QUESTION

Is it possible to copyright a partially completed work, so that you may post the progress on a personal website, also owned by you to show progress?

Asked on Jan 22nd, 2012 on Intellectual Property - Florida
More details to this question:
I would like to know if it is possible to copyright a work in progress. For the past several years I have been working on a Pen and Paper game, this is a social activity, think Dungeons and Dragons the most popular. But I digress, I just wanted to clarify. I am if I had to put a percent on it, about 60% done with the project, but I would like to be able to post it online safely (As safe as it can be) to be able to enact a public beta test. I own a website, that is registered to me. Am I able to copyright the body of the work that I have done as to protect terms, characters, fictional places, etc? For example, The Company Wizards of the Coast is able to post items from their products online, and while yes they are available for download anyone who tries to steal them for a profit, is legally liable, I would like to accomplish something similar.
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2 ANSWERS

Yes, you can register the copyright in any work of "authorship". There is no "completion" or "final version" requirement. So long as your "work in progress" has enough creativity to constitute a work of "authorship," by registering the copyright you will be able to enforce that copyright against anyone who makes a substantial copy, or a derivative work, of your "work in progress." If you are unsure whether your work has enough creativity to be eligible for copyright protection, you should consult an IP attorney.
Answered on Jan 28th, 2012 at 12:59 PM

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Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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I think you misunderstand how the law of copyright works. First, "copyright" is a noun, not a verb. You obtain a copyright the minute your work of authorship is reduced to tangible form, whether it is complete or incomplete, a draft or a fragment. You can register your copyright with the United States Copyright Office to obtain certain additional enforcement rights, but you have no better or worse copyright than the one you had when you wrote your first draft. Since you subsequent finished work will be deemed a "derivative" work of the original draft, you are largely protected in the final version if you register an earlier draft. You will wish to consult with a copyright attorney about this. Generally speaking, characters and fictional places are not protected by copyright law. What copyright law protects is expression. That means, for example, that you are free to write a book about something that takes place in Narnia or Oz, or (subject to certain limitations) that contains a lead character with a name similar to that of another book, as long as your text is not substantially similar.
Answered on Jan 23rd, 2012 at 7:59 AM

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