Copyrights

OnlyOne · Post by **OnlyOne** » Thu Dec 28, 2000 5:52 am

Just to make sure I've got my bases covered, could someone post specifically what I need to have to ensure that my characters and such are copyrighted and secure?Also, I was wondering which IRC network #Keenspace is on.

Chris Chobotor · Post by **Chris Chobotor** » Thu Dec 28, 2000 6:15 am

If you say it's copyrighted, it is for a year.#Keenspace is on DALnet.------------------
Chris out. Bowling is awesome.<A HREF="http://davidandjohn.keenspace.com" TARGET=_blank>Read my comic</A>.Don't make me bust a cap.

Todd Michaels · Post by **Todd Michaels** » Thu Dec 28, 2000 10:29 am

You are so full of crap. John Doe did NOT create comics and characters. He died on Law & Order last year ... I saw it!------------------
Todd Michaels
<A HREF="http://boardersandsister.keenspace.com" TARGET=_blank>Boarders and Sister</A>
<A HREF="mailto:boardersandsister@yahoo.com">boardersandsister@yahoo.com</A>

Leviathan · Post by **Leviathan** » Sat Jan 06, 2001 8:59 am

Well there is one other thing and that's mailing yourself your original documents, with the US post stamp on it, untampered with it's still an official document. with date and all the other hoopla official documents need.------------------
Creator of <A HREF="http://nemo.keenspace.com" TARGET=_blank>Heaven & Earth</A>

Todd Michaels · Post by **Todd Michaels** » Sun Jan 07, 2001 8:13 am

<BLOCKQUOTE>quote:<HR>Originally posted by Leviathan:
Well there is one other thing and that's mailing yourself your original documents, with the US post stamp on it, untampered with it's still an official document. with date and all the other hoopla official documents need.<HR></BLOCKQUOTE>Actually, I believe most books that suggest that say to make it Certified Mail, and they need not be the originals.------------------
Todd Michaels
<A HREF="http://boardersandsister.keenspace.com" TARGET=_blank>Boarders and Sister</A>
<A HREF="mailto:boardersandsister@yahoo.com">boardersandsister@yahoo.com</A>

Insult · Post by **Insult** » Sun Jan 07, 2001 10:46 am

Actually, the whole mail-it-back-to-yourself thing will not hold up in court. This is an old wives' tale according to the lawyers and professors i've talked to.the only thing registering your work with the library of congress will do **before** a lwsuit is brought is allow you to collect punitive damages on top of the actual damages you would presumably receive from infringement of your work. it's 30 bucks and it takes a LONG time to get back, but it's an easy form to complete. you also get a nifty letter in the mail to prove your copyright. of course, if you found infringement, you could then act to register, but you lose the ability to collect damages above and beyond the actual damages.Finally, copyright lasts for your lifetime plus a damn long time- off the top of my head i want to say 70 years, but that might be inaccurate.IANAL- but i have been deeply involved with a few copyright issues with copyright lawyers, as well as registering some of my own (non-comic) works and taking law classes on the subject. this advice is worth what you paid for it. <IMG SRC="http://www.keenspace.com/forums/smile.gif">--chris <A HREF="http://insult.keenspace.com" TARGET=_blank>http://insult.keenspace.com</A> <BLOCKQUOTE>quote:<HR>Originally posted by Leviathan:
Well there is one other thing and that's mailing yourself your original documents, with the US post stamp on it, untampered with it's still an official document. with date and all the other hoopla official documents need.<HR></BLOCKQUOTE>------------------
insult to injury
lame ass webcomic updated thrice weekly <A HREF="http://insult.keenspace.com" TARGET=_blank>http://insult.keenspace.com</A> [This message has been edited by insult (edited 01-07-2001).][This message has been edited by insult (edited 01-08-2001).][This message has been edited by insult (edited 01-08-2001).]

PDI · Post by **PDI** » Mon Jan 08, 2001 3:46 am

I've been told by a lawyer that "poor-man's copyright" works just fine ... regular ol' mail, as long as it's postmarked and unopened. Make sure to label the outside so you know, however.Of course it is technically unnecessary to do anything. You are copyrighted as soon as you publish. Putting a

Insult · Post by **Insult** » Mon Jan 08, 2001 6:34 am

an important note is that you don't even have to *publish* in order to receive protection. it's protected as soon as you touch pen to paper (or in my case, stylus to wacom tablet.) In fact, the LOC forms have space to declare whether the work is published or unpublished.This might be a question of semantics, but the point i'm trying to make is that you don't have to put something up on your page, or print it and distribute it to friends, in order for it to be protected.one more thing... remember you can't copyright the concept behind a strip, only the strips themselves. you can trademark character and strips names sometimes but that's a whole 'nother bag o' chips. <BLOCKQUOTE>quote:<HR>Originally posted by PDI:
I've been told by a lawyer that "poor-man's copyright" works just fine ... regular ol' mail, as long as it's postmarked and unopened. Make sure to label the outside so you know, however.Of course it is technically unnecessary to do anything. You are copyrighted as soon as you publish. Putting a

PDI · Post by **PDI** » Tue Jan 09, 2001 2:02 am

Of course, this all only applies to America. I have no idea how Canada, UK or Australia, for example, handle copyright.------------------
Scott Maddix
<A HREF="http://PDI.keenspace.com" TARGET=_blank>Psychic Dyslexia Institute:</A>
Where we all have special special powers

Insult · Post by **Insult** » Tue Jan 09, 2001 6:02 am

good point, scott. i keep forgetting that there are other countries out there. heck, i keep thinking california is another country <IMG SRC="http://www.keenspace.com/forums/smile.gif"> <BLOCKQUOTE>quote:<HR>Originally posted by PDI:
Of course, this all only applies to America. I have no idea how Canada, UK or Australia, for example, handle copyright.<HR></BLOCKQUOTE>------------------
insult to injury
lame ass webcomic updated thrice weekly
http://insult.keenspace.com

Quattro · Post by **Quattro** » Fri Jan 12, 2001 6:00 am

Well, that whole mail it to yourself thing will hold up in court (at least here in Canada). My illustration teacher, as well as countless others, have said all a copyright needs is your signature, someone elses (in the mailing to yourself, the government) and the date.You just CAN'T open it. That's all. As for copyrighting it yourself, that's real flaky. Not sure if that'll work.And lastly, I think I read in the FAQ that just putting your stuff on Keenspace will copyright them. Like I said before about needing a date and someone elses signature, Keenspace provides both those.Quattro

Insult · Post by **Insult** » Fri Jan 12, 2001 12:58 pm

You don't need someone else's signature, or yours, or to have the work delivered to the Library of Congress via flaming donkey, at least according to Berne. From the Library of Congress:Copyright Secured Automatically upon CreationThe 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. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration." Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both.If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date.The use of a copyright notice is no longer required under U. S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.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. Although works published without notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without notice. For further information about copyright amendments in the URAA, request Circular 38b.The Copyright Office does not take a position on whether copies of works first published with notice before March 1, 1989, which are distributed on or after March 1, 1989, must bear the copyright notice.Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected.The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.Also remember that I am not a lawyer, and neither is your illustration teacher. <IMG SRC="http://www.keenspace.com/forums/smile.gif">
<BLOCKQUOTE>quote:<HR>Originally posted by Quattro:
Well, that whole mail it to yourself thing will hold up in court (at least here in Canada). My illustration teacher, as well as countless others, have said all a copyright needs is your signature, someone elses (in the mailing to yourself, the government) and the date.You just CAN'T open it. That's all. As for copyrighting it yourself, that's real flaky. Not sure if that'll work.And lastly, I think I read in the FAQ that just putting your stuff on Keenspace will copyright them. Like I said before about needing a date and someone elses signature, Keenspace provides both those.Quattro<HR></BLOCKQUOTE>------------------
insult to injury
lame ass webcomic updated thrice weekly
http://insult.keenspace.com

Quattro · Post by **Quattro** » Sat Jan 13, 2001 3:31 am

Well, I'm sure that clears up a lot, but just to make sure, what I meant to say is that, if you create something, and it is copyrighted, but then someone else come up with something that looks exactly the same, your form of copyright may or may not be taken seriously...that's all...I mean, I can create something today, and then scribble the date on it for a couple months ago.Quattro