Do e-books have copyright?
Just as a typical printed work, E-book copyrights provide the sole rights of it to only the author or the creator of the E-book. The law strictly states that it does not provide any rights to any individuals who physically possess the E-book. So the purchasing or the downloading of an E-book does not include any copyright rights.
Do I need a lawyer to create a copyright page?
Generally, the more specific information you put on your copyright page, the more protection you and your book will have. However, this doesn’t mean you need to go overboard and hire a lawyer to create your copyright page. So, stand down Saul.
Who writes the author’s copyright page?
Traditional publishers will write their authors’ copyright pages. When you choose to self-publish a book, you are not so lucky. Fortunately, I’m here to make writing a copyright page as simple as possible.
Is it legal to sell an e-book?
Similar to printed books or works, the “Right of First Sale” and “Fair Use” apply to E-books. The “Right of First Sale” doctrine states that any individual who purchases and legally obtains a copyrighted work may sell or give way the original copy of the purchased work.
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About Literary Lawyer
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How does copyright apply to e-books?
When it comes to E-books, copyright laws can be very similar to regular copyright laws for any other written publications or works . Since E-books are very different from printed books and are still rather new and are constantly evolving as technology expands, the copyrights for them must be unique ...
What are the rights of a copyrighted book?
Rights of a Copyrighted E-book. Just as a typical printed work, E-book copyrights provide the sole rights of it to only the author or the creator of the E-book. The law strictly states that it does not provide any rights to any individuals who physically possess the E-book. So the purchasing or the downloading of an E-book does not include any ...
How does piracy affect copyright?
Piracy directly affects the copyright laws because it is a direct copyright infringement. The illegal copying and sharing of E-books takes profits away from the authors and owners of the copyrighted E-books.
What is electronic piracy?
Electronic piracy is one of the largest growing cyber crimes occurring today. Piracy involves the illegal obtaining and sharing of electronic media such as movies, music, software, and E-books. E-book piracy is a growing trend, especially with the increase of devices such as the iPad and the Kindle which gives a whole new field of opportunities to E-books. Sales of digital books are at a rapid increase and so is the demand for electronic books. Although not as popular as music piracy or software piracy, E-book piracy is becoming more abundant and becoming more of a problem. Piracy directly affects the copyright laws because it is a direct copyright infringement. The illegal copying and sharing of E-books takes profits away from the authors and owners of the copyrighted E-books. As of January of 2010, there was a study conducted in July 2009 until December 2009, and an estimated 9 million E-books were illegally uploaded, shared, or downloaded. This amount of downloaded E-books calculated an estimated $3 billion dollar loss to E-book publishing companies. Publishers are concerned when it comes to E-book piracy and are seeking solutions to this problem.
What is DRM in e-books?
In compliance with the E-book copyright law, E-book authors and creators now usually have Digital Rights Management (DRM) restrictions with their E-books. This is a preventative measure to try and prevent copyright infringement from occurring. When DRM restrictions and policies are incorporated with an E-book, they aim to prevent illegal copying, sharing, and selling of the E-book. The most popular and considered the most effective form of DRM is Adobe PDF. It is very secure and comes with multiple security options. It also allows for the user to have some rights with it and prevents any copyright infringement from occurring. There are ways for people to get around the DRM systems and disable them and their are hopes and efforts to make this not possible. Getting around a DRM system does not necessarily encourage piracy but still does violate the license that comes with an E-book or a electronic book.
What to do if you discard an ebook?
There are some strict guidelines that must be followed if discarding of an E-book were to occur. Remove any and all traces of the E-book from computers. Destroy any electronic or hard copies of the E-book. Remove any data associated with the purchase of the E-book (serials, upgrades)
How many illegal books were downloaded in 2009?
As of January of 2010, there was a study conducted in July 2009 until December 2009, and an estimated 9 million E-books were illegally uploaded, shared, or downloaded. This amount of downloaded E-books calculated an estimated $3 billion dollar loss to E-book publishing companies.
How to copyright a book?
Subject to certain limitations, a copyright owner has the exclusive right to: 1 reproduce the work by making copies of it; 2 distribute copies of the work to the public by sale, donation, rental, or lending; 3 prepare new works derived from the original (for example, a novel adapted into a play, or a translation, or a musical arrangement); and 4 publicly perform or display the work.
What is the right to copyright?
Copyright is the lawful right of an author, artist, composer or other creator to control the use of his or her work by others. Generally speaking, a copyrighted work may not be duplicated, disseminated, or appropriated by others without the creator's permission.
What is the copyright act?
Apart from fair use, the Copyright Act contains a special provision, Section 110 (1), that allows teachers to perform or display a copyrighted work, either live or recorded, "in the course of face-to-face teaching activities . . . in a classroom or similar place devoted to instruction.".
What is fair use?
Fair use is the right to use a copyrighted work under certain conditions without permission of the copyright owner. The doctrine helps prevent a rigid application of copyright law that would stifle the very creativity the law is designed to foster.
How to determine if a given use is fair use?
To determine whether a given use is fair use, the statute directs, one must consider the following four factors: the purpose and character of the use, including whether the use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work;
When was the copyright act enacted?
When the Copyright Act of 1976 was being enacted, there was extensive debate about photocopying of copyrighted material for educational and scholarly purposes. Congress declined to adopt a specific exemption for such photocopying, and instead left this to be addressed under the fair use doctrine.
Does copyright expire?
Copyright protects only the form in which ideas and information are expressed. Copyrights expire after a certain period of time. And the law allows certain limited uses of copyrighted material by others, without the creator's permission. The most important such use is "fair use," which is discussed in the next Section.
Rights Reserved Notice
- The rights reserved notice is the second of 2 required elements on your copyright page. You can simply state, “All rights reserved.” Or you can expound upon that statement, making it more precise and more forceful. Here is a simple example of copyright notice and rights reserved not…
ISBN
- An ISBN (International Standard Book Number) is an identifier for your book. It has no legal purpose. The worldwide publishing industry uses it to identify your book as unique from others. List your ISBN on the copyright page. Not all books will have an ISBN number, but many will. If you have more than one ISBN, you can list both for your readers’ reference. Here’s what a print ISBN …
Library of Congress Control Number
- The Library of Congress Control Number (LCCN) is a free number you can get that facilitates libraries cataloging your book. Authors can apply online to the Preassigned Control Number (PCN) program. This is only necessary if you want your book shelved in libraries. Librarians won't shelf a book unless it lists an LCCN. Side note: LCCN is a separate (but similar) number from the Catalo…
Disclaimers
- Disclaimers are where you deny responsibility for particular aspects of your book, such as denying characters were based on actual persons. A disclaimer helps protect the writer and publishing company from potential liability. An entire book could be written on disclaimers alone. Because our society is increasingly prone to suing at every opportunity, book disclaimers have become a l…
Permissions Notice
- You need to put in a permissions notice if you used any copyrighted material with permission from the owner. This announces that you sought and obtained the necessary permissions. This is different from the next element, credits, because a permissions notice is needed if you used copyrighted material. Credits are a courtesy; you did not have to seek permission to use the boo…
Credits
- Give credit to anyone who made a contribution to your book, such as: 1. The graphic designer who created your book cover design 2. Photographers whose photographs you used 3. Your formatting service 4. Editor(s) 5. Proofreaders Can I use a public domain photograph? You may use a photo in your book that is in the public domain. However, make sure it is actually public do…
Print Edition
- Your book’s edition is a nice thing to include, especially if it is not the first edition. Simply write “Second Edition” or “Third Edition: December 2020”. Here is an example of a print edition on your copyright page:
CIP (Cataloging in Publication) Data Block
- Most self-published eBook authors won’t include a CIP data block. A Cataloging In Publication data block (CIP) is not required to publish or sell a book. The Library of Congress can issue a CIP data block to authors. It is not something you can create for yourself. However, if you’re a self-publisher, you are not eligible to obtain a CIP data block. You can, however, pay to have a P-CIP (…
Ordering Information
- The ordering information section includes info for people or organizations wishing to order more copies of your book. Different information may be listed for people looking to make individual orders, bulk orders for bookstores, college classroom orders, etc. Often, ordering information doesn’t apply to self-published eBooks. Example of ordering information on the copyright page:
Rights of A Copyrighted E-Book
- Just as a typical printed work, E-book copyrights provide the sole rights of it to only the author or the creator of the E-book. The law strictly states that it does not provide any rights to any individuals who physically possess the E-book. So the purchasing or the downloading of an E-book does not include any copyright rights. Similar to printed books or works, the “Right of First …
Copying An E-Book
- The only acceptable times when a person is legally allowed to copy the book is if the user copies the E-book files to a computer’s hard drive. Any computer that is owned and directly controlled by the owner of the E-book may have the E-book copied onto it. Also if a person wishes to copy the E-book to hard copy that is acceptable. It is permitted to print out the E-book and have it on paper …
Obtaining A Copyright For An E-Book
- In the United States, registration of a work to obtain a copyright is not a law and not required. It is completely up to the author or creator of the work to register with the Copyright Office. A copyright is automatically granted to the original work once it is created so no registration is needed. However if one wishes to register their copyright...
DRM and Copyrights
- In compliance with the E-book copyright law, E-book authors and creators now usually have Digital Rights Management (DRM) restrictions with their E-books. This is a preventative measure to try and prevent copyright infringement from occurring. When DRM restrictions and policies are incorporated with an E-book, they aim to prevent illegal copying, sharing, and selling of the E-boo…
E-Book Piracy
- Electronic piracy is one of the largest growing cyber crimes occurring today. Piracy involves the illegal obtaining and sharing of electronic media such as movies, music, software, and E-books. E-book piracy is a growing trend, especially with the increase of devices such as the iPad and the Kindle which gives a whole new field of opportunities to E-books. Sales of digital books are at a r…
Copyright Challenges
The most valuable assets of most book publishers are the copyrighted contents of their books. It is copyright law, after all, that provides the framework that enables publishers to control content, which in turn enables them to make money by selling books and licensing subsidiary rights, such as serial, book club, foreign translatio…
Contract Challenges
- A second set of legal challenges arises from the realm of contracts and licensing law. Several of these have already been mentioned, but let us review them as a related set. 1. Publishing Contracts. First, as indicated above, a publisher’s number-one priority is to be sure its contracts with authors are clear, comprehensive, and reasonable. Regarding clarity and comprehensivenes…
Defamation, Privacy, and Publicity Issues
- Another set of challenges to publishers comes from the shifting boundaries of the laws of privacy, publicity, and libel. Publishers can be sued for publishing false and defamatory statements and, sometimes, even just embarrassing private facts about individuals; and in our highly proprietary and litigious age, more and more references to individuals, living or deceased, bring claims of de…
Negligent Publication
- An issue unique to books that provide instructions, directions, how-to information, self-help (especially medical), and other guidance is a claim of negligent publication. Although far less common than suits for infringement and defamation, many publishers have been surprised by claims that they are liable because people were injured following advice published in their books…
Copyright Infringement
- Defensive. After publishing an entertainment guide, a publishing client (“Publisher A”) received a letter alleging copyright infringement from the attorney for the author of a prior work on the same topic. The letter included a detailed checklist purporting to illustrate many instances of verbatim copying and obvious paraphrases. The letter demanded a cessation of publication, an accountin…
Contract Clinic
- In this case, I represented an individual with an unusual life story to tell. A small press had approached her and proposed finding a professional to ghostwrite her autobiography. She was interested in telling her story via a quality book; but the proposed publishing contract required the grant of film and television rights to the publisher. When the publisher refused to relinquish thos…
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