How to Copyright Digital Text

A copyright for digital text creates a barrier to usage by anyone but the creator or those who have received explicit consent. The key to understanding digital copyrights is that they cover both the usage of this material expression and its distribution to the public. As a writer or someone who values your intellectual property, you should understand how to gain a copyright for your digital text.

Difficulty: Moderate

Instructions

1. Appreciate "fair use" practices in copyright law. Federal copyright regulations allow the general public to utilize copyright-protected material in limited circumstances. Fair use involves excerpts or quotes of text for the purpose of news reporting, academic research or parody.

2. Consult with an intellectual property expert to gain a fuller view of the copyright process. The American Bar Association and major universities can connect you with pro bono or low fee legal assistance (see Resources below). While an attorney does not need to be involved in the application process, their attention to detail can be invaluable in building a successful copyright application.

3. Produce a sufficient number of deposit samples for the U.S. Copyright Office. Unpublished text or digital text printed first in a foreign country requires one original copy. Digital text used in American publications requires two versions of the most recent edition of the text.

4. Fill out the derivative work section on the copyright application if you are submitting revisions of currently protected digital text. This section of the form requires an explanation of the amendments to the previously covered document.

5. Organize multiple copyright requests into a single logical package. The U.S. Copyright Office strongly recommends sending multiple applications in a single package to save time. Applicants must keep the application fees, samples and applications connected to their appropriate supporting materials to avoid confusion.

Tips & Warnings

• Keep your options open for turning digital text into a magazine or periodical. The U.S. Copyright Office (see Resources below) has specific instructions for several kinds of periodicals. If your intention is to turn digital text into a recurring periodical, utilize Form SE.
• Understand the consequences of failing to register your copyright. Copyrights documented with the federal government ensure the legal validity of infringement lawsuits. Without copyright registration, an artist, writer or business cannot recoup attorney fees or damages from violators.

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