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I am lightly horrified by how many people have now looked up their books and found out their publishers (who often were required contractually!!!!) just... didn't register the copyrights on books. Not all of them! Just sporadically! This is not just one publisher, I've seen all the big ones now.

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Yes, although I'd imagine most authors with trad are agented, and I would think it's an agent's responsibility to hold the publishers accountable for a pretty big breach of contract. Either way, I was stunned to find this out.

I mean my agent made sure they were obligated by the contract to register our copyright, but I am never going to blame her for thinking they would just not do it. However she is certainly handling it now that she knows.

Did you see that *Suz Brockmann* found out *Random House* hadn't bothered to register copyright on some of her bestsellers? If they can't be bothered to get it right for a major money-making author, there have to be a lot more people with ugly surprises in store.

With probably less than zero inside knowledge I assume that there is simply not a system for this in publishing houses and it's just ad hoc registration for every book as that would explain how so many books slipped through and the bizarre patterns

Honestly even if you guys could just alert your membership to check? At this point I'm still trying to figure out how to get the word out because every time someone new checks, it feels like 80% of them have at least one missing, and I'm talking from the big 5.

Yep. My books with Swerve/St. Martin's Press - not done. Agented as well, so everyone fell down on the job there. Others, but the publishers are out of business, so nothing to be done there. Just reinforces my decision to go full indy was justified.

The implications (for those who do not understand why we're all suddenly freaking out) is that in the US, if you do not pay the fee to register your copyright, you do not have the same legal protections. @courtneymilan.com did a good thread about this but tl;dr: it impacts the AI lawsuit a lot.

This is surprising to me (as an author whose work was used illegally by anthropic, and also whose work is apparently not copyrighted). It flies in the face of “conventional wisdom” which says the mere act of publishing something copyrights it. Is there really legally no argument to be made here?

all of my APub books are there, but I'm honestly not surprised. for all the issues with the company/owner as a whole, my experience with APub has been that they run a tight ship and have pretty reliable workflows!

(because this is getting more attention I'm going to add: maybe there is some esoteric way that all of our books are registered but you just can't find them in the database--I don't know HOW, I was a dba & searched every possible way I could imagine them being misregistered--but it is POSSIBLE?)

(however if you can not find your book in the database it is probably a good idea to reach out to your publisher and ask them if/how they registered it!!! you will need to know if you want to engage in that settlement!)

Foreign books and foreign authors don't need to register in the United States to take action in the U.S. courts. “Congress removed foreign works from Section 411(a)’s dominion in order to comply with the Berne Convention bar on copyright formalities for such works.” Fourth Est., 586 U.S. at 306–07

Yes, please understand that this says “foreign works” and not “foreign authors” and if you read the actual statute implementing it, it is clear that your reading is incorrect.

there’s really no excuse for this kind of failure, too, because the process of registering a copyright is fairly simple compared to, say, a patent. I had to draft a copyright application for a class assignment and it’s pretty straightforward. Unacceptable bs from these publishers.

it’s so disappointing to know publishers are treating their authors so terribly and failing to uphold aspects of contracts that have these kinds of consequences, particularly in the LLM era. you all deserve better.