Overview
Look no further than #BookTok or #Bookstagram, and it is clear that beautiful books are having a moment. Special artwork, foil jackets and sprayed or painted edges are all the rage. Those seeking custom bindings can turn to myriad storefronts on Etsy, and book lovers can re-cover their existing libraries with covers from sites such as Juniper Books. A recent article in Publisher’s Weekly credits both the “meteoric rise of the romance and romantasy genres,” the popularity of subscription book boxes, and—of course—social media with sparking this trend. So as not to miss out, publishers (indie and traditional alike) are increasingly releasing limited editions. Notably, publishers are not only repackaging cherished best-sellers, but they are also pushing out decorative first print runs in support of buzzy new titles.
What does this mean for your copyright applications?
If you publish in print, you are required to mail in two print copies of your book along with your copyright application. It is not sufficient to upload an electronic copy unless you have only published e-versions at the time of filing.
Moreover, it is not enough to submit just any print copies; rather, to satisfy the letter of the law, you must submit copies of the “Best Edition.” If there are multiple print versions for a given title, various characteristics will inform which is “Best.” For example (and without limitation):
- Hard cover is better than paperback;
- Library binding is better than commercial;
- Trade is better than book club;
- Slip-cased is better than not;
- Special edition is better than not;
- Limited edition is better than trade; and
- Illustrated is better than unillustrated.
Generally speaking, the highest quality edition will be considered “Best” and certain criteria carry greater weight; for example, paper quality is more important than the nature of the binding. Nuances aside, if you have published a special edition of a particular title by the time you apply to register your copyright, there is a good chance that it is the “Best Edition.” If this raises concerns, it is possible to seek special relief from this requirement by petitioning the Copyright Office.
Even if you have already registered your book by the time you release a special edition, there may be reasons to register the new version, too. For example, if you have added bonus chapters, illustrations or annotations, it may be prudent to file to ensure that those new aspects are covered.
If you have questions about copyright registration practices and strategy, you should seek the advice of a qualified professional. Our team is here to help.
Professionals
Lauren Emerson
Partner
