Monday, November 19, 2012

Technical Writing - What's a Copyright and How Long Does it Last in Technical Documentation?

There'll be many times when as a technical writer you'll be using text and images created by others. In order not to violate anybody's intellectual property rights, you need to know the different types of copyrights that exist (at least in the United States).

The standard copyright is expressed either with the word "Copyright" or the universal copyright symbol "©" (letter "c" inside a circle). Best information on U.S. copyrights is available at U.S. Copyright Office (at copyright-dot-gov).

The interesting thing about a copyright is that an original intellectual property, like this very article for example, has copyright protection the minute it is created. However, if there were a law suit, those technical documents officially registered with the U.S. Copyright Office has a better chance of winning the case. Copyright registry is voluntary but is the only sure-fire way of claiming ownership of an intellectual product.

Technical Writing - What's a Copyright and How Long Does it Last in Technical Documentation?

In general, copyright of a technical document created after January 1, 1978, lasts as long as its author is alive, plus 70 years after his or her death. For example, if someone registers a user manual with the U.S. Copyright Office on January 1, 2009 and then dies in 2010, the work would still be copyrighted until 2080.

Once you copyright-register your technical document, you do not need to renew the registration again.

One thing you should know as a technical writer: all text and images created and owned by the U.S. government have no copyrights for the U.S. citizens. They are in "public domain." Why? Because if you're a U.S. citizen, you have already paid for it through your taxes. But still you have to be careful not to use public domain work in a libelous manner.

NOTE 1: If you're a technical writer working for a company, the copyright of the work you are creating almost always belongs to the company and not to you as an individual writer.

NOTE 2: All the information quoted in this article was correct when the article was written in December 2008 but it may have changed by the time you're reading this. Please consult copyright-dot-gov and your attorney before making a decision on all copyright matters.

Technical Writing - What's a Copyright and How Long Does it Last in Technical Documentation?
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