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Copyright information

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Eiregirl



Joined: 21 Jul 2005
Posts: 10230
Location: Chasing a pink bunny
Copyright information

KNOW YOUR RIGHTS PEOPLE!!!

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Do to several people asking me “How would I get a copyright in the UK and would it be good in the US? And a few other people mentioned other countries such as Mexico and France and they basically asked the same question. I have edited in this section to hopefully address this question.

I used the United states as the basic example here because that is were the majority of Mels users appear to be from and where I am currently living. The process for getting a copyright is not vastly different in other countries and many countries accept copyrights from a vast array of other countries.

If you want information on how to obtain a copyright from a different country than the one used here as the basic example then go to the copyright website for that country and do a little research then check the U.S. website and view circular 38a to see if a copyright from that country would be accepted in the US. Also on that website there should be something similar to circular 38a showing what other countries accept your countries copyright.

For example the UK Patent Office (which will be changing its name the second of April 2007 to the Intellectual Property Office) handles copyrights for the United Kingdom.
The UK website is http://www.patent.gov.uk/copy.htm

The following website should address just about every intellectual property office on this planet.
World Intellectual Property Organization (WIPO) directory of intellectual property offices.
http://www.wipo.int/directory/en/urls.jsp
This above link will at the very least provide you with an address and telephone number and in many cases a webpage link.
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It is true that you own the copyright to your work the instant you create it and it is tangibly fixed (written down, stored on your computer etc.) At this moment of tangible creation you have rights whether you have a registered copyright or not.

It is easy and relatively cheap to register your work (it can even be a work in progess i.e. a rough draft such as my story "Jade" in fantasy fiction) with the Copyright office and doing so gives you the right to statutory damages and attorneys fees in court.

Prior to 1989 copyright infringement was considered a civil case where you would sue the offender for damages but that is not the case anymore. A commercial copyright violation involving 10 or more copies and a value of $2500 or more is a felony.

All the information below can be found at http://www.copyright.gov

The below is information from the U.S. Copyright Office web site FAQ page
http://www.copyright.gov/help/faq/faq-general.html#register

Go to the link above to view additional links within the text below if you wish to do so.

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects inventions or discoveries. Ideas and discoveries are not protected by the copyright law, although the way in which they are expressed may be. A trademark protects words, phrases, symbols, or designs identifying the source of the goods or services of one party and distinguishing them from those of others.

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics, section “Copyright Registration.”

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

Is my copyright good in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country.

YOU DO NOT HAVE TO REGISTER YOUR WORK INDIVIDUALLY (for example you do not have to register each poem separately you can register them as a collection) READ AND YOU WILL LEARN.
GO TO THE WEBSITE AND DO A LITTLE RESEARCH

Copyright registration of poetry
http://www.copyright.gov/fls/fl106.html
Go to the link above to view the webpage shown below for the link to current fees (which is $45)

Claims to copyright in either published or unpublished poetry may be registered in the Copyright Office. Form TX should be used to apply for copyright registration for poems. To apply for registration, send the following three elements in the same envelope or package to the Library of Congress, Copyright Office, 101 Independence Avenue SE, Washington, DC 20559-6000:
A completed and signed application form;
A nonrefundable filing fee for each application (Current Fees); and
A nonreturnable deposit of the work to be registered.
Published collections of poetry and all other copyrightable elements of a unit of publication may be registered on a single form with a single fee if all the poems are owned by the same copyright claimant.
Unpublished collections of two or more poems may be submitted for registration on a single form with a single fee and deposit of one complete copy or phonorecord only if all the following conditions are met:
The elements are assembled in an orderly form;
The combined elements bear a single title identifying the collection as a whole;
The copyright claimant in all of the elements and in the collection as a whole is the same; and
All the elements are by the same author, or, if they are by different authors, at least one of the authors has contributed copyrightable authorship to each of the elements.
Registration of an unpublished collection of compositions extends the benefits of registration to each copyrightable selection in the collection, but only the collection title appears in the Copyright Office catalogs and indexes.

Literary Works
http://www.copyright.gov/register/literary.html
Go to the link above to view links within the text below

Follow these steps to register your book, manuscript, online work, poetry, or other text:
Step 1
Make sure your work is a literary work. Literary works may be published or unpublished and include nondramatic textual works with or without illustrations. Computer programs and databases also are considered literary works.
Step 2
Put into one envelope or package:
a completed application Form TX or Short Form TX and Form CON if needed (choose which form to use)
a $45 payment to "Register of Copyrights."
nonreturnable copy(ies) of the material to be registered. Read details on deposit requirements.
Step 3
Send the package to:
Library of Congress
Copyright Office
101 Independence Avenue, S.E.
Washington, D.C. 20559-6000
Your registration becomes effective on the day that the Copyright Office receives your application, payment, and copy(ies) in acceptable form. If your submission is in order, you will receive a certificate of registration in approximately 4 months.

What is publication?
Publication has a technical meaning in copyright law. According to the statute, “Publication is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.” Generally, publication occurs on the date on which copies of the work are first made available to the public.

Eiregirl Arrow
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All poems and stories posted by Eiregirl are Copyright 2005 - 2008 Aoibhegréine These literary works are my property under copyright. If you wish to use my work for any purpose please ASK FIRST.

Post Wed Mar 14, 2007 1:01 am 
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