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Q: copyright ( No Answer,   7 Comments )
Question  
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?

Request for Question Clarification by easterangel-ga on 11 Oct 2005 05:36 PDT
Hi!

In what country?

Thanks!

Clarification of Question by shembo-ga on 11 Oct 2005 14:10 PDT
Ah, yes...first, USA, then Australia, EU and China, Japan.  Let me
know if you can handle all that for $10, I can increase fee a bit if
there are separate areas for such © activities.

SG
Answer  
There is no answer at this time.

Comments  
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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