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BartEsq
BartEsq, Researcher
Category: Intellectual Property Law
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Experience:  Juris Doctor
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Hi,

I am planning to register my art work and a serial newsletter with the copyright office. At this point, nothing is yet "published": no "copies" have been distributed of the original works except in internet-form (which doesn't qualify??). However, I do plan to sell hard copies of my work for distribution in the very near future, via newsletters and websites.

My first of two questions is, if I register my work as UNPUBLISHED--before I make those hard copies--what advantages and/or disadvantages are there in re-registering it as PUBLISHED? The copyright office would not answer that, but directed me to an attorney.

The reason that I am considering registering my work BEFORE it is published is, of course, to protect it, as not all my work (like portraits) will ever be duplicated, and some of my work has already been posted on the web (which I'm not doing anymore). In addition,I'd rather not send two copies of each work to the Library of Congress--which only increases my exposure to design pirates watching what comes down the copyright pipeline (??).

Which leads me to a second question: What are the pros and cons to using a pseudonymn for both claimant and author (or one or the other)? While those Library of Congress pirates don't give a hoot what my name is, I would like to stay outside the radar screen from those who know me from the art academy. These are my primary competitors, and since I have cracked some artistic nuts, so to speak, that they haven't, I'd like to keep invisible for a while. I'm thirty and need a few more years to give me more of a running start.

I researched one artist on the copyright records and from my home computer I could not access any images. Would this be the case for my images too?

Maybe if I register my work as unpublished, using a psuedonymn becomes less necessary (?).

You see that I'm all tangled up about this, and if you could lend some legal wisdom to my self-protection issues, I'd appreciate it.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  BartEsq replied 1 year ago.

BartEsq :

Welcome! Thank you for using JustAnswer.

BartEsq :

Give me a minute to get your information together.

Customer :

ok

BartEsq :

Ok, this is a publication form the IRS on duration of copyright.

BartEsq :

You dont need to reregister your copyright from unpublished to published.

BartEsq :

But the life of your copyright is contingent on publication.

BartEsq :

So for an unpublished work, you get a little bit longer protection. Once you publish the work, you have a published work time frame. So that is the only difference between published an unpublished.

Customer :

Ok

BartEsq :

As far as using a different name, that doesnt effect much except your privacy, totally up to you.

Customer :

But might registering my work as unpublished reduce my libary of congress exposure?

BartEsq :

What do you mean by exposure?

Customer :

exposure to search engines

Customer :

The copyright official said something about that, I can call again.

BartEsq :

I see, they are talking about the copyrihgt search database, not like google. Unpublish would have less exposure within the copyright data base. Thank you for the positive rating. Please feel free to follow up if you need anything further.

BartEsq, Researcher
Satisfied Customers: 1506
Experience: Juris Doctor
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