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Fascinating story about the consequences of sharing your art in the Internet age

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Renegade:
Didn't the traditional way to prove copyright used to be to send it to yourself in a registered letter that could be read into evidence in a court?

40hz:
Didn't the traditional way to prove copyright used to be to send it to yourself in a registered letter that could be read into evidence in a court?
-Renegade (March 22, 2011, 03:33 AM)
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Yes. It was called the "poor man's copyright."

Unfortunately, it seldom held up in court. Largely because a registered letter sent to yourself is far too easy to tamper with for it to be automatically accepted as untainted evidence.

I don't know how it works elsewhere. But in the US, most courts won't recognize it as proof of anything. If you're going to go that route, it would be far more effective to provide your attorney with a copy of your work for filing, and get a receipt from him/her as to the date it was received. But that will cost you far more than obtaining a registration would.

 :)

app103:
Didn't the traditional way to prove copyright used to be to send it to yourself in a registered letter that could be read into evidence in a court?
-Renegade (March 22, 2011, 03:33 AM)
--- End quote ---

Yes. It was called the "poor man's copyright."

Unfortunately, it seldom held up in court. Largely because a registered letter sent to yourself is far too easy to tamper with for it to be automatically accepted as untainted evidence.

I don't know how it works elsewhere. But in the US, most courts won't recognize it as proof of anything. If you're going to go that route, it would be far more effective to provide your attorney with a copy of your work for filing, and get a receipt from him/her as to the date it was received. But that will cost you far more than obtaining a registration would.

 :)


-40hz (March 22, 2011, 03:43 AM)
--- End quote ---

It can be used in some rare cases as a valid proof of date of conception for an idea, provided every page in the letter was notarized prior to mailing, and the envelope remains unopened before presenting it to the court.

It is never used to prove copyright. Only can be used to establish a date when the date itself is in dispute between 2 parties that are placing a claim on something and no other means of establishing date can be found.

Example: you come up with an idea for a product and draw up a detailed diagram and description. You take it to be notarized and then mail it to yourself by registered mail and do not open the envelope after receiving it. You then consult with someone about this idea and they steal it, producing exactly what you described to them, and claim it as their own. Neither of you have a patent on the product. You decide t take them to court. It's your word against theirs and no means exists to help the court to determine what actually happened. They may accept your registered letter's postmark and notary stamps to establish a date, and unless the other party can prove they had an earlier date than you, you may win the case....maybe.

But like I said, it is rarely ever used or accepted, mostly because of non-disclosure and non-compete agreements are usually used before telling someone else you idea, which is dated and signed by both parties (actually much more credible than a notarized description sent to yourself by registered mail).

J-Mac:
Regarding protecting yourself from copyright claims, 40hz makes a good point. Reminds me however of some cases involving friends of mine. Magic sleights and effects are considered "ideas" and thus are not protected by copyright as intellectual property, though within the magic community such property is very much recognized and is critical. Yet some magicians have found themselves the target of idiots who try to come after them for copyright infringement anyway; most are just ignorant of the law. Yet while legal action will not be successful against them, the "stink" that comes within the magic community of having "stolen" someone else's work can be even more devastating. So their only real protection of that is to keep fastidious records of exactly when and where they published and/or first performed the effect. Proof of the date of publication/initial performance is often the only defense against claims of having "stolen" it from someone else.

All outside the actual copyright laws but at times even more pressing and devastating, believe it or not!

Jim

crabby3:
Ignoring the idea of copyright and not being compensated by people that are making money off his work for a minute, there is another issue that exists here...that's HIS face...not a doodle, a paint splotch, a pic of a flower or a dog...his face.

How would you feel if one of the photos of yourself or your family, that you uploaded somewhere to share with friends and family, suddenly ended up everywhere...printed on t-shirts, skateboards, book covers, magazines, etc. and you have no control over the context in which it is used? How about if someone was using your face on a dating site profile, claiming it is a pic of themselves? How about using it in some sort of context you would object to on moral grounds? If you are pro-choice, a photo of your baby being used in anti-abortion propaganda? How about your face appearing in an ad for a Herpes medication, in a way that would imply you have Herpes?

How would this make you feel?
-app103 (March 20, 2011, 10:47 PM)
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