Should I copyright my Master's thesis?

May 3, 2005 10:05 PM

Should I copyright my Master's thesis?

It's now or never. Proquest handles everything quickly and efficiently, including publishing- making it available to anyone with interest and cash. I don't really care about the $4 in royalties I'd probably make in my lifetime, but I just can't decide what to do. Dissertations are usually required to be copyrighed, but theses are not. Most people have said: "Just put a copyright notice on there", but something has to be submitted to the Library of Congress (microfiched!) in order for the copyright to hold up in courts... According to the information I have, once it is published, I can't publish it again unless I get it copyrighted now, or the work is significantly altered. Portions could definitely work as a regular book... For some reason, I'm really torn up over this.

posted by maya to education (13 comments total)

First off, you're in the U.S., right? (Hence the mention of the LoC?) It's my understanding that you automatically own copyright on a work once it's been fixed in "tangible form". This has been true since the US became a Berne convention country.

There are various things you can do to make it easier to defend a contested claim, etc., but the basic right is there with no extra action on your part.

IANAL.
posted by hattifattener at 10:14 PM on May 3, 2005

I'm not a lawyer, but I am a law student.

Copyright inheres without even needing a copyright notice. 17 U.S.C. 102:

Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

See also 17 U.S.C. 407, which deals with depositing copies in the Library of Congress:

Neither the deposit requirements of this subsection nor the acquisition provisions of subsection (e) are conditions of copyright protection.

posted by willbaude at 10:21 PM on May 3, 2005

The question isn't whether you want to copyright the masters thesis (this happens automatically the moment you write something), but whether you want to register the copyright. See here for some information about this. In particular, you can register a copyright at any time in the life of the copyright (which is quite a while, these days). There are some benefits to registering now, but they mainly amount to things like if you sue and win, you may be able to recover attorney costs. (I have absolutely never heard of this being an issue to the point of lawsuits for academic writing, but perhaps I am in too small of a field.) Also:

According to the information I have, once it is published, I can't publish it again unless I get it copyrighted now, or the work is significantly altered.

I'm afraid I have no idea what this means. Like I (and on preview, others) said, it is copyrighted the moment you write it. Most fields have an academic standard whereby you don't publish the same material twice (i.e. two very similar journal articles) but these are not legal rules - just ones that impact your reputation. I can't see any reason why not registering the copyright now would prevent you from publishing it once as a masters thesis, bound by your school, and once as a book (which is what I assume you must mean). Especially since you can register the copyright any time you want.
posted by advil at 10:27 PM on May 3, 2005

(just to clarify - the academic standard I referred to does not object to publishing your dissertation as a dissertation bound by your school, or distributed on the web, and later as a book - this happens all the time. It's more about not misusing peer-reviewing resources.)
posted by advil at 10:29 PM on May 3, 2005

I guess I shouldn't have listened to the Dean (he's an economist). Thank you, willbaude.

From my paperwork:

"Written work that is not copyrighted at the time of its first publication cannot be copyrighted at a later date for the purpose of appearing in another form, unless the original has been thoroughly and completely revised so as to result in a substantially new work... [I]n order to litigate in the case of infringement, the author needs the legal registration in Washington, D.C."

Thanks for your comments... I'll address the discrepancies with the Dean.
posted by maya at 10:39 PM on May 3, 2005

(the dean is partly right in that you need copyright registration to litigate in the case of infringement in the US - see the copyright FAQ I linked above, which also has the forms to register it yourself.)
posted by advil at 10:52 PM on May 3, 2005

You must register your copyright before you can bring suit, but you can register after your copyright has been infringed, then bring suit. But it's so easy and cheap to register a copyright, you might as well.
posted by kindall at 11:29 PM on May 3, 2005

Your paperwork is totally wrong, as others have pointed out. Under the Berne convention your work is copyrighted as soon as it is you save it on your computer.

But there are advantages to early registration:

• If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
• If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

This is a gamble. If you consider it at all likely that anyone will ever infringe your copyright, then pay the $30 and register. If you don't, you can always register later, you just won't get as much in damages.

I wouldn't do it, unless you think your master's thesis is a lot more important than the average master's thesis.
posted by grouse at 12:08 AM on May 4, 2005

As I understand it (caveats: Canadian, more familiar with copyright law as it applies to music anyway, and IANAL), one doesn't need to register copyright in order to sue for infringement, so long as one has faily substantive proof of authorship (including time of said authorship).

There's always 'Poor Man's Copyright Registration.' Seal your thesis in an envelope, and then in another. Mail that one, via registered mail, to yourself. Deposit with a lawyer, a friend, or in a safety deposit box. Voila.
posted by dirtynumbangelboy at 12:54 AM on May 4, 2005

There's always 'Poor Man's Copyright Registration.' Seal your thesis in an envelope, and then in another. Mail that one, via registered mail, to yourself. Deposit with a lawyer, a friend, or in a safety deposit box. Voila.

This unfortunately has no legal standing whatever. Registration is what is required.
posted by kindall at 5:25 PM on May 4, 2005

Well, it has no more legal standing than the initial act of putting pen to paper (or fingers to keyboard). But the datestamp on that envelope is a good way to prove copyright ownership through authorship.

But, seriously, if you're worried, and it's as cheap as people say it is, then knock yourself out.
posted by sachinag at 7:20 PM on May 4, 2005

It doesn't have legal standing in the sense that full registration does... what it does do--and will stand up in court, at least against a record label--is provide proof (depending on how carefully you record the dates, and provide tamper-proof packaging) of date of creation.
posted by dirtynumbangelboy at 8:36 PM on May 4, 2005

Registered mail is expensive, and you don't need it for this technique. More like certified mail.

But her master's thesis is going to be published, which is far more proof of a date of publication than some postmarked envelope, which is easy to call into doubt. There's absolutely no reason to send a copy of something that will be published to yourself.
posted by grouse at 8:08 AM on May 5, 2005