Q: Can I file for copyright under a pseudonym?
A: Yes. An author is allowed to use a pseudonym for a copyrighted work, though the pseudonym in and of itself is not copyrightable. You can either be identified in Copyright Office records under your pseudonym, or under your legal name. If you would like the records to show your legal name and pseudonym, you must include both in your paperwork. If you don’t wish to have your legal name show on copyright records, list your pseudonym and identify it as such. If you identify your legal name on copyright records, it cannot be erased and is accessible in public records.
Q: I work for a magazine. I wrote a piece on my computer at work but it never ran. I'd like to submit it as a freelancer to another publication. Who owns the copyright?
A: If you are an employee, most likely the magazine owns the copyright, especially if the article was assigned to you. Whether or not it ran in the publication should not matter. The magazine may choose to run it at a later date. It is probably written in your contract that the magazine owns all rights to that type of work.
If you are an independent contractor or freelancer who comes up with articles to pitch to different magazines, you own the copyright. When you sell it to a publication, you are selling the right to publish it, usually for a certain amount of time, in a specific location (like North America), or language. If a magazine purchases “first serial rights,” for example, the ownership reverts back to you once it has been published. You could then sell it to a different magazine if you wished. If the magazine buys “all rights,” that means it has the right to publish your piece as many times as it wishes, or to sell or license the rights to other entities. It is generally not the best deal for a writer to sell all rights.
Sources: Copyright Examples & Explanations, Second Edition. Stephen M. McJohn (Ch. 7); http://www.yudkin.com/flfaq.htm#II
Q: My friend wrote a novel that was totally inspired by ideas that we previously discussed. Do I have a copyright claim against her?
A: You cannot copyright ideas. So unless you had these ideas written or fixed in a tangible format, or had some sort of nondisclosure agreement with your friend, you have no claim.
Source: Copyright Examples & Explanations, Second Edition. Stephen M. McJohn (p. 78); http://www.mbbp.com/resources/iptech/protecting_ideas.html
Q: I really love this poet's unique style of writing. Can I write a collection of poems using the same style as long as I don't copy the exact words?
A: Sure. According to §103. Subject matter of copyright: Compilations and derivative works, a work must be original—but not entirely or even mainly so as long as the author has added something of his or her own. Generally a court would consider a work original not based on how much content or style was copied from another author, but rather if there was something creative and original added. In fact, most literature is based upon the style of previous authors’ work.
Source: Copyright Examples & Explanations, Second Edition. Stephen M. McJohn (pp. 53-55)
Q: I compiled a selection of previously published essays on childhood psychology. I then wrote a paper analyzing my choices with commentary and put them together into one work. Which parts of my work do I own? (56, 57)
A: Copyright protection covers original elements of a work. Nonoriginal elements usually occur in instances of derivative works or compilations. Your paper probably falls under this category. According to 17 U.S.C §103, “the copyright in a compilation or a derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material.”
While you should certainly cite your sources in your work, it sounds like you are able to use the essays under Fair Use, as long as it is for educational purposes. (See the section on Copyright Basics on this site.)
Sources: Copyright Examples & Explanations, Second Edition. Stephen M. McJohn (pp. 56-57); http://www.copyright.gov/fls/fl102.html
Q: How does copyright apply to translations of previously published works?
A: Because translations are more than just copies, word for word, of a work into another language, they meet the criteria for originality. The translator must make choices regarding word and language use to accurately convey the message of the original work to new readers. So, the translator of an existing work into another language could claim rights to it. It is important, though, that the translator seek permission from the copyright holder of the original work before translating it.
Source: Copyright Examples & Explanations, Second Edition. Stephen M. McJohn (pp. 60, 68)
Q: I'm an editor. Are my changes to a work copyrightable?
A: It depends on your changes. If you are simply making corrections in grammar and punctuation, no. These are functional changes and do not alter the work enough to qualify as original. If, however, you make changes that require a higher level of creativity on your part and result in the work taking on a new meaning, that might be sufficiently original to qualify for protection.
Source: Copyright Examples & Explanations, Second Edition. Stephen M. McJohn (pp. 64, 73)
Q: Can I copyright my recipe?
A: If your recipe is just a simple list of ingredients for your favorite cookies, it is not copyrightable. If the recipe is accompanied by substantial writing which explains the ingredients or steps, or if you have compiled a number of your favorite recipes into a book, then your work would be protected under copyright law. Again, the issue of original elements in your work plays a large part.
Q: Is "fan fiction" a copyright violation?
A: It depends on the level of use. For example, elements such as stock characters or plots (“the sidekick; “boy meets girl”) are not protected by copyright. But some characters are copyright protected. Characters can be “distinctly delineated” in a work if the character can be separated from the work and easily identified. For example, Harry Potter as a character would likely be deemed original expression, and you could not use that specific character in fan fiction. This can also apply to original “worlds” created by an author. There is no clear law specifying exactly what kinds of fictional characters, names, worlds, etc. are copyright protected.
If you write a work of fan fiction utilizing copyrighted material, it may be considered a derivative work. But the bottom line is that the more detailed a character, plot, or world is in an original work, the more likely the use of those elements in fan fiction would be considered copyright infringement. The more you deviate from specific elements, the less likely you are to be infringing.
