Question about Copyright laws

I am curious about copyright laws and web page development. If I create a web page and publish my own poetry, writings, or scripts what prevents others from stealing them?

Also what have other writers out there done to keep themselves protected? (other than hire a lawyer to handle it for you)


Openfist

The hate I bear thee can afford No better term than this,–thou art a villain.

This is a major issue right now because technology has changed to the point that it is very easy to do stuff that you’re not supposed to do with copyrighted material. You can copyright material on your website, but that hardly prevents anybody from lifting it and using it. You can pursue them legally if you ever become aware of their action, which is pretty much what the situation has been for ages.

I’m not sure if I’m understanding your question right, but you do not have to apply for any special copyright before posting your work (if this is your question). Your work is automatically copyrighted and entitled to full protection from the time you create it. If someone steals your material, you can file a lawsuit.

Boy I did a terrible job asking this question the first time. Hopefully this time will be a bit clearer.

While surfing the web I come across people’s works be it writing or art. Usually the person puts their copyright on everything they have. I emailed a few of these people and asked how expensive it was to get all their material copyrighted. They said that all they did was copyright their company name which was relatively inexpensive…then put every one of their works under the copyright. This practice didn’t seem right as I have the understanding that you had to copyright art and writing differently (aka going through different dept of the govt).

My ignorance in copyright law is why I am uncertain of this. I think it would be great to just register a name and put everything under it. But somehow I feel that will not work. Are so many people publishing their works without any legal foundation?

Also how legal is the generic copyright of sending yourself copies of your art or writings registered mail? Then haveing a dated copy of when it was written.


Openfist

The hate I bear thee can afford No better term than this,–thou art a villain.

You don’t have to register anything with anybody to copyright material. You just include copyright notice on the material.

I’m not going to go look it up at the moment, but I think you can find what info you might need at the United States Patent and Trademark Office website.

Okay, that question I understand.

First, no, you can’t exactly protect your work by copyrighting a company name and “putting everything under that” – that may be what people appear to be doing, but, that’s not how it works. When anyone posts material to a website, what they have a copyright in is the actual material that is subject to the copyright. The poem, the play, the computer software, the song.

This copyright exists from the moment the work is “published”, by fixing in an acceptable medium (on paper, on tape, on a website, on a cd, in a letter, whatever – mostly it has to be not locked in your head. (So in that sense, your acquaintances who think they are “putting everything under the company’s name” (“Copyright 1999 Spelvin & Co.”) on their sites do have copyright protection, they are just misstating the reason for the protection)

If you desire, you can obtain additional protection for each separate work by REGISTERING the work with the U.S. Copyright Office. This costs 25 or 45 bucks per work (Can’t remember exact amount); the form is very straightforward. My husband registered several songs this way. Go the the Copyright Office Website for further info (I’ll go find it and post it on this thread).

The owner of the work can be you or a company, hence the copyright notice you see on webpages - C 1999 the Washington Post, or C 2000 Sue Ixnay, or whatever.

As to the registered mail – no harm in that. It can be difficult to “prove” that you had fixed the song or play in question before a certain time. The registered mail might help. On the other hand, Federal copyright registration gives you a legal presumption of precedent use by a certain date, and ownership, that is harder for infringers to overcome, this is its chief benefit.

As to what happens when you post something on a website – people steal that stuff freely, and enforcement is very difficult. And it often requires lawyers. Sorry.


Ooh, I love your magazine. My favorite section is `How to increase your word power’. That thing is really, really… really… good. – Homer, ``Mr. Lisa Goes to Washington’’

http://lcweb.loc.gov/copyright/

is the link to the Copyright Office. Read their Copyright Basics informational pamphlet online for good and more detailed info than I stated above.

Beatle, the US Patent and Trademark Office (www.uspto.gov) only handles Patents and Trademarks, alas. (Can you believe that – a government agency whose name actually clearly describes what it handles?)


Ooh, I love your magazine. My favorite section is `How to increase your word power’. That thing is really, really… really… good. – Homer, ``Mr. Lisa Goes to Washington’’

OK, I’m not a lawyer, and there are undoubtably people better informed on copyright law who frequent this board, but I have noow whipped out my copy of This Business of Music and am quickly scanning it’s copyright section. It refers to the 1976 Copyright Act, which, what with all the Internet doin’s of recent years, may well have been superseded.

The book goes on to say that registration in the Copyright Office (probably a better place to look than the USPTO I mentioned above) is not a condition of protection, it makes a public record of existing statutory copyright.

Repeat: IANAL

See, I told ya’ somebody who knew better than I would happen along.

© 2000 beatle and the Straight Dope

Openfist, just think of it, millions of people having a copy of YOUR poem in their browser cache. And there is nothing you can do about it :slight_smile:

beatle, thanks for posting that – it’s a good summary of the difference between common law copyright and Federal copyright registration. The whole point of federal registration is more protection – and because it doesn’t cost very much, it’s probably worth it, if infringement is a concern.


Ooh, I love your magazine. My favorite section is `How to increase your word power’. That thing is really, really… really… good. – Homer, ``Mr. Lisa Goes to Washington’’

One time a guy accused me of copyright violation of his logo. Turns out logos have trademarks, not copyrights.