QUESTION
Can I register copyright for a new edition of a previously published book that was not registered in order to protect it?
Asked on Aug 02nd, 2019 on Copyrights - Minnesota
More details to this question:
I self-published a book that has been infringed on. I placed a copyright notice in the book, but I did not register the book for copyright. Someone I know has copied the idea and is getting set to publish their book with a publisher. Before that publication happens, I would like to protect my original work for the purposes of statutory damages. It is too late for the original, since two years has passed. But I can add some substantial changes to my book and put out a new edition. If I copyright that new edition, can I avail myself of statutory damages? What is required for the changes to be considered substantial? Would a new paragraph in the introduction be enough?
1 ANSWER
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If your work is already published recently, then you can still apply for copyright registration. The deposit requirement changes for physical published books. You need to deposit a physical copy if it is already published in physical format. Therefore, you still have a priority. Copyright ownership has nothing to do with the registration. The two-year filing requirement is applicable for mask works and vessel designs. For statutory damages purposes, just file a copyright registration for the published work.
Answered on Dec 15th, 2019 at 2:19 PM