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Subject:
copyright
Category: Business and Money Asked by: shembo-ga List Price: $10.00 |
Posted:
11 Oct 2005 05:34 PDT
Expires: 10 Nov 2005 04:34 PST Question ID: 578827 |
what is process for registering a copyright, and where do I send materials? | |
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There is no answer at this time. |
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Subject:
Re: copyright
From: rbalutn-ga on 11 Oct 2005 09:43 PDT |
you just go to the patent office in your country and register your finding,script,poem etc ... They will propabaly help you in this . |
Subject:
Re: copyright
From: chicagobrain-ga on 12 Oct 2005 14:46 PDT |
depends on what you are copyrighting. many folks in the entertainment industry use the Writers Guild in Los Angeles to register their scripts for shows, movies, stories, poems, etc. What the WGA does is officially date the package you send them and put it in a vault. If anyone ever tries to "steal" your idea, you can go to the guild and show proof of when your idea was originally conceived. You can reach them at (323) 782-4500 or wga.org (look for writer registry service) - there is a fee - something like $15. And their protection is good in all countries that agree to protecting intelluctual properties. Really, that's all copywriting is. Having proof that your idea was first conceived. Some advertisers place a "phony" ad in a local newspaper - like the Pennysaver - so they can show when they came up with the name of a new product. But you should check with the patent office to see if anyone else has registered the name: http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=jnvloq.1.1 some folks say that sending yourself a package via the US mail and never opening it can work to show when something was created but the problem there is you could have sent yourself an open envelope and stuffed/or re-stuffed it with your materials after you received the package. hope this helps. |
Subject:
Re: copyright
From: master_shake-ga on 13 Oct 2005 13:49 PDT |
For the US: www.copyright.gov There is a section on the homepage entitled "How to Register a Work." Basically you fill out the right form and send in your materials with a check for, I believe, $35. FORM VA is visual arts. FORM TX is text, etc. You need to register with the Copyright Office to bring suit in the United States. If you mail it to yourself, your suit will be dismissed for lack of jurisdiction. Registration need not occur before infringement, but the remedies are better if it is registered before infringement, except if it is registered within 3 months of publication. The foregoing does not, of course, create an attorney client relationship. Info for the UK is here: http://www.patent.gov.uk/copy/ I don't know anything about it though. |
Subject:
Re: copyright
From: chicagobrain-ga on 13 Oct 2005 15:18 PDT |
all good info master_shake except "you need to register with the Copyright Office to bring suit in the US" is untrue. registering with copyright office helps your case, but is not mandatory to file a suit. you can file suit at any time for anything. and as long as you can prove that your works was created before the one you believe infringes on your work, you stand a chance of winning your suit. |
Subject:
Re: copyright
From: master_shake-ga on 13 Oct 2005 16:56 PDT |
Chicago-brain, you are incorrect, and dangerously so: 17 U.S.C. Sec. 411: Except for an action brought for a violation of the rights of the author under section 106A (a), and subject to the provisions of subsection (b), <b>no action for infringement of the copyright in any United States work shall be instituted</b> until <i>registration</i> of the copyright claim has been made in accordance with this title. |
Subject:
Re: copyright
From: master_shake-ga on 13 Oct 2005 17:15 PDT |
See also this article: http://www.oblon.com/media/index.php?id=41 And this Report of the US House: http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+52+5++'fair%20use%252 Let me clarify. You have your copyright upon creation. If you try and enforce it, you will be kicked out of court if it is not first registered with the Library of Congress Copyright Office. Then, you've got to go and register it. When you come back into court, your suit will proceed. As stated above, you can register after infringement begins, but some remedies are unavailable. So, if you've got the chance, it is much better to file with the LOC first. And, btw, I have never, ever heard of someone coming into court with something mailed to themself, and I've easily read over 500 cases on copyright law. The reason is simple-- you have to produce documents to the other side. You can't just rely on a magic envelope that will be opened during trial. Trust me on this one. |
Subject:
Re: copyright
From: chicagobrain-ga on 14 Oct 2005 07:30 PDT |
agree with you sending documents to self is not the best idea. in fact, agree that it would not hold up in court. was not advocating sending to self. sorry if it came across as such. in my years in the creative writing business, though, I have never heard that you HAD to register with the LOC. sending your documents to the WGA was always deemed strong proof of when your work originated. In fact, know of several claims that were settled by the Guild without ever getting the LOC involved. again, probably makes a difference what you're copywriting. Good info master_shake. Consider me educated. |
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