Copyright Protection for Historical Figures: Can Authors Collect Royalties?

Copyright is designed to protect original works of authorship. While it cannot protect historical figures themselves, the works about such figures may indeed fall under copyright protection. This article aims to explore how authors and creators can protect their work, as well as whether they have the right to collect royalties associated with their writings on historical individuals.

Understanding Copyright and Intellectual Property

The U.S. Copyright Office defines copyright as a form of protection given to authors for their original works. These works must be “fixed in any tangible medium of expression.” This means that while human beings cannot be copyrighted, the written works, paintings, music, and other creative expressions can be protected under copyright law.

Can Human Beings Be Copyrighted?

A novel idea is often born from a person’s life experiences, thoughts, and interactions. Unless that person is an author of a copyrighted work themselves, they cannot be copyrighted. However, the characters and events in a book about a historical figure can be protected. It's the expression of an idea, not the idea itself, that is protected under copyright.

The Limits of Copyright Protection

Historical figures such as Queen Elizabeth I, Napoleon Bonaparte, or Benjamin Franklin are not subject to copyright protection. They are part of the public domain, meaning anyone can use their name, image, and life story publicly. However, any written work, films, or other creative expressions about these individuals are eligible for copyright based on the original creator's contributions.

Original Works and Copyright

A book about a historical figure is considered an original work of authorship. This may include biographies, historical novels, and even fictionalized portrayals. The author arranges the facts, events, and anecdotes into a narrative format, which can be protected as the author's intellectual property.

Can Authors Collect Royalties?

Yes, authors can collect royalties on works about historical figures. Royalties are payments made to the original creator for each use of their work. This can include book sales, film adaptations, or other derivative works. However, authors and creators must ensure their work is clearly marked as derivative and not infringe on any existing copyrights. For example, if you write a biography of Abraham Lincoln, you should still cite any copyrighted works (such as previously published letters or diaries) you have relied on.

Licensing and Public Domain

When an author writes a work about a historical figure, they may choose to license their rights to certain publishers or film studios. This means they're allowing someone else to use their work, but they retain the copyright. In the case of the public domain, where historical figures are concerned, the rights to the characters and events themselves do not exist. However, authors can still protect their creative expression of those historical figures.

Conclusion

In summary, while historical figures themselves cannot be copyrighted, the creative works about them can indeed be protected under copyright law. Authors and creators have the right to collect royalties on their works, provided they respect the originality and integrity of their contributions. By understanding the differences between historical figures and their creative depictions, writers and creators can better navigate the complex world of copyright and intellectual property.

Frequently Asked Questions

Q: Can I write a book about a historical figure without infringing on anyone's copyright?

A: Yes, as long as you do not use any copyrighted material without permission, such as letters, diaries, or other specific content that are not in the public domain. You can still write a detailed and accurate account of a historical figure, but ensure that all factual information is properly cited and any creative content is your original work.

Q: What steps should I take to protect my work on a historical figure?

A: Register your work with the U.S. Copyright Office to establish a legal claim to the copyright. Ensure that your book is clearly marked as a derivative work if it relies on copyrighted material, and provide proper citations where necessary. This helps protect your rights and ensures you can collect royalties.