How do I manage the copyright in my own work?

Q – What do I have to do to get a copyright?

You do not need to do anything to have copyright protection in your original work; since 1989, copyright has been automatic, taking affect as soon as original work is fixed in tangible form. This means that text that is written in a word processing program, photographs that are taken with a digital camera and music that is recorded on an iPod, to take just a few examples, all have immediate and automatic copyright protection.

Q – Should I register my copyright?

It is not necessary to register a work in order to have copyright in that work. Registration, however, has several advantages. Registration is required before a copyright holder can sue someone else for infringement, for example, and the fact of registration is considered evidence of ownership and originality. If you plan to distribute your work to the public in any way and want to protect it from unauthorized uses, registration is a good idea.

Copyright registration is easy and inexpensive ($45). The Copyright Office webpage has all the instructions and forms that you need.

Q – Do I have to give my copyright to a publisher?

Not always. Academic publishers have traditionally required that authors transfer (or “assign”) their copyright to the publishers. But it is becoming more common for a publisher to accept a “non-exclusive license” to publisher your work. In that case, you would retain the copyright and be able to make subsequent uses of your own work without permission.

Even when you do transfer your copyright to a publisher, it is possible to retain rights to make certain uses of your work. It is important to read publication agreements carefully and to be ready to negotiate with publishers when necessary.

Q – If my publication agreement gives the copyright to the publisher, can I still use my own work?

Not necessarily. If you have transfer all of your rights to the publishers, putting your own work on a website or distributing copies at a scholarly conference, for example, might actually infringe the copyright, which is now owned by the publisher. This is why it is important to be careful about the publication agreement that you sign. Remember that these agreements are negotiable.

Q – What rights should I retain when I publish a work?

One thing many faculty want to do is to use their own work in class, even after it has been published. The right to reproduce and distribute your work for non-commercial educational purposes should be retained. Likewise the right to prepare or authorize derivative works like a new article based on previous scholarship, a collection of prior writings or a translation is valuable for scholars. Also, the right to post your article on a personal web site or to place it in a repository maintained by your institution or disciplinary organization is becoming increasingly important. Studies indicate that open access actually increases the visibility and citation of your work, so retaining the right to provide such access can be very beneficial.

Q – Can someone help me understand the publication agreement?

A member of the ScholarWorks Team will be happy to look at your publication agreement with you. Many such agreements already permit you to retain some or all of the rights we have discussed, and if yours does not, we can suggest ways to negotiate for those rights. Please contact us at copyright-questions@duke.edu to arrange a consultation.

You can also find more information on these issues, including some helpful links, at this page for faculty authors. For more information, contact scholarworks@duke.edu.