In the literary and publishing world present, as it could not be otherwise, the intellectual property rights that, as it is known, are born by the mere fact of creation.
But What Is the Registration of the Intellectual Property of a Book?
It is the right that the author has over his literary creations. This right is born with the act of creation and not by the registration of the work, however, it is essential to register them to reinforce the moral and patrimonial rights of the creator.
Legally, work is the property of its author and only they can dispose of it. This means that to have rights over their literary work, the writer doesn’t need to go through any procedure because registration does not give the right, it only reaffirms it.
What is the purpose of registering a literary work as intellectual property?
The main reason to register a literary work is to give greater security on the exercise and defense of the author’s rights. That is to say, the registration of literary works serves as a means of qualified proof before third parties in case of litigation about the authorship of a particular work.
Imagine, you have self-published a novel on Amazon, and one day you come across a novel practically the same as yours also on Amazon. You file a complaint, but the other author claims they are original. If at that point you can prove that you registered the work before in the Intellectual Property Registry, you can be confident that your authorship will be protected and acknowledged, since the Registry has an entry of your work registered in your name, with the date on which you requested the registration.
It is important to note that when we register a literary work, as when registering songs, what we register is the text as we have written and composed it and not the idea behind it because ideas cannot be documented.
When is it Best to Register the Work?
The best time to carry out this registration is when we are sure no further modifications will be made to the text. If, for example, you register your work when it is not yet finished, it will not be fully protected until the end, and someone could plagiarize or reformulate it later. Therefore, it is advisable to register it once the spelling, orthotypography, and style corrections have been made.
Requirements to Register a Literary Work
- The text must be completely original (this fact will be verified during the registration process).
- It must be expressed in any support or medium known or to be invented in the future.
- Indicate the number of pages or sheets, the number of volumes, and the format.
- If applicable, the legal deposit number.
- If it is a dramatic work, like a play or a script, the approximate duration is.
- Submit a copy of the work together with the completed application form.
Advantages of a Registered Book
- You will have an official title accrediting the ownership of the rights, which can be demanded by public administrations, publishing houses, production companies, companies, etc.
- The registration is public, that is to say, it can be known by anyone who consults the property registry.
- It is a way to prevent plagiarism or defend against it.
- It facilitates commercial activity when rights are transferred since the copyright holder can be identified through registration.
- In the case of co-authorship, future conflicts are avoided, since at the time of registration the percentages of ownership are reflected.
- It can be used to apply for subsidies or grants from public administrations.
- It is not necessary to renew the registration once it has been made.
- It is possible to mortgage copyrights in case of need when they are registered in the Registry.
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