Marketers Not Copywriting Their Products

by Mike Montgomery 21 replies
It's amazing how many reports and ebooks I read that are
not copyrighted.

Many of them are being sold by warriors as wso's.

Someone might say that maybe the products are PLR products
that the people have changed a bit so they can't really
copyright them.

Many of these products are definitely not PLR. WSO's can't be
former PLR.

What am I missing here. Why wouldn't someone take a few minutes
to put a copyright in their product?

mx
#main internet marketing discussion forum #copywriting #marketers #products
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  • Profile picture of the author Andy Money
    Technically any content like that IS copyrighted upon the very second it is created, unless I'm forgetting/missing something.
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    • Profile picture of the author Michael Oksa
      Originally Posted by mrsleep99 View Post

      Technically any content like that IS copyrighted upon the very second it is created, unless I'm forgetting/missing something.
      You are correct. Copyright begins at the moment of creation. My understanding though is that registering the copyright officially gives you some added legal protection. But I could be wrong because...

      I am not a lawyer, and any legal advice should be between you and an attorney.

      Anyway, thanks for the reminder on an important issue.

      ~Michael
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      • Profile picture of the author Tuzic
        Banned
        hi,

        thanks for the reminder of this important issue.
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  • Because people will do what they want with it regardless.
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    • Profile picture of the author Janet Sawyer
      Originally Posted by Christopher R Everson View Post

      Because people will do what they want with it regardless.
      But, here in the UK, if you create a work - book, report, whatever and then take the trouble to send yourself a sealed copy of said works through the postal system, and then never open it. You have proof that it is your work, date stamped and timed etc.

      The courts here take that as proof. - Unless ofcourse the law has changed in the last 100 years! which is highly unlikely over here.

      Copyright doesn't begin with creation it begins when the product is ended and compiled and proof of postage seals the deal. ( only my opinion ofcourse )

      As an example, at a recent meeting with like minded enterpreneurs where ideas were tossed around the table.
      One member of the group ran with it (the idea), produced the goods and finalised the product.

      All that member now needs to do is send the script to him/herself in a sealed envelope via the postal system and he/her can claim ownership to the product. (but they need to make sure they never open that envelope incase they need to prove it was their script produced on that date!) That's the law, fair and square.

      Can't wait for them to do it, it's a great little product that we all need.

      Putting a little circle with a c in the middle of it, doesn't whack it around these here parts. (Like I stated earlier though, I'm not an atourney and am not giving out legal advice!)
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      • Profile picture of the author LB
        Originally Posted by Janet Sawyer View Post

        But, here in the UK, if you create a work - book, report, whatever and then take the trouble to send yourself a sealed copy of said works through the postal system, and then never open it. You have proof that it is your work, date stamped and timed etc.

        The courts here take that as proof. - Unless ofcourse the law has changed in the last 100 years! which is highly unlikely over here.

        Copyright doesn't begin with creation it begins when the product is ended and compiled and proof of postage seals the deal. ( only my opinion ofcourse )

        As an example, at a recent meeting with like minded enterpreneurs where ideas were tossed around the table.
        One member of the group ran with it (the idea), produced the goods and finalised the product.

        All that member now needs to do is send the script to him/herself in a sealed envelope via the postal system and he/her can claim ownership to the product. (but they need to make sure they never open that envelope incase they need to prove it was their script produced on that date!) That's the law, fair and square.

        Can't wait for them to do it, it's a great little product that we all need.

        Putting a little circle with a c in the middle of it, doesn't whack it around these here parts. (Like I stated earlier though, I'm not an atourney and am not giving out legal advice!)
        Janet, I have heard the whole "seal and send to yourself" thing many times...but my IP attorney said that if that was the only evidence you had in court...forget it. It's a common misconception that provides no real protection. I could easily get a postmarked envelope and reseal it with anything I wanted in it.

        However, that's the US though- I don't know about the UK.

        Here's how copyright works...

        The moment the work is created, it's copyrighted and the owner retains the rights to it. However, if the work is not registered with the copyright office then any damages awarded by a court will be limited to actual damages. In other words you'd have to prove actual losses in court. i.e. someone stole your book and sold 100 copies at $xx depriving you of income potential of the same or the amount you charge.

        Registering a work with the copyright office affords a lot more power though. You can then sue for statutory damages which can total many thousands per violation! Additionally, a copyrighted and registered work is compelling evidence in court.

        Of course, consult an attorney...of which I'm not.

        Unfortunately most infringers are outside of the US or UK...and you'll never collect a cent from them.
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        • Profile picture of the author Janet Sawyer
          Originally Posted by LB View Post

          Janet, I have heard the whole "seal and send to yourself" thing many times...but my IP attorney said that if that was the only evidence you had in court...forget it. It's a common misconception that provides no real protection. I could easily get a postmarked envelope and reseal it with anything I wanted in it.
          Argh! thanks LB

          I forgot to state, what you have to do is sign your name and state the date on the envelope seal and then cover that in selotape, before posting - via recorded delivery that you sign or someone else signs for as proof of receipt of the package.

          The thing to remember is then to ..................
          Never ever open it..... unless required to by the court.
          You then have documented proof of the date of opening.

          Thanks LB! late around these parts and I did need reminding of the salient points.

          Again, folks, I am not an attourney (lawyer) do your own due dilligence. But heed the comments here to guide you on your way.

          Kindest regards,

          Janet
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        • Profile picture of the author Dan C. Rinnert
          Originally Posted by LB View Post

          Janet, I have heard the whole "seal and send to yourself" thing many times...but my IP attorney said that if that was the only evidence you had in court...forget it. It's a common misconception that provides no real protection. I could easily get a postmarked envelope and reseal it with anything I wanted in it.
          Address and stamp the envelope on the "wrong" side so that the postmark strikes the seal.

          But, yes, you shouldn't rely on that for protection.
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  • Profile picture of the author keithakin
    I don't know how to copyright. Do I just add the little circle with a "c" in it behind my product name?

    Yes, it's true, I am very green to this internet marketing thing.
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  • Profile picture of the author samstephens
    From what I understand, you CAN file a copyright with the copyright office in the US.

    I know Australia, and I *think* the UK, don't have a copyright registration at all.

    It all comes under the rule: anything that you create is instantly copyrighted.

    You don't even need to put the (c) symbol on it if you don't want to, but they do recommend you do anyway, just to remind people.

    cheers
    Sam
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  • Profile picture of the author Frank Donovan
    Janet, what you are referring to is commonly known as "poor man's copyright" and whilst it probably can't hurt to have that as part of your evidence, you shouldn't rely on the courts accepting it as definitive (even in the UK).

    Mx, re. "copyrighting" your work. Strictly speaking, copyright is a noun, not a verb (although the latter usage is spreading) and an original creative work is automatically covered by copyright law once it exists in a permanent form.

    In other words, once a work is printed on paper or stored as a permanent computer file, it is fully protected by copyright. Registering your work with a Copyright Office helps to establish time and date of creation, if you ever fancy getting involved in a legal battle.

    Adding the copyright symbol © serves as a notice that you care about your copyright, but won't deter the deliberate plagiarist.

    Again, for specific matters of copyright law as they pertain to your situation and territory, always consult a qualified legal practitioner.

    Frank
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  • Profile picture of the author Lloyd Buchinski
    You do have a basic copyright when you publish something. I
    understand that a benefit of going through the copyright
    process is that if you do have a problem with someone else
    using the material, you basically just have to take your formal
    copyright to court and you've won, and as LB has already
    mentioned you can claim more damages.

    A little downside to the formal copyright is that if you make any
    changes, it is invalid and you have to pay the fee again to get
    the copyright with the spelling (or whatever) corrected.

    They do have an ecobeta program (electronic copyright office
    beta) going right now which does save a lot of time and at least
    a little money. For unpublished works under a certain limit you
    can just upload the file and pay $35 instead of 45, plus it saves
    all the registered mailing fees.
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  • Your work is automatically copyrighted and you do have rights to it simply because it is your original work.
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  • Profile picture of the author Tim_Carter
    I have registered copyrights in Canada - however work is copyrighted the moment you create it. It just adds some proof I think.
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  • Profile picture of the author Johnny Slater
    Originally Posted by Mike X. View Post

    Many of these products are definitely not PLR. WSO's can't be
    former PLR.
    mx
    This has always been the rule but lately there have been several plr products sold as WSO's. I'm sure that with no more mods and the WSO's being automated the way the are now that it is easier for them to slip through.

    As for copyright, any time you put something in tangible form, regardless of the form, it is instantly copyrighted by you. You no longer have to put the copyright symbol in place, it isn't required although it is best to do so.
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  • Profile picture of the author SimonRiver
    Basically, once an author creates his or her work, it is instantly copyrighted. But if someone steals your work and it goes to court, you're out of luck if you don't file for some form of copyright ownership.
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    • Profile picture of the author Josh Anderson
      In the US copyright is established the minute the work is created. US copyright laws are also honored by way of treaties in most other international jurisdictions.

      Registration allows you to take advantage of larger penalties in the form of punitive damages and acts as a form of verification but is not necessary to prove copyright.

      However, even if your work is not registered you can still sue for actual damages which can be just as damaging or even more so.

      But if someone steals your work and it goes to court, you're out of luck if you don't file for some form of copyright ownership.
      This is incorrect.
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      • Profile picture of the author rperales
        Personally...

        ..a What If?..the person that stole your stuff claims that he/she wrote it
        and that the original writer stole it if it is not register?

        Research proof I reckon..

        Now, something like that happen to me with a weight loss and keep it off
        ebook I wrote..Now, mind you, I bought a computer just to check what
        the internet was all about but then I join the warriors well, guess the rest..

        The one that edit my ebook sold it to some one offline and I found out
        when I got the offer in the mail for $30 bucks..$30 bucks!..man it was
        worth at least $99.95..

        I send them a letter with questions that they had to answer when in court
        sign by Attorney Reynaldo Perales..haha

        They dissappeared!

        Of course, it was a mind thing that the weight loss was designed so they
        couldn't answer the questions..something I know a lot about..


        rey
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  • Profile picture of the author LB
    Thirdly, registering your copyright with whatever the appropriate agency is in your country does not change your copyright, make it worth any more, or anything else of the kind: it substantiates it and provides evidence that you have it - no more and no less.
    Actually, it can make it worth a LOT more. A registered copyright allows the owner to sue for statutory damages which can be up to $150,000 per work.

    US copyright laws are also honored by way of treaties in most other international jurisdictions.
    While this may be true, US judgments are typically not enforcable in other countries...I speak on this from experience dealing with thieves outside the US.

    You can sue, you can win and in the end you are left with huge legal bills and a judgment against the other party that is worth nothing in their country.

    They can simply start infringing on your work again through a new site or company if needed while knowing that it will cost you thousands of dollars in legal fees to stop them again...and their home country will not enforce the judgment. Even Australia does not recognize US judgments.

    When the infringer is outside of your home country...good luck seeing a penny from them.
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  • Profile picture of the author Mike Montgomery
    ton of great comments.

    I can see the consensus.

    I should have known Josh Anderson
    would have a definite answer.

    I would still think that people would take the
    time to put in the ebook anyway.

    If nothing else it looks more professional in
    my opinion.

    thanks everyone

    mx
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