CopyrightTips from experts* at CopyrightsNow.com
Can one copyright protect your text, illustrations and photos?
The answer depends on who owns the rights to each element.
Copyrights can be confusing – especially if you have content elements in your book created by different creators or authors.
If you own all rights to the story (i.e., text) and illustrations, art and/or photos and they are packaged as one Work, then you can protect these elements on
one copyright application as your ‘Author Contribution’ (see Fig 1).
Fig 1: Sample screenshot of Author Contribution for ‘Text’, ‘Art’ and ‘Photos’
However, if you only created the story (i.e., text) and used illustrations, art and/or photos or stock-art in the book, book cover or sleeve from other sources, then your ‘Author Contribution’ would be ‘Text’ and the illustrations, art and photos would be listed as ‘Pre-Existing 3rd Party Material’ (see Fig 2).
Fig 2: Sample showing Author Contribution of ‘Text’ only
If you also contributed some ‘Photos’ and used a ‘Stock Photos’ for some, your ‘Author Contribution’ should indicate ‘Photos’ referring only to your photos. Since some illustrations and/or photos included in the book were created by other entities (i.e., illustrator, artist, photographer, or stock-art) then you need to limit your copyright registration by excluding these other contributions as ‘Pre-Existing 3rd Party Material’ (see Fig 3).
Fig 3: Sample screenshot showing ‘Limitation for Pre-Existing Material’
There is also a concept called ‘Work-for-Hire’ where you commission another party for certain creative elements (i.e., text article, photos, illustrations, sound recording, etc.) to use in your book, e-book, audio-book, or as part of a motion picture or audiovisual work.
Under a ‘Work-for-Hire’ agreement, you as the contracting party would own all the rights to the work – even though you did not create it. The agreement should be in writing and should clearly state it is a ‘Work-for-Hire’ contract with all rights being owned by you – as the commissioning entity.
With ‘Work-for-Hire’ agreements, you would treat these other covered elements as if you created them yourself – and list them as your contribution (see Fig 1) and also select ‘Yes’ for ‘Work-for-Hire’ (see Fig 4).
Fig 4: Sample screenshot showing ‘Work-for-Hire’ selection
It's important to note that not all types of work are considered ‘Work-for-Hire’. For example, works created by independent contractors, such as freelance writing, illustrations, art, text, editing, narration, etc., are typically not considered ‘Work-for-Hire’ unless there is a written agreement to the contrary indicating that the commissioning party owns all rights to the work.
To copyright other creative elements, which are created and owned by a 3rd party entity, such as illustrations, art, photos, etc. you would use separate copyright registration(s) for each copyright owner (i.e., Claimant).
Sound confusing? Rest Easy… By using a copyright preparation tool like CopyrightsNow®… the system edits and validates your application with AI algorithms… and each application is reviewed by a Specialist to minimize potential issues which may cause USCO to reject your application.
CopyrightsNow® also provides On-line HELP for each screen with detailed data element descriptions and ‘Use-Case’ procedures.
For more information on copyright registration and ‘Work-for-Hire’, see: https://www.digi-rights.com/drights/blogs/Blog_04a_Work-for-Hire.pdf
To start your copyright registration protection, click to learn more!
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* The information contained in this post and software application are believed to be accurate at the time of publication; however, copyright regulations change and subject to various interpretations… so always consult with a personal attorney for legal advice.
DISCLAIMERS: Neither Digi-Rights Direct LLC nor its Affiliate Partners or Service Providers are attorneys and we do not provide legal advice regarding copyrights and licensing, and we are not liable for any damages resulting from reliance upon statements and tutorial material.
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