Copyright for Short Online Literary Works
Updated: Dec 14, 2020
I was going to post the first installment of a piece of fiction this week, but I got a tweet this morning from @hopeclark NEW! Group Registration for Unpublished Works. One copyright fee for multiple works sounded like an important diversion. I’d been wondering about copyright if I serialize and post an entire novel on my blog. That link says “unpublished” – would they be considered “published” on the blog?
First of all, in case you didn’t know it, everything you write is copyrighted as soon as you put it into a “tangible form,” but for better legal protection you “register” your copyright through the Copyright Office. The fee is going up later this year, but it’s relatively cheap insurance against abusive copyright infringement or bogus claims against you.
That tweet from Hope Clark linked to a description and date the rule allegedly went into effect at a seemingly reliable source, the Copyright Alliance. However, whenever possible, I like to get my information from the primary source. The primary source for anything is the base, where it originates, which in this case would be the law or regulation coming out of the Copyright Office.
Searching through the Copyright Office website, all I could find was the proposed change as written back in December. If you open the Copyright Office link, scroll down to “Rulemaking” and, as of today, you’ll see Group Registration for Short Online Literary Works. There you’ll find another link to the proposed change: December 21, 2018 – Notice of Proposed Rulemaking.
Well, rules don’t always go through as proposed, so I looked around the Copyright Office website for the actual rule allegedly put into force more than a week ago, to no avail. Finally, I called them. I was on hold less than five minutes and got a very pleasant person who explained where to find the new rule when it is posted. Below that “Rulemaking” bar on their homepage is a gray bar More Rulemakings which brings up a page where Open Rulemakings are listed at the top (with that same December notice link) and, as you scroll down, Closed Rulemakings. That is where the actual rule will be linked so you can verify whatever other sources tell you.
My competent Copyright Office person (sorry I didn’t think to get your name) verified that this particular rule has been approved and the final version will be posted in Closed Rulemakings. She could not say whether or not it was approved as proposed in December, however I had some specific questions she was able to address. In particular, I wanted to know if I could copyright the novella I meant to start posting this week. She advised me to not use the word “chapter” because this new rule is not designed for books. We will be able to copyright (in one application with one fee) up to fifty blog posts made within three calendar months. Each post has word limitations.
Running the numbers led to looking for online serializations and that led to wondering where I want to post the fiction – here? On the blog that will be part of my new website? Would I lose my WordPress readers and be harder for readers to discover?
Whatever I decide, the next fiction blog will be next week, in April, so I’ll have the option of copyrighting three month’s worth of blogs under one title with subtitles for each blog. Meantime, it feels good to have popped back to writing for writers this week.
You are welcome to share this link with others, but please respect copyright by contacting me for permission if you want to publish the material elsewhere.