As I design my first new book of the new year, perhaps I could subtitle this post "Happy New Copyright Year".

Luckily, copyright law has has changed over time. While I don't profess to be a lawyer, I am a publisher. I have had lawyers defer to my working understanding of copyright law. Truth in advertising... they were homicide trial lawyers.

Whenever I meet with a publishing client, the issue of copyright rears its head. "How do I copyright my book?" "Must I fill out and file a form?" "Should I protect my work?" The answers to these questions depend on the type of protection you wish for your work.

For works created after January 1, 1978, copyright protection extends for the life of the author plus an additional 70 years. For joint work, the term lasts for 70 years after the last surviving author's death. Anonymous and pseudonymous works and works made for hire have a term of 95 years from the year of first publication or 120 years from the year of creation, whichever expires first.

Since 1989, a copyright symbol © has not been required to protect a copyright. However, it does put people on notice that your work is copyrighted and weakens any "innocent infringements." Your use of the © symbol in your book is not dependent on registering your book with the U.S. Copyright Office.

You secure copyright automatically when you created your work. A work is "created" when it is fixed into a book, tape or electronic medium for the first time. For example, a song can be fixed in sheet music, a digital tape or both. I know of no legal precedent, but it would follow that illustrations or concepts sketched on a napkin at a cocktail party fall under copyright.

Registration with the U.S. Copyright Office is not required to secure copyright. However, enforcement of your copyright necessitates registering the copyright with the U.S. Copyright Office.

Here's where my feelings come into play. If you're publishing a genealogy book of (only) names, dates and places (no stories), copyright really doesn't matter. Strictly speaking, copyright does not cover these facts and figures. However, a book of family stories is a different matter.

If you're publishing a book that has "no commercial value", that is you are not relying on it for an income stream, claim the copyright but don't worry about filing with the Copyright Office.

I recommend filing the appropriate forms and copies of the work with the US Copyright Office (and possibly foreign copyright offices as well) if you are relying on your work for an income stream. Just because you sold 5,000 copies first does nothing to bolster your copyright infringement case if you never registered the copyright.

You can find the 12-page "Copyright Basics" PDF from the US Copyright Office here.