Legal Tips for Self-Publishing: Protect Your Dreams, Avoid Legal Nightmares

Hello, my people! Let's dive into some legal tips for self-publishing.

I needed a refresher on this topic, for sure. I've been self-publishing my books for 7 years, and one thing about me is if a process isn't broke, I won't fix it. However, I've recently realized just because the self-publishing platform and process I've always used works, doesn't mean I shouldn't look into and be open to an upgrade. Times change, we change, our goals change. And what was working may have been good enough at first, but now I want something that does more than just work for me. I want to elevate. A word. So, in my research for determining a new self-publishing platform to utilize and how to go about releasing my newest book, I refreshed myself on the legal matters of self-publishing and wanted to report back and share legal tips for self-publishing I came across and greatly appreciate.

*This post may contain affiliate links, which means I may receive a small commission if you make a purchase through a link! This helps me provide more content for you, & pay my bills.*

First off, I am not an attorney and this post does not include legal advice.

I am just sharing information with my fellow writers going about sharing their art in similar ways, for you all to look into further and do your own due diligence. Consult a legal professional, get cracking on your own additional research, and ultimately do what you believe to be best for you.

Two Major Pieces: Copyright & ISBNs

When it comes to protecting our work as writers, the best thing we can do is maintain as much control as we can. There are so many pieces of this puzzle, especially with self-publishing. So, to keep this as simple and painless as possible, I'll just go over the two pieces I believe to be the most important, interesting, and even accessible: Copyright and ISBNs.

Related Post: Traditional Publishing: Why I Want to Try it & My Journey Towards It

Copyright

Let's define copyright, straight from copyright.gov: Copyright is a type of intellectual property that protects original works of authorship as soon as an author fixes the work in a tangible form of expression.

Now, while we know copyright's role in protecting our art, some of us may not know the ins and outs of how it is applied and upheld. Thankfully, most countries are signatories of the Berne Convention for the Protection of Literary and Artistic Works (you can confirm your country is a signatory here). The Berne Convention for the Protection of Literary and Artistic Works was held in 1886, and states that "copyright automatically exists from the day a creative work is available in tangible form (for instance when it is recorded, or written down).” Basically, once you create what you create, you are automatically given the means to control how your work is used, by whom it is used, and on what terms it is used. Your identity as the creator of said work is automatically protected.

However, while there may be no requirement to register a copyright in order to receive that protection, if a situation were to arise where you need to prove you are the creator of your creation, a registered copyright will make that process a lot smoother, quicker, and less expensive. So, it all comes down to what level of peace of mind you require for yourself.

In order to register a copyright, you must fill out an application and pay a mandatory fee. You can find more information on the U.S. Copyright Office's website here.

Also, you know how most books have a copyright page (I've never seen one without it)? Well, they aren't mandatory like I always thought they were. However, it is strongly recommended (and I, personally, would never publish a book without one). The copyright page is where you include your copyright notice/year, Reservation of Rights, any applicable disclaimers and other important information, including your ISBN and publisher information.

Speaking of ISBNs and publisher information...

ISBNs

International Standard Book Numbers (ISBNs) are required for every book that is to be sold commercially. A different ISBN is needed for every version of the book available (paperback and hardcover, but not required for eBooks!).

The platform you are using to self-publish your book may offer ISBNs for free, and you have the option of purchasing your own. On the topic of doing everything you can to protect your work and your identity as the creator of your work, you may want to consider purchasing your own. I say this because whoever purchased the ISBN for your book is considered the publisher. The publisher is also often the copyright holder and maintains the rights to the book. Buying and using your own ISBNs places your names in these important fields. So, as mentioned earlier, should a situation arise where you need to prove yourself as the creator, moves like this help your case. If this is important to you and you have the funds, look into it! A pack of ten ISBNs can be purchased from Bowker (US) for $295.

Related Post: The Best Advice About Writing a Book You Will Ever Receive

Additional Resources

If you found this article helpful and want to look into additional actions you can take to protect your work and rights as a self-published author, I recommend this amazing article by Victoria Klein, the VP of Productions for Paper Raven Books. Victoria provides so much insight about ISBNs and their importance in maintaining your legal rights and as much of your profits as possible as a self-published author.

Also, check out Self-Publisher's Legal Handbook by Helen Sedwick. I have the first edition released back in 2014, but Helen has since released a second edition in 2017 stated as "an updated guide to protecting your rights and wallet". Helen is both an author and business attorney and the information in the first edition is elite, so I'm sure the second edition is also amazing.

If this article was helpful, please be sure to share it with a friend and leave a comment! Wishing you all a smooth writing process, from beginning to end. Let's all continue to share our stories.

Until next time, aew