Do You Need to Copyright Your Book Before Self Publishing?

It’s always safe to copyright your book before self-publishing. Read on to learn why.

The book publishing industry has continued to witness gradual growth over the years.

For example, statistics show that over 50 million books were sold in 2021, generating more than 1.1 billion dollars in revenue. Statista projects growth in e-book publishing revenue from over 900 million dollars in 2021 to over 1 billion dollars by 2025.

However, despite the impressive sales, book piracy remains a threat to authors.

The industry loses millions of dollars in revenue every year through piracy.

For example, though the authors raked in $1 billion from book revenue in 2017, they still lost millions through piracy, with an estimated 12% of consumers having accessed e-books through illegal channels.

What does this mean for you?

Though self-publishing has become increasingly popular, mainly due to its benefits, such as greater creative control and better royalties, it always comes with its setbacks.

Lack of support and limited industry knowledge are some roadblocks you’re likely to face, not forgetting the apparent risk of piracy that everyone in the industry faces.

Nonetheless, many authors grapple with whether copyrighting books is necessary or not.

Especially with the myth of the ‘poor man’s copyright’ still being tossed around, you too could be unsure whether the effort of copyrighting your book is worth it.

Besides, if someone infringed your copyright, all you need is proof that you created your work first, right?

Well, if you can prove you wrote the book earlier than the plagiarized work, you may have a case.

But as with the poor man’s copyright myth, having a stamped envelope showing when you published your book may not be the best way to safeguard your rights (more explanation on this later). So let’s get into the article and answer this and other pressing copyright questions you may have.

Inside

• What Is Copyright?
• Must You Copyright Your Book Before Publishing?
  • Poor Man’s Copyright Myth
• Why Do You Need to Protect Yourself?
• Copyright Ownership
• How to Register a Copyright
  • Application Form
  • Registration Fee
  • Submitting the Application
  • Online Application
  • Registering an Assignment
  • Registration Certificate
  • Legal Deposit of Publications
• How to Create the Copyright Page
• How Long Does Copyright Last?
  • What Happens When Copyright Protection Expires?
• Additional Copyright Information
  • Anonymity
  • Changes to the Copyright Register
  • Copyright Infringement
  • Moral Rights
  • Types of Licenses
  • Berne Convention
• Frequently Asked Questions

What Is Copyright?

Copyright is an intellectual property providing legal protection against the authorship of original works.

It gives the author the exclusive right to publish, produce or reproduce their work or any substantial part of it. Usually, copyright protects the words and language used to create the work and not the ideas.

In Canada, the copyright extends to any author’s work from a treaty country.

Treaty countries include Berne Convention countries (see more details in a later section), World Trade Organization members, or Universal Copyright Convention countries.

However, even an author from a non-treaty country could enjoy Canadian copyright protection through gazettement.

In the same way, the copyright gives Canadian authors international protection in Berne Copyright Convention countries.

This means anyone who produces or reproduces your book in those countries is bound by their Copyright laws.

Must You Copyright Your Book Before Publishing?

Copyrighting your book before publishing, whether you’re doing it at Amazon or any other publisher, is not mandatory. According to Canadian copyright laws, your book is automatically protected by copyright the moment you write it.

Any person who reproduces or distributes the work without your permission infringes your rights as the original author.

In a nutshell, even without copyrighting the book, the work is recognized as yours.

You have a right to take legal action against anyone who copies or distributes it without your permission.

However, the downside of failing to register a copyright is that you’re not entitled to statutory damages.

Even if you prove you’re the original author, you have to provide evidence of the money you have lost to receive compensation.

Editor’s Note: If you want to learn about how to use song lyrics in a book click HERE

Poor Man’s Copyright Myth

The poor man’s copyright (PMC) has been a popular myth in the copyrighting industry, though it has long been debunked.

The myth draws its strength from the Berne Convention’s automatic author protection.

It asserts that anyone who wants to avoid the cost of copyrighting can mail a copy of the book to themselves and keep it sealed in a postmarked envelope. Effectively, in case of an infringement lawsuit, the date on the envelope can serve as proof the author had published the work by then.

But thinking about this, you can imagine the different setbacks PMC would have during a lawsuit.

For instance, there’s no way the judge can tell whether the envelope indeed contained the book during mailing or the author put it in much later.

In other words, while you receive protection for your work when you create it, in the case of infringement and you have no official record showing when you wrote the book, it would be your word against the infringer’s

Essentially, the poor man’s copyright is a weak proof of evidence.

Besides, even if you’re the original author, you would still need to provide proof of the money you have lost due to the infringement. And in most cases, that would not be easy.

Why Do You Need to Protect Yourself?

Once you write your book, you can mark the work as copyright protected.

However, copyright registration provides more protection. If someone infringed your copyright, you could use the registration certificate as evidence in court.

According to the Copyright Act, the person should pay you damages plus part of their profits from the infringement.

In addition, the law allows you to recover possession of the infringing copies and take the proceedings from their sale.

However, you can only do this before the court judgment as the court has the power to order the destruction of the copies.

Note that you may also elect to receive an award of statutory damages before judgment.

This applies regardless of whether the infringement was for commercial purposes or not.

The law provides for the damages as follows;

• Commercial purposes – Minimum $500 and maximum $20,000
• Non-commercial purposes – Minimum $100 and maximum $5,000

In a nutshell, registering for copyright;

• Provides a public record of ownership and serves as a warning to would-be infringers
• Establishes validity of ownership, making it easy to file infringement lawsuits
• Makes you eligible for statutory damages.

Copyright Ownership

The Act deems the author the first owner of the copyright. But other circumstances may change ownership, such as;

• Work made during employment – The author’s employer is the first owner of the copyright unless there’s an agreement to the contrary.
• Assignment – The first copyright owner may assign the right to another person, either for the copyright’s whole term or a part of it. In that case, the copyright ownership shifts to the assignee.
• Partial assignment – The first copyright owner may also assign a part of the work. In this case, the owner retains ownership of the unassigned work, while the assignee is the owner of the assigned work.

How to Register a Copyright

Registering a copyright is an essential step in the self-publishing journey.

While authors using traditional publishers may not need to bother much about the process, the buck stops with you when self-publishing. So, you need to know how to maneuver the process.

The Canadian Intellectual Property Office (CIPO) is responsible for copyright registration. You must submit an application alongside the applicable fees to the body to register your book’s copyright. You can either send the application via mail/fax or apply online.

The process mainly involves three steps;

1. Filling the application form
2. Paying the registration fee
3. Submitting the application

Application Form

Application forms are available online (CIPO website), at the regional Innovation, Science and Economic Development Canada office, or the Client Service Centre.

The form requires you to fill out the following details;

1. Title of the work – Enter the title of the book. The title should be as it appears on the book cover without additional descriptions.
2. Category of the work – Books fall under the literary category
3. Publication – Provide details on the status of your work (published or unpublished). If published, you should enter the publish date (year, month, day) and where the work was published (city/town, province/state, and country).
4. Owner of the copyright – Enter the name of the copyright owner and their address. If there are multiple owners, you can provide the additional names on a separate sheet.
5. Author of the book – Provide the name of the person who wrote the book and indicate whether they’re the same as the copyright owner. You may also opt to provide the address of the author.
6. Declaration of the applicant – The declaration section ascertains that the applicant is either the author of the work, owner of the copyright in the book or assignee/licensee of the copyright.
7. Agent – If an agent is applying on your behalf, they should provide their information (name and address) in this section
8. Fee – Fill out the CIPO fee payment form and submit it together with the form

Registration Fee

The standard fees for registering copyright in Canada are as follows (in Canadian dollars);

• Online application – $50
• Application through any other means – $65
• Assignment/licensing – $65
• Accelerated action (for application or assignment) – $65

You may pay the fee using a credit card or deposit account. To use the deposit account, you must link it to your username, which requires contacting the Finance and Administration Directorate either by email or phone at 819-994-2269.

Submitting the Application

Once you complete the application, you can submit it via email at cipo.contact@ic.gc.ca, fax at 819-953-2476, or send it to;

Copyright Office

Canadian Intellectual Property Office

Industry Canada

Place du Portage I

50 Victoria Street

Gatineau, QC K1A0C9

Online Application

CIPO encourages online application, mainly due to its convenience and cost-effectiveness to applicants.

However, you need a My Canada Business account to apply online.

If you don’t have an account, you should create one.

But before we tell you how to go about it, let’s start from the beginning and take you through the steps.

1. Visit the CIPO website and read the Guide to Copyrights.
2. After that, go to the copyright registration page and find the e-filing application login page link. If you don’t have a My Canada Business account, you can create one at this point by following the prompts.
3. Once logged in, you should fill in the details on the application form (same as above – title of the work, category, etc.)
4. After filling out the form, you should make the payment using the various methods provided (debit or credit card, deposit account, online banking service, wire transfer, etc.)

Registering an Assignment

You can register an assignment or license online, via fax or mail.

• Online – Upon receiving an assignment of all or part of the rights, you can apply for registration with the copyright office. This involves filing the documents required (interest form, agreement between the parties, cover letter) and paying the assignment fee. You can find the interest form on the CIPO online portal. If you don’t have an account, you can create it here.
• By fax or mail – You can send the documents (agreement between parties and cover letter) alongside the appropriate fees to CIPO (see the contact information in the submitting the application section above).

Registration Certificate

After CIPO receives your application, they review it and send you a registration certificate.

If the application is incomplete or has any other issue, you should expect the office to contact you. H

owever, you can still follow up if there’s a processing delay (makes sure you have your application number before initiating the query).

Legal Deposit of Publications

Unlike in other countries where you send a copy of your book to the copyright registrar, CIPO does not accept or store your works. Instead, you’re advised to send a copy of your book to the Library and Archives Canada within seven days of publishing.

Their address is;

Legal Deposit

Library and Archives Canada

395 Wellington Street

Ottawa ON K1A 0N4

Fax: 819-997-7019

Tel: 819-997-9565

Website: www.collectionscanada.gc.ca

How to Create the Copyright Page

Once you register the copyright, you may want to create a copyright page to include it in the book.

Usually, the page appears at the back of the title page or after the title page in an e-book.

Some of the details to include on the copyright page would be;

• Copyright notice

Now that you have registered your copyright, you should let the people know. That’s the primary goal of the notice.

The elements of the notice may include;

• The term ‘Copyright’ and the symbol ©
• Copyright owner’s name (real name, pen name, or pseudonym)
• Year of publication

For instance, if the author’s name is Charlie River and they published the book in 2021, the copyright statement would read as;

Copyright © 2021 Charlie River

• Rights and permissions

The page should also include rights and permissions declaration. The statement indicates that the author reserves the right to publish, reproduce or distribute any part of the book. Anyone else wishing to use the work should request permission from the copyright owner.

You can opt for any of these two variations of the statement;

• All Rights Reserved, or
• The Moral Rights of the Author Have Been Asserted

An example of a rights and permissions statement would read;

All Rights Reserved. This book or any part of it may not be reproduced, transmitted, or distributed without the publisher’s express permission, except for brief excerpts on a book review or other non-commercial uses.

• Disclaimer

A disclaimer protects you from potential lawsuits in the event your plot or character resembles real-life events or people. Providing the disclaimer acknowledges that the characters portrayed and events described may resemble real people and events, but it’s all the work of your imagination and not a depiction of them.

An example of a disclaimer statement would be;

This book is a work of fiction. Any references to real people, historical events, or places are fictitious and the product of the author’s imagination. Any resemblance is entirely coincidental.

• Edition information

The copyright page should also confirm the book’s edition – first, second, third, etc. This could be a simple statement such as;

Third Edition: May 2021

• Credits

If you have used copyrighted materials or someone else has contributed to the book creation, ensure you credit them on the copyright page. These could be;

• Excerpts from copyrighted works
• Illustration and design
• Photographs
• Editors and proofreaders

• Publisher information

Since you’re self-publishing your book, you should include your details, such as your name and address. If you’re not comfortable providing your address, you may include your website URL instead. For instance, the section could read;

Published by Charlie River

237 Icefield Boulevard

Barrhead, Alberta

www.charlieriver.com

• ISBN

If your book has an ISBN, you need to include it.

ISBN (International Standard Book Number) is a unique 13-digit identifier required to identify books by retailers and libraries.

Though you may not necessarily need the number if you’re publishing on Amazon, other online retailers may require it.

But if you intend to publish and sell print books, you need to get one to ease book identification in bookstores and libraries. Besides, acquiring an ISBN in Canada is free.

Remember: Every book edition requires a unique ISBN, so you should apply for a new number every time you’re publishing a new edition. In addition, each e-book format (EPUB, MOBI, Kobo, etc.) should also have a unique number.

Having outlined the essential details of a copyright page, let’s join the bits and see what it would look like:

Copyright © 2021 Charlie River

All Rights Reserved. This book or any part of it may not be reproduced, transmitted, or distributed without the publisher’s express permission, except for brief excerpts on a book review or other non-commercial uses.

This book is a work of fiction. Any references to real people, historical events, or places are fictitious and the product of the author’s imagination. Any resemblance is entirely coincidental.

Cover Design by Oasis Designers

Third Edition: May 2021

Published by Charlie River

237 Icefield Boulevard

Barrhead, Alberta

www.charlieriver.com

ISBN: 123-1-4567-6789-1

Editor’s Note: If you want to learn about what happens to your copyright after you pass away click HERE

How Long Does Copyright Last?

Copyright lasts for the author’s entire lifetime, the remainder of the year they die plus 50 years after their death. For instance, if an author died on 25^th July 2000, the copyright for their book will expire on 31^st December 2050.

Usually, the 50 years start counting at the beginning of the year following the author’s death. In this case, that was on 1^st January 2001.

• Joint Authorship

When several authors have authored a book, the copyright lasts during their lifetime up to the last surviving author, the remainder of the year the last surviving author dies, plus 50 years.

• Unknown Author

Where the author’s identity is unknown, the copyright lasts for the earlier of;

• The remainder of the year when the book is published, plus 50 years, or
• For the rest of the year the book is created, plus 75 years

• Posthumous Works

Posthumous works, in this case, refer to a book that’s unpublished when the author dies. The copyright lasts for the remainder of the year the book is published, plus 50 years.

What Happens When Copyright Protection Expires?

When the copyright expires as provided by the Copyright Act, the book falls into the public domain. Anyone desiring to use the works can do so without requesting permission.

Additional Copyright Information

Having understood the process of copyright registration, creating a copyright page, and how long the copyright lasts under different circumstances, you pretty much have all the essential information you need to copyright your book with ease and confidence.

But before we let you go, let’s share some additional information to enrich your knowledge of copyright matters.

Here you go.

Anonymity

Sometimes authors choose to publish their books under anonymous identities for different reasons. Some remain unknown while others get outed, like the likes of Robert Galbraith (J.K. Rowling), Richard Bachman (Stephen King), James Tiptree (Alice Sheldon), etc.

While some want to hide their identity under pseudonyms and remain anonymous, others simply use pen names for marketing purposes. A good example is Jayne Ann Krentz.

She uses different pen names for the various genres she writes in to help her readers easily identify the genres. For instance, she uses her real name (Jayne Ann Krentz) for contemporary romantic suspense, Amanda Quick for historical romance, and Jayne Castle for paranormal romance.

If you want to remain anonymous for whatever reason, you can register the copyright under a pen name.

Though you still need to provide an address with your real name during registration, the copyright bears the pseudonym you choose.

Changes to the Copyright Register

The registrar of copyrights may request the Federal court to order a correction to the register.

When that happens, the copyright office notes the changes and makes them available to people searching the copyrights database.

In the same way, if an applicant made clerical errors, they may request the copyright office to issue a certificate of correction. However, they must pay the applicable certificate processing fee.

Copyright Infringement

If someone infringes your copyright, you (first copyright owner, assignee, or licensee) can take legal action against them.

Generally, infringement constitutes any action that breaches the copyright law, such as copying or reproducing the work. However, this excludes the use of the work for research, education, private study, satire, or parody.

There are two types of infringement – direct and indirect infringement.

Direct (primary) infringement – Involves infringing what the copyright owner has the exclusive right to, such as copying the work. Even if you were not aware your actions violated the copyright, you’re still liable for direct infringement.

Indirect (secondary) infringement – This occurs when the offender knows (or should have known) their actions are infringing the copyright owner’s rights. Yet, they still sell, rent, distribute, or import the work without the owner’s consent.

Usually, the copyright office does not enforce the copyright. It’s up to the copyright owner to remain vigilant to identify instances of infringement. Upon discovering the breach, you must lodge a complainant in court within three years.

After establishing the infringement occurred, the court may award damages, which could be statutory damages or actual damages based on your sustained harm.

While you could lodge the claim on your own, working with a copyright lawyer is always recommended. The attorney can help evaluate the case, advise you about your options, and protect your interests, including negotiating on your behalf.

Moral Rights

Moral rights refer to the inherent rights of the author regardless of who owns the copyright. These include the right to remain anonymous (right of paternity), the right to receive credit for the work (right of association), and the right to the book’s integrity.

Unless the author waives the moral rights, they cannot be assigned. This means that even if you assign the copyright, you continue to hold the moral rights to the book unless you waive them, which could be in whole or part.

• Right of paternity – An author has the right to claim authorship, remain anonymous, or use a pseudonym
• Right of integrity – The author has a right to prevent violation of the fidelity of their work during adaptation, translation, or modification,
• Right of association – The author has the right to prevent the use of their work in association with a cause, product, service, or institution that compromises their reputation.

Important note: Moral rights last for the same term as the copyright in the book. Upon the author’s death, the moral rights pass to the person who has inherited the rights, or where the rights were not bequeathed, the person who inherits the copyright. If the person dies intestate, the moral rights pass to the person entitled to the property as per the court’s decision.

Types of Licenses

The types of copyright licenses awarded in Canada include sole, exclusive, and non-exclusive.

• Non-exclusive license – There’s no limit to the number of licenses that can be issued.
• Sole license – The issuer of the license reserves the right to the work and may not license any other person to use the work other than the sole licensee
• Exclusive license – The person licensed to use the work receives exclusive rights to use it. No one else may be authorized to use the work. Even the work’s author cannot use it as the rights belong exclusively to the licensee.

Berne Convention

The Berne Convention sought to protect literary works and the author’s rights. It provides automatic author protection in their country and other Berne Convention countries.

Below are its three principles;

• National treatment – The work of an author from a contracting state must be given protection in other contracting states
• Automatic protection – Protection of the work must not be conditional on compliance with any formality
• Independence of protection – Protection is not dependent on the existence of protection in the country of origin.

Other Convention Provisions

In addition to the copyright provisions, the Convention provides moral rights – the right to claim authorship, the right to prevent violation of the work’s integrity, and the right to use the work in ways that would not prejudice the author’s reputation.

Similarly, the copyright lasts for 50 years after the author’s death. For books published using pseudonyms, the copyright expires on the 50^th year after the work is published and availed to the public.

Frequently Asked Questions

What rights does copyright provide?

Copyright provides two main types of rights – economic and moral rights. Economic rights give the owner the right to derive financial value from their works. On the other hand, moral rights protect the author’s inherent rights and include the right to integrity, association, and paternity.

Must I include the copyright symbol in my book?

Including the term copyright and the symbol © is not mandatory. Whether you have your book copyrighted or not, you may choose to include or leave it.

However, having the symbol on your book (on the copyright page if you have created one) reminds people that the work is protected hence should avoid using it in a manner that breaches the copyright law.

Can copyright be inherited?

Like any other asset, copyright can be inherited. Once you die, if you had bequeathed the copyright to the book to an heir, the ownership turns to them. If you die intestate, the copyright is assigned to a beneficiary by the court.

Other than books, what else can be protected using copyright?

Copyright protects original literary, musical, dramatic, and artistic works. The specific works protected under each category include;

• Literary works – Books, computer programs, pamphlets, and other text-based works
• Musical works – Compositions (with or without words)
• Dramatic works – Plays, motion picture films, screenplays, and scripts
• Artistic works – Paintings, maps, drawings, sculptures, photographs, and plans
• Performer’s performances – Performance of a dramatic, artistic, or musical creation; reading or recitation of a literary work
• Sound recordings – Recording consisting of sounds
• Communication signals – Radio waves transmitted through space

(Source: Government of Canada website)

What does public domain mean?

Once copyrighted work expires after the stipulated duration, it falls into the public domain. This means that it becomes free to access, and anyone can use it without permission.

Generally, public domain refers to works that have expired after the author’s death plus the 50-year provision.

Can I copyright my idea?

No. Copyright does not protect ideas and concepts. Instead, it covers the words used to express those ideas. This means someone who copies your idea and uses different words and language to express it cannot be prosecuted under copyright law.

What is fair use?

Fair use is a doctrine that provides exceptions for using copyrighted material. In determining fair use, the court relies on these four factors;

• Purpose and character of your use
• Nature of the copyrighted work
• The substantiality of the work used
• Effect of use on the potential market

When should you consult a copyright attorney?

When registering your copyright, you may not need to hire an attorney. However, if you’re transferring your copyright, consulting an attorney would help you understand the process.

On the same note, a lawyer can be handy if someone has infringed your rights and you would like to sue them. From helping you understand the copyright law to guiding you on the process, filing the complaint, and representing you in court, an attorney can fast-track the process and protect your interests.

Besides copyright, what are the other types of intellectual property?

People often use the term copyright when referring to other types of intellectual property, such as patents. However, each of the intellectual properties is distinct.

Here are some examples of other intellectual properties;

• Patents (new or improved innovation)
• Trademarks (combination of words, designs, etc., businesses use to distinguish their brand from others)
• Industrial designs (features of pattern or configuration applied to a finished article)

1. What are examples of copyright agencies in Canada?

There are several copyright licensing agencies in Canada.

Here are two examples;

• Access Copyright – Licenses access to text material and negotiating literary work permit licenses
• Playwrights Guild of Canada (PGC) – Is the national organization for playwrights and acts as an agent, distributing rights and collecting royalties

1. What happens once I apply for the copyright?

After sending an application together with the fee, the copyright office downloads it into the internal processing system (for online applications) or enters it into the system manually (for paper applications).

If the application has an issue, the office notifies you within one week. But if there is no issue, the copyright is registered, and you receive a registration number within five days (for online application) or seven days (for paper application).

Assignment and license follow the same process. However, you get the certificate within two weeks.

Key Takeaways

• In Canada, copyright grants book authors exclusive rights over their work the moment they write the words. Even without registering the copyright, the rights to the book belong to you. However, without an official certificate proving your ownership of the work, you might face difficulties proving you’re the original author in an infringement lawsuit.
• Registering the copyright is essential. It establishes the validity of the ownership, provides a public record of ownership, and makes you eligible for statutory damages following an infringement.
• The law deems the author the first owner of the copyright except in situations such as when an employee does the work in the course of employment or in the case of assignment.
• Registering the copyright involves filling out the application form and paying the applicable fee. You can apply online or send the application via mail or fax. Online application is the most preferred because it’s much cheaper than physical application and leads to faster certificate processing.
• You should submit a copy of your book to the Libraries and Archives Canada within seven days of publishing.
• Once you register the copyright, you should consider crafting your copyright page, including the following details – copyright notice, rights and permissions, disclaimer, edition information, credits, publisher information, and ISBN.
• Copyright lasts for the author’s entire lifetime plus 50 years after their death. For jointly published books, the 50 years start counting after the death of the last surviving author. Books published anonymously or posthumous works last for 50 years after the publication.
• In addition to economic rights, the copyright law grants you moral rights, which do not transfer with copyright assignment. However, you can waive the moral rights wholly or partially.
• If you want to grant a license to someone to use your work, you can give either of the three licenses – non-exclusive, sole, or exclusive.
• Once you submit your application, you can expect to receive the registration certificate within five days and seven days for online and physical application, respectively. For assignments, the registration certificate takes about two weeks.