Once upon a time, authors were responsible simply for writing.

Nowadays, the job of an author includes not just writing, but promotions as well. 

And if they’re self-published, they are also responsible for the various jobs that editors, designers and publishers do, whether they are doing them themselves or contracting the work. 

It is important then to understand what your book requires and what you as an author ought to be doing to protect your work. 

With that in mind, let’s look at the copyright versus the trademark. 

• What is a trademark? It is a word, phrase, design, or a combination of these that identifies your goods or services and distinguishes them from others. It is the legal protection for that word, phrase, design or combination from being registered by others without permission or preventing others from using a trademark that is similar to what you have.
• What is a copyright? It is artistic, literary, or intellectually created works, such as novels, music, movies, software code, photographs, and paintings that are original and exist in a tangible medium. A copyright protects the creative’s right to reproduce, distribute, and perform or display the created work, and prevents others from copying or exploiting the creation without the copyright holder’s permission.¹

Once an author writes a book, it is their IP—their intellectual property. However, for further protection, the work can be registered with the US Copyright Office and a certificate can be issued. 

I spoke with an author recently who had signed on with a publishing company that offered various packages for the publication of their work. The package they paid for included protection, but it came in the form of a trademark. As the author had not provided a manuscript (only a sample) nor expressed a desire to brand their non-fiction book into something further such as a program, the trademark was useless for them. What they needed was a copyright. 

Authors have options to publish. If they opt to go with a hybrid publisher (where the author pays for publishing services in exchange for a larger share of royalties), it’s vital that: 

1. A contract is laid out with the scope of work expected from the publishing company and an exit clause for the author. 
2. Before signing, the author should have an attorney or someone familiar with the industry review the contract. 

The difference can mean wasted money and a lot of frustration versus moving you closer to your goal of becoming a published author. 

If you have any questions about this or the industry, drop me a line. I cannot offer legal advice, but I would be happy to share my expertise with you. 

1. Trademark, patent, or copyright. https://www.uspto.gov/trademarks/basics/trademark-patent-copyright ↩︎