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Copyright
- Thread starter CliveC
- Start date
In the UK everyone has automatic ownership of any original work. Claiming copyright simply reinforces that ownership and shows the world that you intend to act in the event of anyone copying or using it without your authority.
Of course if it came to that you would have to be able to show that it is your original work, not just lifted from someone else's efforts!
Conversely, if your Defendant can show that the matter complained of was produced independently of your work you would not be protected; there is nothing to prevent people arriving, by their own efforts, at the same result as yourself.
But it is sound practice to stake your own claim on anything you publish.
No formality is required ; you just put the words "Copyright (C)" and preferably the year on the web page and any other media carrying your work.
Claiming Copyright in other countries is a different matter and may need specialist legal advice.
So you need to decide how important it is to you to have protection in those countries and if it is, then I am afraid you are in a different ball game - and not a cheap one!
Of course if it came to that you would have to be able to show that it is your original work, not just lifted from someone else's efforts!
Conversely, if your Defendant can show that the matter complained of was produced independently of your work you would not be protected; there is nothing to prevent people arriving, by their own efforts, at the same result as yourself.
But it is sound practice to stake your own claim on anything you publish.
No formality is required ; you just put the words "Copyright (C)" and preferably the year on the web page and any other media carrying your work.
Claiming Copyright in other countries is a different matter and may need specialist legal advice.
So you need to decide how important it is to you to have protection in those countries and if it is, then I am afraid you are in a different ball game - and not a cheap one!
HenriM's advice closely matches the situation in the U.S., at least in part because there have been various levels of international agreements on copyright matters. After all, having a copyright enforceable in the U.S. is pointless if someone in Canada could be free to infringe.
Generally, as HenriM pointed out, the author/artist/creator is automatically endowed with the copyright at the time of creation (except works for hire). Putting (c) copyright 2003 Me, all rights reserved on something isn't necessary, but it does serve as a reminder, and gives notice on who the copyright holder is. Also, there are more than a handful of ignorants who believe that the lack of such notice means that your content is free for the taking.
In the U.S., registering a copyright with the Federal government (see: ) provides a level of proof, and allows you to collect additional damages should you win against an infringer.
Also at is the ability to search for a registration. I looked up one of mine and found it easily, though it doesn't give a lot of detail. --------------
Generally, as HenriM pointed out, the author/artist/creator is automatically endowed with the copyright at the time of creation (except works for hire). Putting (c) copyright 2003 Me, all rights reserved on something isn't necessary, but it does serve as a reminder, and gives notice on who the copyright holder is. Also, there are more than a handful of ignorants who believe that the lack of such notice means that your content is free for the taking.
In the U.S., registering a copyright with the Federal government (see: ) provides a level of proof, and allows you to collect additional damages should you win against an infringer.
Also at is the ability to search for a registration. I looked up one of mine and found it easily, though it doesn't give a lot of detail. --------------
We have not really answered your question, have we?
Reading it again you appear to have a situation where you need to enforce a copyright and no, I have not had this experience. If I had, there is no certainty that my situation would be relevant to yours.
Do you have 'Copernic'? If not I recommend that you go to the website and download it for free.... This is not just a browser , it searches all of them.
I have just used it, searching for the single word 'Copyright'. I got 68 results and without going beyond the first page it is clear to me that there is at least one which will give you more help than any of us could offer.
Do try it.
Reading it again you appear to have a situation where you need to enforce a copyright and no, I have not had this experience. If I had, there is no certainty that my situation would be relevant to yours.
Do you have 'Copernic'? If not I recommend that you go to the website and download it for free.... This is not just a browser , it searches all of them.
I have just used it, searching for the single word 'Copyright'. I got 68 results and without going beyond the first page it is clear to me that there is at least one which will give you more help than any of us could offer.
Do try it.
Hi mate,
Although I have never been through a court case because of this, I have had a few cases where people have copied my pages to the letter, one even left in a reference to one of my sites.
In all the cases that I have been involved in, a simple e-mail to them telling that you have proof of ownership and that you intend to take the matter further results in the material being removed.
One case where this happened to me was when a user on this site asked for a site review. I viewed the users site and opened a page only to find my code staring me in the face. This was the one with the reference to my site visable on the page.
After a warning e-mail from me they replied stating that they had personally made the code in question and would not remove it from the Internet. This was enough for me and I passed it to a laywer freind of mine who started threatening the person with legal action.
Sure enough, the material was removed quickly after that.
If you want a cheap way to prove copyright of a website etc, put it on a floppy and send it by recorded delivery to yourself. Do not open the letter when it arrives. If the need arises, take that letter (Which is stamped with the date) to the court and only open it in front of a judge.
Hope this helps Wullie
The pessimist complains about the wind. The optimist expects it to change.
The leader adjusts the sails. - John Maxwell
Although I have never been through a court case because of this, I have had a few cases where people have copied my pages to the letter, one even left in a reference to one of my sites.
In all the cases that I have been involved in, a simple e-mail to them telling that you have proof of ownership and that you intend to take the matter further results in the material being removed.
One case where this happened to me was when a user on this site asked for a site review. I viewed the users site and opened a page only to find my code staring me in the face. This was the one with the reference to my site visable on the page.
After a warning e-mail from me they replied stating that they had personally made the code in question and would not remove it from the Internet. This was enough for me and I passed it to a laywer freind of mine who started threatening the person with legal action.
Sure enough, the material was removed quickly after that.
If you want a cheap way to prove copyright of a website etc, put it on a floppy and send it by recorded delivery to yourself. Do not open the letter when it arrives. If the need arises, take that letter (Which is stamped with the date) to the court and only open it in front of a judge.
Hope this helps Wullie
The pessimist complains about the wind. The optimist expects it to change.
The leader adjusts the sails. - John Maxwell
Of course Wullie is right; a lot of people do not realise that copying breaches an author's rights and will respect them once the matter is brought to their attention.
I think, however, that there is a risk of missed opportunity here; why not add to the e-mail the comment that if the user wishes to continue using the material, perhaps a suitable financial arrangement can be made?
' An old bull and his son were in a field next to a herd of cows. Young bull said "Dad, why don't we crash through the hedge and grab ourselves a couple of cows?"
Old bull replies "No, lets just amble through the gate and seduce the lot". '
I think, however, that there is a risk of missed opportunity here; why not add to the e-mail the comment that if the user wishes to continue using the material, perhaps a suitable financial arrangement can be made?
' An old bull and his son were in a field next to a herd of cows. Young bull said "Dad, why don't we crash through the hedge and grab ourselves a couple of cows?"
Old bull replies "No, lets just amble through the gate and seduce the lot". '
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