McAnally's (The Community Pub) > Author Craft

Copyright laws?

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Yeratel:

--- Quote from: Uilos on June 05, 2008, 12:39:41 AM ---Actually, I had a similar question involving song lyrics.

Let's use the lyrics in my sig. Now, could I get away with attributing the song and singer/writer, or do I have to seek permission from them?

--- End quote ---
Attribution's good enough for a snippet of lyrics. There was a case in the news last week where Yoko Ono lost a lawsuit trying to bar a documentary film maker from using a 45 second sample of John Lennon's Imagine in a movie who's philosophy she didn't agree with. The judge ruled the song was culturally significant, and fell within the "fair use" parameters.

Cathy Clamp:

--- Quote from: Adam on June 05, 2008, 12:22:58 AM ---I notice that USA government website contains information about registering work so it's copyrighted.  That's weird, since your work is automatically copyrighted anyway under international law (which the USA has ratified).  I guess the purpose is to provide others with a common database to search, rather than to actually copyright anything.


--- End quote ---

Actually, it's not a search database at all and registration isn't required. What registration provides is the method to seek monetary damages in court in the event of plagiarism. Registration provides a "time stamp" that proves a date of creation. Without registration, the court is limited to reimbursing actual damages (which are tough to prove unless a commercial publisher produced the plagiarized copy), but an award wouldn't include things like statutory interest, attorneys fees (in prosecuting the case) future costs of collecton and such---to the author or the original publisher. Does that make sense?

By and large, registration is a good thing once the book is ready to be published. But not before. Since registration is a "snapshot" of a document, substantial edits to insert text, remove chapters or such, essentially end the registration.

Adam:
I see, good point, thank you.  I tend to use the postal service as a record, by sending completed works to myself by registered mail.  Since it is sealed by the postal service, anyone claiming my work then has to go up against the postal service's procedures.

Cathy Clamp:
Unfortunately, that method isn't a valid one. It's called a "poor man's copyright" and it's a myth it's a substitute for registration. See here for a discussion of this on the Copyright Office's web page:

http://www.copyright.gov/help/faq/faq-general.html#poorman

See, the problem with that method for the purpose of time stamping is that the Post Office is more than happy to mail a registered envelope that's completely empty with the seal not licked. There's no law or rule that they can't. While unscrupulous to later insert a manuscript and seal it, it's happened before (which is the reason it's not an accepted method.) Sorry.    :-\

Adam:
Registered post here makes the postal service liable.  If they register it, that makes it their responsibility, so they make sure it's sealed.  They don't register it until the examined contents are sealed within.  Anything sent by registered mail is given a permanent unique ID number, and the records of the post office will suffice in court as evidence of when the item was posted.

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