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how do I copyright my work

by nicholasb
21 replies
I am creating am working on alot of content this year, how do I go about copyrighting it.
#copyright #work
  • Profile picture of the author burtie
    Print it out, stick it in a envelope and post it to yourself by recorded delivery, but dont open it when it arrives.

    This way you can in a court of law prove that that copy was created by you.
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    • Profile picture of the author TheToolWiz
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      • Profile picture of the author mikewa
        [quote=TheToolWiz;389754]
        U.S. Copyright Office - Frequently Asked Questions

        quote]

        thanks for the link!
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    • Profile picture of the author Steve Mount
      Originally Posted by burtie View Post

      Print it out, stick it in a envelope and post it to yourself by recorded delivery, but dont open it when it arrives.

      This way you can in a court of law prove that that copy was created by you.
      Wow... that is an outstanding answer. I'd never heard about this before but it makes perfect sense! Sometimes the most common sense answers are the ones that elude us lol
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      • Profile picture of the author Richard Whyte
        Originally Posted by Steve Mount View Post

        Wow... that is an outstanding answer. I'd never heard about this before but it makes perfect sense! Sometimes the most common sense answers are the ones that elude us lol
        Course, that level of protection is valued at about the same level as the cost of the stamp..... A copyright lawyer will laugh at you if you want into the firms office with that as your proof.
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        • Profile picture of the author Scott Burton
          Originally Posted by Richard Whyte View Post

          Course, that level of protection is valued at about the same level as the cost of the stamp..... A copyright lawyer will laugh at you if you want into the firms office with that as your proof.
          The biggest problem with the "poor man's copyright" as any form of evidence, is that most envelopes actually can be opened and re-sealed by anyone who knows what they are doing. As such, the value as evidence is negligible. If I mail an envelope to myself with the correct approximate weight and dimensions, I could later open and reseal the envelope replacing the contents with whatever materials I want.

          Since I would be the one who would be opening and resealing it, I would simply make sure that the envelope I used was one I was confident I could open and re-seal successfully.

          If I wanted to try this, I could mail myself an envelope of the appropriate weight, then in three years time, open it, put in a re-typed manuscript, and re-seal the envelope. Then go to court trying to claim ownership of the rights of the book that comes out and hits the best sellers lists.

          This is exactly why the "poor man's copyright" is not a substitute for registration.
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    • Profile picture of the author writergirlk
      Originally Posted by burtie View Post

      Print it out, stick it in a envelope and post it to yourself by recorded delivery, but dont open it when it arrives.

      This way you can in a court of law prove that that copy was created by you.
      This is an urban legend and won't hold up in court. It may have worked at one time (maybe, not sure) but it won't now.

      Just register it with the copyright office. It costs a certain fee per form (I forget how much, maybe $30) and you can register multiple works at once.
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  • Profile picture of the author Oscar D
    WOW, serious??

    I have never heard anything like that before??
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    • Profile picture of the author burtie
      Originally Posted by Oscar D View Post

      WOW, serious??

      I have never heard anything like that before??
      When I published my book I was told to do it with the manuscript. That way I can prove at any time that I created it.
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  • Profile picture of the author Oscar D
    It makes sense as there will be a record of the content and the evidence of the date that the mail was sent.
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    • Profile picture of the author burtie
      Oh... I forgot to say. Get the postmaster to date stamp the seal of the envelope.
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  • Profile picture of the author Lloyd Buchinski
    The best deal at the copyright office right now is their ecobeta
    (electronic copyright office beta) program. If you qualify, (the
    writing is not published, below a certain volume etc) you can pay
    just $35 and upload your document electronically. Saves a lot of
    time, postage, registration etc.

    It does give you an advantage over the type of copyrights
    described so far. If you do have to go to court, you pretty much
    just bring your copyright certificate with you and you've won. (At
    least as far as my unqualified layman's understanding of their
    information goes.)
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  • Profile picture of the author write-stuff
    The story about sending your manuscript to yourself sounds great in theory, but in fact, is an old wives tale. Intellectual property lawyers will happily confirm that this practice does you no good whatsoever.
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    • Profile picture of the author burtie
      Originally Posted by write-stuff View Post

      The story about sending your manuscript to yourself sounds great in theory, but in fact, is an old wives tale. Intellectual property lawyers will happily confirm that this practice does you no good whatsoever.

      How? It proves that if you work is original then you own the copyright. It was actually a Intellectual property lawyer that told me to do it.
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      • Profile picture of the author write-stuff
        Originally Posted by burtie View Post

        How? It proves that if you work is original then you own the copyright. It was actually a Intellectual property lawyer that told me to do it.
        Guess we'll have to have dueling lawyers then since I was informed of this back in the 80s by my own attorney (who specialized in intellectual property rights). If your attorney told you that, then by all means, go for it.

        - Russ
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        • Profile picture of the author burtie
          Originally Posted by write-stuff View Post

          Guess we'll have to have dueling lawyers then since I was informed of this back in the 80s by my own attorney (who specialized in intellectual property rights). If your attorney told you that, then by all means, go for it.

          - Russ
          I suppose it may be different across the pond.
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    • Profile picture of the author Amanda_Davis
      Originally Posted by write-stuff View Post

      The story about sending your manuscript to yourself sounds great in theory, but in fact, is an old wives tale. Intellectual property lawyers will happily confirm that this practice does you no good whatsoever.
      and you can only "prove" it once.
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      • Profile picture of the author burtie
        Originally Posted by Amanda_Davis View Post

        and you can only "prove" it once.
        And thats all you need as one it has been opened in a court of law it will be recorded. You judge would then be a witness in any further suits
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  • Profile picture of the author Don Schenk
    I've worked in the photography industry for 38 years where the copyright is pretty much the same as for written works.

    The creator of the material automatically owns the copyright when the material is created, however to collect any damages other than what a copy would sell for, it must be registered with the copyright office, have the word copyright or the circle C symbol plus the year and the name of the copyright holder.

    All three... copyright, year, and name of copyright holder has to be on the photo, and the photo must be registered with the CO in order to collect punitive damages.

    I assume it's the same for written works. Of course it costs money to go after an infringer. In the photo industry ther are 2 professional trad associations who each have a team of lawyers to take care of copyright issues for members, and they have had some surprisingly large settlements.

    With that said, I'm not an attorney nor do I want to be. There is only one lawyer joke, all the rest are true.

    :-Don
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  • Profile picture of the author Michael Oksa
    The "poor man's copyright" is not the same as registering with the Copyright Office.

    It may help to "prove" you created the work first, but it will not allow you to sue for infringement.

    Think about it.

    To sue, you would need a lawyer.

    That lawyer will ask for proof.

    How do you show him the proof without breaking the seal?

    And how do you get them to take the case if they can't see the proof?

    Not to mention the fact that seals can be broken and resealed in a way that is virtually undetectable.

    BUT...

    Don't take legal advice from me, and don't take it from anyone else here either.

    If you're that concerned, get a lawyer.

    All the best,
    Michael
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  • Profile picture of the author HeySal
    Sending the manuscript to yourself does prove that you had the material before anyone else published it - it can't prove ownership conclusively.
    Taking it to a notary public and having it stamped before mailing it helps a lot.

    In truth, though, unless it's actually registered at the Copyright office anyone can lay a claim that you stole it from them. They can cause you major amounts of headache and some money defending yourself. If it's not registered legally, your defenses are proving you had a copy before publication - which unless it can be shown you had some means to steal it from the claimant is in your favor, but not conclusive. If you have other material written, an expert can be called in to verify that the style and wording are yours and not the other persons - big bucks at that point.

    You basically have to decide if what you have written is worth the price of registering it - if not, take your chances with the other methods of safeguard.
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  • Profile picture of the author Roderick Armstrong
    If it's worth copyrighting, it's worth doing it right so there is no doubt. A regular attorney can do it, but it is pretty expensive. I used Legalzoom, and they do did the whole process for about $150. Still very pricey but I don't have to worry about whether I did it the right way.
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