Summary of "Should Authors Copyright Their Manuscripts Before Sending Them To An Editor (With A Lawyer)"

Summary

The video features Tony Leus, an IP and entertainment lawyer and professor, discussing the importance of copyright registration for authors before sending manuscripts to editors. He emphasizes legal protection and strategic risk management for authorship.

Key Business-Specific Insights

Strategy & Risk Management

Authors should register copyright for their manuscripts before sending them to editors to create a legal “security blanket.”
Registration is essential for enabling a copyright infringement lawsuit; without registration, infringement claims cannot be pursued under U.S. law.
Registered copyright allows authors to claim:
- Statutory damages up to $150,000 per infringement
- Compensatory damages such as legal fees and lost royalties
Registration costs about $50 and protects the work for the author’s lifetime plus 70 years.

Operational Process

Copyright registration is generally fast and streamlined (1–4 months) if the manuscript contains no third-party content or co-ownership issues.
Authors should consider registering the initial draft and potentially the final draft if significant edits are made.

Framework for Copyright Registration Relative to Edits

If edits to the manuscript are minor (up to ~30%), re-registration is typically unnecessary.
If edits are substantial (above ~50%), the manuscript may be considered a derivative work, requiring a new copyright registration.
This framework helps authors decide when to invest in additional copyright registrations to maintain protection.

Legal and Business Implications

Having registered copyright gives authors leverage if a publisher or editor tries to use their manuscript or ideas without permission.
Protecting intellectual property upfront supports long-term value creation and monetization of the author’s work.
The process aligns with best practices for intellectual property management in creative entrepreneurship.

Marketing & Community Engagement

Tony Leus promotes his brand as the “IP Professor” across Instagram, YouTube, TikTok, and a weekly podcast, building authority in IP law for creatives.
The channel encourages audience interaction with Q&A, fostering a community focused on legal and ethical publishing practices.

Actionable Recommendations

Authors should register copyright before sharing manuscripts with editors to safeguard their work.
Monitor the extent of manuscript edits to determine if a second copyright registration is warranted.
Use copyright registration as a strategic tool to protect against infringement and maximize legal remedies.
Engage with IP legal experts to clarify rights and protections in publishing contracts and collaborations.

Presenter: Tony Leus – IP and Entertainment Lawyer, Professor at New York Law School, known as “the IP Professor” on social media platforms.