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Old 10-09-2011, 05:56 PM   #16
teh603
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Originally Posted by HarryT View Post
You AUTOMATICALLY hold a copyright to your work the instant that you create it. There is no process involved in doing so.
In the US (as opposed to Berne Convention signatories), you don't have full protection until you register, unless there's been some massive change to US copyright law in the last few years.
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Old 10-10-2011, 03:58 AM   #17
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Originally Posted by teh603 View Post
In the US (as opposed to Berne Convention signatories), you don't have full protection until you register, unless there's been some massive change to US copyright law in the last few years.
Quote:
Copyright Secured Automatically upon Creation
The way in which copyright protection is secured is frequently
misunderstood. No publication or registration or other action
in the Copyright Office is required to secure copyright.
Quote:
Notice was required under the 1976 Copyright Act. This
requirement was eliminated when the United States adhered
to the Berne Convention, effective March 1, 1989.
source - http://www.copyright.gov/circs/circ1.pdf

From the FAQ -

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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.
Quote:
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.
So the only thing registration does, is make it easier to prove in court.
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Old 10-10-2011, 08:17 AM   #18
gweeks
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Originally Posted by Pinecone View Post
source - http://www.copyright.gov/circs/circ1.pdf
So the only thing registration does, is make it easier to prove in court.
Umm, No. You are not actually allowed to take it into court until you have registered. The only damages you can collect for infringement that occurred prior to the registration are actual damages. You cannot get statutory damages.

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Old 10-11-2011, 12:50 PM   #19
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Not exactly what it or you say. You can go to court, just you only get actual damages.

Which is pretty limited.
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Old 10-12-2011, 04:32 PM   #20
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Originally Posted by carpetmojo View Post
Some years ago, I designed a piece of kit for use on mountains/mountainous terrain, and was advised to state on each numbered page of the design and drawings to print the word "copyright", name, and date, and deposit it with a lawyer, all as a "belt & braces" short-term protection .
Bit different to a book, of course, but I don't know if that would apply today, or indeed ever did !
Wouldn't that be covered by patent law and not copyright?
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Old 10-12-2011, 09:29 PM   #21
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Originally Posted by Pinecone View Post
Not exactly what it or you say. You can go to court, just you only get actual damages.

Which is pretty limited.
Unless it's changed in the last year, the federal courts will throw the case out without a registration to file with the claim.

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