I wrote a book of poems for someone and later found out they published it for profit. Am I protected by copyright laws?

Question:  After the death of my father seven years ago, I wrote a short book of poems about my dad and gave it to my mother.  Mom died last year.  My sister somehow ended up with the book.  I just found out that she sent it to a publisher who has agreed to publish and market the book and give her the money.  My sister says that since I never published the poems, I don’t have a copyright and she can do this.  Is she right? 

Answer:  No, your sister is not right.  She– and her publisher– will be liable to you for copyright infringement if your poetry is published without your permission.  Your sister is apparently still in the pre-1978 world of copyright law when “publication” with a notice of copyright was required to secure copyright protection.  That changed with passage of the Copyright Act of 1976.  Since then there is no requirement of publication to receive copyright protection for an original work.  When you recorded your poetry on paper you automatically obtained and, unless you transferred it in writing to someone else, you still own the copyright in that work.   Giving the book of poems to your mother did not transfer the copyright to her.  I assume that you did not put a notice of copyright on your book, either the traditional symbol © or the full word “Copyright”.  No matter.  While use of copyright notices can be very useful in putting the public on notice regarding a copyright, no notices are required for your copyright to be valid and enforceable.

Copyright law is complex and copyright infringement can be a serious legal matter. Consequences of infringement can include payment of damages and attorney fees.  You should immediately contact an attorney specializing in intellectual property law to properly represent you in enforcing your copyright, which may include a lawsuit against your sister and the publisher.

Answered by Duane Stamp

Additional Resource: Copyright FAQ

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