How do I protect my unpublished book while seeking a publisher?

I am looking to write a book for the first time. i need a publisher, but need some direction as to how to select one. first, how do i protect my writings until they are published? do i pay a retainer or does the publisher issue me an advancement? should i retain an attorney before i go to a publisher? my book is a collection of personal anecdotes on life. thank you for your help.

Dave's Answer:

This is a tough question to answer because at some level you just need to trust that publishers and agents are going to read and evaluate your work without ripping it off or otherwise stealing your intellectual property. Certainly you can and should copyright it.

You can also use "(C)" or "(c)" as your copyright symbol, but don't do anything goofy here, just a simple, plain straightforward copyright is best.

If you want to protect yourself more, you can apply to the US Copyright Office for a formal copyright, which will require that you submit a copy of the completed work to the copyright office, but does offer stronger protection in the eyes of the law.

Nonetheless, both of these are of limited value because precious few ideas are truly unique, and just because you sent in a collection of personal anecdotes and 18 months later the publisher came out with a different collection of personal anecdotes that seems to have a half-dozen stolen from you, doesn't mean that's what happened. For one thing, they probably saw fifty other proposals or manuscripts on the same topic, but more importantly, it's quite unlikely that the other author even saw a page of your own submitted manuscript.

Generally, publishers want to work with authors through agents for this, and many other reasons, and your agent will be able to advise you on how to protect your own intellectual property and how to find the balance between that protection and actually getting it published. Typically an agent works for a percentage of the value of the book (15% is typical) and any agent that requires a fee to review your manuscript should be avoided.

If your book is accepted then the publisher will often pay you an advance against future book sales royalties, but that advance is almost always paid in stages as you meet specific schedule milestones for the work. For example, you might get a $5000 advance, paid 25% on signing the contract, 25% on delivering the first half of the work, 25% on delivering the last chapter, and 25% on completing the edits and changes suggested by your development and copy editors.

Oh, that reminds me that just because you have what you think is a completed manuscript, it doesn't mean that a publisher would read it and say "let's go to press!". Much more likely is that they'll like the concept, the idea, the voice, etc., but still require that you make changes, edits and updates, often substantial ones, before it's ready for publication.

Anyway, hope that helps you figure this out. There are a number of books in the library and bookstores on how to publish your own book - it might be worth an hour to sit and read through one of those too. They'll have lots of good information on how to pick an agent and so on.

Categorized: The Writing Business (Article 7492, Written by Dave Taylor)
Tagged: book agents, copyright, publishing
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Comments

In copyright law, as soon as you have written something down (and you can proove the date) on any material (a napkin would qualify), it is copyrighted and you are protected against intellectual theft.

Posted by: Tristan Weisgal Wermus at August 5, 2007 10:54 AM

I HAVE WORKED FOR TEN YEARS ON RESEARCH AND I LIKE TO HAVE MY WORK PUBLISH. NOW VANTAGE PUBLISHER ASKED FOR A COPY AND A COPY WAS SENT AND THEREAFTER, I RECEIVED A OFFER BY MAIL. NONETHELESS, I LIKE TO SHOP FURTHER SINCE THEY WANT ME TO PAY 40% OF COST.... I RATHER INCREASE THE PUBLISHER'S SHARE OF ROYALTIES INSTEAD.... WHAT IS THE BEST WAY FOR ME TO SUBMIT MY WORK WITHOUT THE THREAT OF THEFT....
SUBJECTS: THE FIRST LIVING TRADEMARK: NANCY GREEN
GLOBAL COMMUNICATION, THE HISTORY OF THE PI, MARGARET SANGER, FLINSTONE VITAMINS WITH VITAMIN C... BUT DO WE NEED MORE?........
IN ADDITION I AM CEPO & FOUNDER FOR PRECISION AGENCY.... MY COLLEGE MAJOR: MASS COMMUNICATION

Posted by: Nancy M. Sain at March 3, 2009 2:38 PM

Hello Mr. Taylor,

I have an idea for a book, but feel it would be helpful to cooperate with a colleague when writing it. In presenting the idea to this person, how can I protect it just in case?

Thank you,
Tatiana

Posted by: Tatiana at September 27, 2009 6:30 PM

This is really, really bad advice. Not only that, but it's wrong too.

First, a copyright is owned by the writer the moment any creative work is put into a tangible form (ie: writing it down). There is no reason for you to say that you 'can and should copyright it', because the copyright is natural and happens the moment it is written. Adding a copyright notice to a document doesn't change or increase the value of the copyright at all.

The registration of the copyright is a completely different matter. Copyright registration is only necessary if there is to be monetization of the manuscript, that is, if it's going to be published. The publisher pays for the registration AFTER it is edited and is in its final draft form, so the best possible copy of the work is copyrighted. Registering a copyright prior to this point can really screw up the standard paperwork and contract that publishers have with authors.

The bad advice: Putting a copyright notice on every page of a manuscript while shopping it around to agents and/or editors is one sure-fired way of getting rejected. It's insulting to a real professional in the industry and it's annoying and irritating to see while trying to review a manuscript.

My advice, do your research and ensure the agent is legitimate and an AAR member. Follow the submission guidelines. It is extremely unlikely if an author does their due diligence in researching an agent or editor to ensure they are legit that they will get ripped off by anyone.

Posted by: Michelle L Devon (Michy) at August 4, 2010 10:28 PM

Hi. In one segment you recommended that a person put a (c) on each page of a manuscript but in another place you say that is a bad idea. Which is correct? Also, I am writing a book now. How do I protect my unfinished work? Thanks

Posted by: Rod Judy at August 12, 2010 9:48 AM

Hi again. I am writing an original story about well known characters from a tv show. As an example (not my story), it would be something like the life of young James T. Kirk. Do I need copyright permission to use these characters in my story? Someone told me that if a publisher was interested in my book that they would handle the copyright questions. Is this true?
Thanks,
RJ

Posted by: Rod Judy at November 22, 2010 11:16 AM

Hi,
I am currently writing a memoir and I would like to know how a person protects themselves from having their title ripped off? Not necessarily the content of the book, but the title. That's all I'm concerned about for the moment.

Posted by: Lorraine at February 11, 2012 12:48 PM

I have something to say, now that you mention it, but ...

I do have a lot to say, and questions of my own for that matter, but first I'd like to say thank you for all your efforts on this Web site by buying you a cup of coffee!

I do have a comment, now that you mention it!