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Unpublished work copyright

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atlaswv

Active Member
I live in California. I created a children's picture book and since there's so many out there, I'm thinking about copyrighting a series of these books. I have three completed so far, but there will be more. If I register the first three, do I have to wait for the certificate to arrive or can I publish them right after I applied for the certification?
Also, is it possible for my application to be denied? I know I legitimately wrote the stories and created the illustrations. I'm new at this and I'd like to make sure that I won't lose everything based on false accusations just because I didn't think things through.
Thank you very much in advance for taking the time to respond.
Atlas
 


cbg

I'm a Northern Girl
I have three books available for sale on Amazon, all of which are copyrighted and listed with the Library of Congress, and I don't have a certificate for any of them.
 

quincy

Senior Member
I live in California. I created a children's picture book and since there's so many out there, I'm thinking about copyrighting a series of these books. I have three completed so far, but there will be more. If I register the first three, do I have to wait for the certificate to arrive or can I publish them right after I applied for the certification?
Also, is it possible for my application to be denied? I know I legitimately wrote the stories and created the illustrations. I'm new at this and I'd like to make sure that I won't lose everything based on false accusations just because I didn't think things through.
Thank you very much in advance for taking the time to respond.
Atlas
Your original and creative works have copyright protection as soon as they are fixed in a tangible form. Registration is not required for this protection.

That said, registration prior to publication affords you advantages, including the right to collect statutory damages should any of your works be infringed. The registration also provides you with a date of creation which can prevent others from claiming rights to your works later.

The US Copyright Office allows one registration for each original work, with a few exceptions.

If you are considering a series of books, you might be eligible for trademark protection, which could protect a recurring character in your series or the title of your series.
 
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atlaswv

Active Member
Your original and creative works have copyright protection as soon as they are fixed in a tangible form. Registration is not required for this protection.

That said, registration prior to publication affords you advantages, including the right to collect statutory damages should any of your works be infringed. The registration also provides you with a date of creation which can prevent others from claiming rights to your works later.

The US Copyright Office allows one registration for each original work, with a few exceptions.

If you are considering a series of books, you might be eligible for trademark protection, which could protect a recurring character in your series or the title of your series.
thank you so much
 

quincy

Senior Member
Here is one of the exceptions to the one- application-per-work that I mentioned above, and this might work for your book series. There is the possibility of you registering a group of up to 10 unpublished works with a single registration. Here is a link to the Copyright Office’s explanation of “Group Registration of Unpublished Works” (GRUW):

https://www.copyright.gov/help/faq/faq-gruw.html
 

atlaswv

Active Member
Here is one of the exceptions to the one- application-per-work that I mentioned above, and this might work for your book series. There is the possibility of you registering a group of up to 10 unpublished works with a single registration. Here is a link to the Copyright Office’s explanation of “Group Registration of Unpublished Works” (GRUW):

https://www.copyright.gov/help/faq/faq-gruw.html
Great information, thank you so much!
 

atlaswv

Active Member
You’re welcome, atlaswv. I appreciate the thanks.

I wish you great success with your children’s picture book series.
Just one more question.... I'd like to use a pan name, so should I use my pan name on the copyright registration or my real name? Thanks again!
 

quincy

Senior Member
Just one more question.... I'd like to use a pan name, so should I use my pan name on the copyright registration or my real name? Thanks again!
You can use a pseudonym (pen name) when registering your work(s). You will want to check the “pseudonymous” box on the application form where indicated. You will want to read the information from the Copyright Office in Circular 32, so you better understand how registering under a pen name can affect your copyright.

https://www.copyright.gov/circs/circ32.pdf
 
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zddoodah

Active Member
I created a children's picture book and since there's so many out there, I'm thinking about copyrighting a series of these books.
In this context, your use of "copyrighting" as a verb makes no sense. A copyright is a bundle of rights owned by the creator of a work of authorship (or any transferee of the author). The copyright comes into existence from the moment the work is fixed in a tangible medium of expression. When people use "copyright" as a verb, they are often talking about registration of a work with the U.S. Copyright Office. Although registration may provide valuable benefits - especially if the work is to be published - it is not a prerequisite to the existence or ownership of the copyright.


If I register the first three, do I have to wait for the certificate to arrive or can I publish them right after I applied for the certification?
The acts of registration and publication have nothing to do with each other.


Also, is it possible for my application to be denied?
In the abstract world of all that is hypothetical, virtually anything is possible, but a properly completed copyright application will almost never be denied.


I'd like to use a pan name, so should I use my pan name on the copyright registration or my real name?
The application to register the copyright for a literary work allows you to register either pseudonymously or anonymously, but you will have to provide your actual name on the registration form.
 

quincy

Senior Member
The acts of registration and publication have nothing to do with each other.

In the abstract world of all that is hypothetical, virtually anything is possible, but a properly completed copyright application will almost never be denied.

The application to register the copyright for a literary work allows you to register either pseudonymously or anonymously, but you will have to provide your actual name on the registration form.
A few corrections/clarifications to what was said above:

Registration and publication have everything to do with each other if one is looking to register a group of unpublished works.

You do not have to provide your actual name on the copyright registration form. There can be good reasons for doing so but the pseudonym can be used for all. See the link to Circular 32 that I provided earlier.

There can be several reasons why a copyright registration could be denied. Here is a good look at the reasons:
https://www.copyright.gov/comp3/chap1700/ch1700-administrative-appeals.pdf
 
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