at (202) 707-3000. Under certain circumstances, such as a publishing deadline or impending litigation, you can ask for special handling. If your request is granted, the fee is $580, plus the normal $30 application fee, for a total of $610. Check the Copyright Office Web site for more information.

But don't let postal hassles deter you. As Erik says, "Registration is a big lever in your hand when someone copies your work or puts it online without permission. By taking this smart step, you protect your rights—and your income—if something like this happens to you. Not only can you get the material taken down from a Web site, but you may be in line for some serious money as well." So, I recommend that you take a couple of hours and register your work. It's well worth the effort!