View Full Version : poor mans copyright...
meandi
07-08-2006, 07:44 AM
...where you mail a copy of text to yourself certified with signed reciept
is this valid proof of ownership of intelectual property
i've heard yes & no on this question
seems to be several savy individuals on this page
any feedback
BlueStrat
07-08-2006, 08:55 AM
Originally posted by meandi
...where you mail a copy of text to yourself certified with signed reciept
is this valid proof of ownership of intelectual property
i've heard yes & no on this question
seems to be several savy individuals on this page
any feedback
Totally bogus.
The fact is, you own intellectual property the moment it's placed in tangible form; i.e, recording, print, or sheet music . At that time, it is legally copyrighted material. Registering it is just that: registering ownership that already exists. It may help you if you ever want to sue someone else for infringement. It won't keep anyone from stealing your work, nor will it protect you from being sued yourself.
Try this:
http://www.copyright.gov/faq.html
http://www.copyright.gov/circs/circ1.html
meandi
07-08-2006, 10:07 AM
thanks
appreciate the response
Delle_Rose
07-08-2006, 08:48 PM
Originally posted by BlueStrat
Totally bogus.
The fact is, you own intellectual property the moment it's placed in tangible form; i.e, recording, print, or sheet music . At that time, it is legally copyrighted material. Registering it is just that: registering ownership that already exists. It may help you if you ever want to sue someone else for infringement. It won't keep anyone from stealing your work, nor will it protect you from being sued yourself.
I think that's kinda the idea, though. I mean, legally, fi you write it, it's yours. Registering it gives you some weight to throw around if need be - but it's yours regardless. I think the mailing-it-to-yourself thing just helps to give an exact date (ie: to prove you wrote it first, if the question ever comes up), as you have the Post Office's (ie: government's) date stamp on there. It's a little extra protection in case something ever happens. However, with new-fangled self-publishing and computers and even printers having a secret date-code on everything they print, you're pretty well covered, anyway. I'd imagine now, something as simple as putting it online/in a dated public forum would work for proving when you wrote it, as would E-mailing it to yourself and saving the E-mail.
BlueStrat
07-08-2006, 09:08 PM
Originally posted by Delle_Rose
I think that's kinda the idea, though. I mean, legally, fi you write it, it's yours. Registering it gives you some weight to throw around if need be - but it's yours regardless. I think the mailing-it-to-yourself thing just helps to give an exact date (ie: to prove you wrote it first, if the question ever comes up), as you have the Post Office's (ie: government's) date stamp on there. It's a little extra protection in case something ever happens. However, with new-fangled self-publishing and computers and even printers having a secret date-code on everything they print, you're pretty well covered, anyway. I'd imagine now, something as simple as putting it online/in a dated public forum would work for proving when you wrote it, as would E-mailing it to yourself and saving the E-mail.
Well, it sounds good, and I don't know if it's ever held up to a legal challenge or not, but according the US copyright office, it's a no go:
"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.
Dave Martin
07-08-2006, 09:24 PM
Originally posted by Delle_Rose
I think the mailing-it-to-yourself thing just helps to give an exact date (ie: to prove you wrote it first, if the question ever comes up), as you have the Post Office's (ie: government's) date stamp on there. It's a little extra protection in case something ever happens.
No, it's NO protection. Let me say it again for you - the 'poor man's copyright' offers no protection whatsoever. Even if you haven't read enough detective stories to know how to open a sealed envelope with no tell-tale marks, you should assume that the lawyers and judges have....
Remember that you can register collected works; if money is too tight to register each of your songs individually, register then 20, 30 or even 50 at a time. (The details and limitations of this are availablee on line). And if you think that even that costs too much, why do you think someone else would want to steal something that you don't even think is worth a couple of dollars?
Blackwatch
07-09-2006, 11:38 AM
Actually...you can fill a CD or DVD with music and register it as a collected work. As Dave says above.
If you do this though be sure to write down the songs that are on the collection as it's easy to forget what's on it. (Like I did).
And I agree with you guys, there is no substitute for a real copyright.
chris carter
07-09-2006, 11:49 AM
The most basic reason the "poor man's copyright" does not work is because you can send an empty unsealed envelope through the mail. then 5 years later you can record that Maroon 5 hit and stick it in there and seal it up.
The poor man's copyright provides absolutely zero protection. It absolutely does not hold up in court (or on the playground for that matter). I don't know how completely bizarre rumors like the poor man's copyright spread.
A man in a monkey suit saying "he wrote that!" with bananas sticking out of his ears will provide MORE protection than the poor man's copyright.
meandi
07-09-2006, 12:10 PM
a little education is a wonderful thing
thank you all for the response
most enlightening
KevinMason
07-18-2006, 05:21 PM
Originally posted by chris carter
The poor man's copyright provides absolutely zero protection.
Correct. You should all take time to read the Poor Man's Copyright Page Poor Man's Copyright Page (http://www.copyrightauthority.com/poor-mans-copyright/) It goes through some examples of why it doesnt work.