Legal Usage For Writers

Justice personified by a young woman holding a sword in her raised right hand, scales in her left, from 'The Virtues', circa 1515 –25 engraving is under public domain.

This page covers basic legal usage for writers by answering some basic questions writers often ask. I’m not an attouney and nothing here should be vewied as leagal advice. It is shared for infromaiton purpouses only and should be used with causion and councel depending on your particular cercumstance. It is not a substute for leagal advice.

Is it best to copyright your work before submitting to writing competitions?

You don’t need to copyright your work with the U.S. Copyright Office before submitting it to competitions. Once your work is tangible—committed words to paper—it is protected under copyright law even without formal registration. This is true, even if you do not use the copyright symbol. However, registering with the Copyright Office allows you greater power to litigate and collect damages should someone steal your work. It holds true for works written on a computer and saved in digital form too. Almost anything counts as a fixed tangible form. https://www.lib.umn.edu/services/copyright/basics

What is fair use?

Wikipedia explains what fair in great deatil and it’s histoy here.

Are book titles subject to copyright protection?

No. However, titles can be trademarked; so make sure you check before you publish.

How can I find out if a pharse is trademarked?

Check here if any trademark has already been registered or applied for that is: similar to your trademark, used on related products or for related services, and live registered in the United States: https://www.uspto.gov/trademarks/search A trademark that meets all three criteria will prevent your trademark from being registered because it creates a likelihood of confusion. 

You can check if a similar trademark to your brand already exists in the UK here for free: https://www.gov.uk/search-for-trademark.

When do U.S. works pass into the public domain?

Boise State University has a great reference chart that helps determine when works are public domain. https://www.boisestate.edu/generalcounsel/copyright/copyrightbasics/law/ You can also read ‘The Duration of Copyright’ PDF on The United States Copyright Office Site.