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Q: Website Copyright ( Answered,   6 Comments )
Question  
Subject: Website Copyright
Category: Computers > Internet
Asked by: mach2-ga
List Price: $30.00
Posted: 07 Jan 2004 23:14 PST
Expires: 06 Feb 2004 23:14 PST
Question ID: 294326
I need to register my entire site with the copyright office.  I
understand that normal registration will take over a year.  So, please
don't privide basic info.  I need to know the quickest way to obtain
copyright certificate for my site.  I'm willing to pay extra fees to
copyright my site ASAP.  Where and how can I do this? Also, Can I
obtain copyright for the previous version of the site?
Answer  
Subject: Re: Website Copyright
Answered By: majortom-ga on 08 Jan 2004 06:39 PST
 
According to the U.S. Copyright Office, the normal time required to
register copyright is approximately five months. The contents of your
web site are considered a "literary work" for copyright purposes
according to U.S. Copyright Office web site, as cited here:

U.S. Copyright Office - Literary Works Registration
http://www.copyright.gov/register/literary.html

The standard fee for registration is $30. See the above page for
complete details of what you must include in your application.

Expedited handling is also available for a fee of $580, over and above
the standard fee of $30. Applicants "must provide a letter that
answers the question, 'why is there an urgent need for special
handling?'" which must cite one of these three circumstances, as
stated on the U.S. Copyright Office web site:

1. Pending or prospective litigation.
2. Customs matters.
3. Contract or publishing deadlines.

The U.S. Copyright Office web site states that such expedited
applications are typically processed within 5 days but does not
guarantee that they will be. Complete information on expedited
applications is found in Circular 10 of the U.S. Copyright Office, as
cited below:

U.S. Copyright Office, Information Circular 10
http://www.copyright.gov/circs/circ10.html
Comments  
Subject: Re: Website Copyright
From: sparky4ca-ga on 07 Jan 2004 23:20 PST
 
I know you don't want basic infomation, but please keep in mind that
anything you create, is automatically copyrighted. You don't even have
to display the copyright symbol. Registering your copyright just gives
you added benfit if you have to sue someone for infringement.

sparky4ca
Subject: Re: Website Copyright
From: anujji-ga on 08 Jan 2004 00:18 PST
 
I do want to know about the charges of copywriting any website content.
Subject: Re: Website Copyright
From: mach2-ga on 08 Jan 2004 01:00 PST
 
sparky4ca-ga. 

Bingo. That is my intent.  When you create a site from scratch, it is
automatically copyrighted.  But when another site copies your content,
you may contact them and have them to stop infringing.  That's all you
can do.  When words don't seem to have any effect, it's time to take
action, but without copyrighted site, you can't sue.
Subject: Re: Website Copyright
From: ipfan-ga on 08 Jan 2004 13:32 PST
 
Just to add a few observations:  the others are correct that you own a
copyright in the website as soon as you "reduce it to a tangible
medium," i.e., write the html (or whatever) code and store it on a
hard drive, CD, DVD, whatever.  Aso soon as those pages exist in that
fashion, ther person who wrote the code and placed it on the tangible
medium (the author) owns a copyright.  You must, however, REGISTER,
the copyright before you can sue for copyright infringment.  See 17
U.S.C. Section 412 (http://caselaw.lp.findlaw.com/casecode/uscodes/17/chapters/4/sections/section_412.html)

In terms of registereing the site, you might find Circular 66 helpful.
 See http://www.copyright.gov/circs/circ66.html.  You should also know
that copyright registration is effective as of the date a complete,
correct applciaiton plus the correct fee is recieved by the Copyright
Office.  you do not need to wait until the certificate actually issue,
whoch can take several months.  so, ofr example, if you sent in your
copyright registration application, deposit copy and check byt USPS
next-day mail and ordered delivery confirmation, the date that it was
received is the effective date of registrationa nd you could go an
file a copyright infringment lawsuit on that basis.  Then, when you
get the actual certificate, you can show ti to the court and tot he
defnednat to prove that you have it.

http://www.copyright.gov/circs/circ66.html
Subject: Re: Website Copyright
From: ipfan-ga on 08 Jan 2004 13:33 PST
 
Please ignore that comment--it was a draft--a final will follow in a minute.
Subject: Re: Website Copyright
From: ipfan-ga on 08 Jan 2004 13:40 PST
 
Just to add a few observations:  the others are correct that you own a
copyright in the website as soon as you "reduce it to a tangible
medium," i.e., write the html (or whatever) code and store it on a
hard drive, CD, DVD, whatever.  Also soon as those pages exist in that
fashion, the person who wrote the code and placed it on the tangible
medium (the author) owns a copyright.  You must, however, REGISTER,
the copyright before you can sue for copyright infringement.  See 17
U.S.C. Section 412 (http://caselaw.lp.findlaw.com/casecode/uscodes/17/chapters/4/sections/section_412.html)

In terms of registering the site, you might find Circular 66 helpful.
 See http://www.copyright.gov/circs/circ66.html.  You should also know
that copyright registration is effective as of the date a complete,
correct application plus the correct fee is received by the Copyright
Office.  You do not need to wait until the certificate actually issues,
which can take several months.  So, for example, if you sent in your
copyright registration application, deposit copy and check by USPS
next-day mail and ordered delivery confirmation, the date that it was
received is the effective date of registration and you could go and
file a copyright infringement lawsuit on that basis.  Then, when you
get the actual certificate, you can show it to the court and to the
defendant to prove that you have it.

Also, as to Internet content specifically, the Digital Millennium
Copyright Act gives you a weapon to use against infringers short of
actually having a registered copyright and short of filing a lawsuit. 
See 17 U.S.C. Section 512(c)(3) at
http://caselaw.lp.findlaw.com/scripts/ts_search.pl?title=17&sec=512.
Using this process, you can send a take down notice to the web host on
whose servers the infringing content resides and they have to remove
it (subject to some procedural requirements).

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