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I just finished writing a novel, how do I get a copyright and how long does it last?

How do I get a copyright and how long does it last? I just finished my novel.

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Attorney answers (4)

Reputation Level 7
Under the 1976 Copyright Act, which applies to works fixed on or after January 1, 1978, federal copyright protection vests immediately upon fixation in a tangible medium of expression. Basically, you received federal copyright protection in your novel the moment you wrote it, either on paper, or upon saving it on your laptop.

Under the 1976 Act, copyright protection lasts for the life of the author plus 70 years, if you credit yourself as the author. However, if you publish the novel anonymously or pseudonymously, copyright protection will last 120 years from creation or 95 years from publication, whichever occurs earlier.

You might want to consider registering your work with the Copyright Office. Registration is fairly easy and it is a prerequisite to filing a copyright infringement action and a prerequisite to being awarded statutory damages or attorney fees. You can wait until someone infringes your copyright then register it and bring suit, however, the statute requires you to have registered the work prior to infringement in order for you to have the option of seeking statutory damages or attorney fees.

This is for informational puposes only and should not be construed as legal advice or forming any attorney client relationship.
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Reputation Level 20
Here's the link tto online copyright registration: http://www.copyright.gov/eco/, and see the link below.

As the other response noted, you have a "common law" copyright from the time you create the work. But to register the work, you have to file a form and pay a fee to the U.S. Copyright Office.

As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Reputation Level 17
Copyright is a bundle of rights that are yours AUTOMATICALLY when you create an original work of authorship and fix it in a tangible medium of expression. Your novel is an original work of authorship (unless you plagiarized it) and by writing it you fixed it in a tangible medium of expression.

You get some additional rights when you register the work with the Register of Copyrights at the Library of Congress. You can do that here:

http://www.copyright.gov/register/

Good luck. I'm not licensed to practice law in California so don't take this as legal advice, but simply as information based on general principles of law which is intended to educate. If you need legal advice, please consult a lawyer who holds California licensure.

Reputation Level 3
The answers posted are incomplete, but the answers to your specific questions are generally accurate: The length of the copyright is 70 years after the death of the author; and you register a copyright at the Copyright Office. Here's the link to the on-line form for registering the copyright: http://www.copyright.gov/eco/

What was incorrect: there's no longer anything called a "common-law" copyright for newly created works. The Federal scheme of copyright is the only scheme in the US. And, because it is a Federal law, there is no California law on copyright.

It is true that you have a copyright as soon as you create a work, but it is a Federal copyright. But, since you wrote a novel, I assume that you plan to publish it. You should definitely register the work with the Copyright office at the link I gave above. It's very easy to do yourself and the cost is only $35.

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