Copyright question

[lunachick]

I've seen some poems posted with copyrights tagged at the end, and was wondering about how to go about copyrighting work. (I don't think I've written anything worth copyrighting, yet, but I still want to know!)
Is it expensive to apply for copyright? How do you go about it? Someone once told me that if you posted an envelope to yourself with the work inside it, and when you receive it back in the mail (complete with dated post stamp), don't open it, but keep it sealed, and that becomes a legal 'poor mans copyright'. I personally doubt this, but need some enlightening on this issue!!
So to all those who have copyright work; how did you go about it, and what did it cost you?

[JohnBoddie]

When you write the piece, you have the copyright. The real issues are whether you want to register it and/or enforce it.

Unless you are going to have your work printed, it's really a non-issue, but before you accept any agreement from a publisher, I'd advise you to purchase a copy of "The Writer's Legal Companion" by Brad Bunnin. This little book discusses copyrights, reprint rights, translation rights and all sorts of other relevant stuff in language the lay person can understand.

Authors who insist on placing a copyright notice at the end of poems appearing in pffa are engaged in a harmless vanity.

JB

[sweetums]

Lunachick:

Speaking very broadly, the copyright laws of NZ are probably different than in the US. However, NZ law is similar to US law in that a creative work is deemed to have been copyrighted upon its completion. The US legal standard for completion is "fixed in a tangible form." I found a good overview of NZ copyright law at http://www.copyright.org.nz/.


The US application is available for download from the Library of Congress. It's $30, and legally speaking, a monkey could do it. Most publishing companies require the author to assign or sell thier rights to the company to complete a deal for royalties.

Copyright is a strange animal. Technically speaking, your work is copyrighted automatically as soon as it is complete. Applications are generally treated as proof of when you completed the work and make things a lot easier if someone ever does plagiarize your work and you end up in court.

The best way to proceed with copyrighting your material is to consult an attorney, particularly if you are dealing with a publisher. An additional difficulty is a that recently there have been many changes to Intellectual Property laws, both on national and international levels. The good news is, obtaining good copyright protection via an application is fairly cheap, even if you go to an attorney. Educating yourself via the above noted publication is also a very good idea, just watch the publication dates and get the most recent book you can.

Hope this helps,

sweetums



[This message has been edited by sweetums (edited 03-10-2002).]

[Howard Miller]

the Library of Congress is the U. S. center for copyright matters:

http://www.loc.gov/copyright/


For international copyright law, the World Intellectual Property Organization has the basic site:

http://www.wipo.org/




[This message has been edited by Howard Miller (edited 03-10-2002).]

[OpenMyEyes]

I thought I might have one thing to add to this discussion. Namely that the reason that someone told you that mailing your work to yourself and leaving it unopened was "a poor man's copyright" is that the Postmark on the sealed envelope provides court-acceptable proof of the date of completion should your copyright ever be challenged. While, perhaps not as effective as registering your copyright, it provides some protection, and considering the minimal risk (for the most part) of anyone violating your copyright in any tangible way, is probably sufficient.

------------------
Heat goes deep as cold.
Hate goes deep as love.
But envy strikes to the marrow
and sticks there for ever.
- Anonymous 17th century Irish poet.

[garyg]

[QUOTE]Originally posted by OpenMyEyes:

I thought I might have one thing to add to this discussion. Namely that the reason that someone told you that mailing your work to yourself and leaving it unopened was "a poor man's copyright" is that the Postmark on the sealed envelope provides court-acceptable proof of the date of completion should your copyright ever be challenged.

**Don't even bother wasting the postage.

While, perhaps not as effective as registering your copyright, it provides some protection,

**No, it doesn't.

and considering the minimal risk (for the most part) of anyone violating your copyright in any tangible way, is probably sufficient.

**Mailing yourself your own poems is a waste of time.

garyg

[shawnpoarch]

Im in no way suporting other posting sites on the internet, but one in particular automaticly stamps your poetry or prose with a copyright when you post it. Whether this is legal or not I do not know. So im guessing that what everyone is saying is true that after you finish writing your piece its copyrighted instantly. No need to spend the money unless you just want to.

sp

[Howard Miller]

"one in particular automaticly stamps your poetry or prose with a copyright when you post it"

This is purely to feed the posters' vanity. It wouldn't hold up in court if the situation went that far since there's no way of proving a particularly individual actually wrote what was posted.

The only true protection against plagiarism is not by copyright but by locking whatever you've written in a secure vault and never allowing anyone see it--ever.

A procedure that is highly recommended to a number of posters in "Teen," "Woe," "Erotic," and "Love."


Howard

[OpenMyEyes]

**Don't even bother wasting the postage.
I agree. Perhaps I didn't make clear that I don't advocate doing this, I was merely trying to explain why it had been mentioned.
While, perhaps not as effective as registering your copyright, it provides some protection,

**No, it doesn't.
Ok, What I should have said was it provides some evidence of date of completion, not much, but some

and considering the minimal risk (for the most part) of anyone violating your copyright in any tangible way, is probably sufficient.

**Mailing yourself your own poems is a waste of time.
I agree totally. I have never done it myself, and would not intentionally encourage anyone to.
garyg


------------------
Heat goes deep as cold.
Hate goes deep as love.
But envy strikes to the marrow
and sticks there for ever.
- Anonymous 17th century Irish poet.

[garyg]

[QUOTE]Originally posted by shawnpoarch:

Im in no way suporting other posting sites on the internet, but one in particular automaticly stamps your poetry or prose with a copyright when you post it.

**I'll bet that makes everyone who posts there feel so special and validated!

If you submit to the International Library of Poetry, you'll see your name in print!!

If you spend fifty bucks at Kinko's, you can declare yourself *published*!!!

garyg
Man, this poetry stuff is easy!!!!
"Don't bother proofreading, that's what My Editor is for!!"

[sweetums]

In the US, copyright notices with the author's name and date of first publication were at one time required for all publications. As of March 1, 1989, copyright notices are optional. However, they are said to be the cheapest form of infringement deterrence. See H.R. Rep. No. 100-069, 100th Cong., 2d Sess 26-67 (1988)

On the other hand, courts have upheld copyright protection for instructions on the back of shampoo bottles. Sebastian Int'l,Inc. v. Consumer Contacts, (PTY)Ltd., 664 F.Supp. 909 (D.N.J. 1987)rev'd on other grounds 847 F.2d 1093 (3d Cir. 1988).

Copyright notices at the end of your poem are no great indicators of legal savvy on the writer's part. Not by a long shot.

sweetums



[This message has been edited by sweetums (edited 03-28-2002).]

[garyg]

[QUOTE]Originally posted by sweetums:

On the other hand, courts have upheld copyright protection for instructions on the back of shampoo bottles.

**I guess this means when I can't use: *Lather, Rinse, Repeat* in my crits anymore.
Bummer.

garyg
In touch with my
Inner Nazi