Legal Question in Intellectual Property in California

I attempted to copyright e-books I wrote. here is the answer I got

from the Copyright office

"if merely a digital edition? that is not copyrightable"

Is that true ?? If so I could buy e-books on Amazon and resell them, it does not make sense.

Thank you


Asked on 10/31/12, 4:34 pm

3 Answers from Attorneys

Jim Betinol Withrow and Betinol Law

That is ridiculous! I have never heard this excuse before. You absolutely can register your book even in digital form.

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Answered on 10/31/12, 4:39 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

In order to be copyrighted, your creative work must be reduced to a tangible form, A purely digital book, existing in your computer's memory, cannot be copyrighted. Print it out. That satisfies the tangible requirement. Then submit the print-out for copyright.

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Answered on 10/31/12, 5:43 pm
Keith E. Cooper Keith E. Cooper, Esq.

The Register of Copyright has the discretion to make rules for what can be copyrighted, and the clerks reviewing copyright applications make determinations based on those rules. If your registration was for a book and was presented in a tangible medium of expression--something that can be observed by a human being, even though it may require the aid of a machine or device--it should be copyrightable. If you used the right form (double check that you did) and submitted a copy with your copyright application, it should have been registered unless there was another reason why it could not be. The copyright office now prefers that registrations be done online and that copies be submitted as pdf files. If you did that, then you should appeal the denial. (Usually, when applications are rejected, they will give you the reason why along with the name and phone number of the person making that determination.)

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Answered on 11/03/12, 5:48 pm


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