What it takes to have a copyright?

cheroxy wrote on 9/20/2004, 8:58 AM
I have been away from the forum for a while with school, but I have a general copyright question that seemed good for you guys. What does it take to get a copyright? I am a dental student and have a couple different scenarios.

1-if I take a picture of a disease in some one's mouth, have thier written permision to take the picture...what more do I need to say I have a copyright to that picture?

2-I use similar pictures to make a powerpoint or vegas slide presentation. What do I need to say that I have a copyright to that?

3-My wife composes a song on the piano and we record it in our "home studio." What do I need to say I have the copyright (all the different types of copyrights to a song) to that song?

I have heard that I automatically have it and I don't have to do any paperwork, but that seems to easy. Can anybody help?

thanks a million,
Carson Calderwood
aka
Cheroxy

Comments

farss wrote on 9/20/2004, 9:21 AM
As far as i know once the 'thing' takes a physical from it becomes copyright. Of course having some external way of proving that you created it and when you created it would help if it ever became an issue.
But in none of your scenarios would I imagine there'd be much value to anyone ripping off your work. I believe musical works can be registerd with the LOC but if you're outside the USA don't know if that still applies.
This isn't a very accurate description of the process of course and even though from what I'm told you have immediate protection sadly having the protection and being able to enforce it are two different issues. Not saying you wouldn't or shouldn't prevail in the end but anything legal seems to involve considerable expense and unless you are going after someone with deep pockets who'd made a motsa from ripping you off you'd have to wonder if it was all worth it.

I'm certain a search here will provide more detail and I know there's some good stuff on the VASST site.

Bob.
Former user wrote on 9/20/2004, 10:23 AM
http://www.copyright.gov/
Spot|DSE wrote on 9/20/2004, 10:36 AM
http://www.vasst.com/dvdproducts/caveats_copyright.htm
(shameless plug)

By taking the photo, by recording the song, by doing anything that creates/places the work in a TANGIBLE form, you have a copyright if it was created after April 1, 1989. However, this is not a REGISTERED work. To register it, you need to submit a copy of the tangible work to the LOC with a small fee.
cheroxy wrote on 9/20/2004, 1:46 PM
Thanks everyone.
johnmeyer wrote on 9/20/2004, 1:52 PM
If you don't register it, your copyright will be VERY difficult to defend. You can file a copyright yourself: It is neither expensive, nor difficult, nor time-consuming.

One other thing, though: If you register your copyright, you have to be willing to defend it. If someone steals your stuff, it is different than when something gets stolen from your house, and the cops come out and file a report and then try to find the thief, all at government expense. By contrast, almost all copyright violations are civil offenses and it is YOUR time and YOUR money that will be spent defending them.

I am not suggesting that you NOT file the copyright registration, but I AM saying that it provides absolutely zero protection against loss of your property, and that any recovery from civil injury will take many years and many dollars to collect.
Spot|DSE wrote on 9/20/2004, 3:40 PM
almost all copyright violations are civil offenses
Not true at all any longer. MOST copyright violations are now criminally-certifiable offenses and may be tried as such. Most are, these days, because it's a great fallback position for attorneys. They file civilly and criminally.
It's virtually impossible to defend an unregistered work, but like anything else, it can be done.
farss wrote on 9/20/2004, 3:50 PM
SPOT et al,
just one small point and one that I'm certain you're only too well aware of. All this is just fine IF you're in the USA and so is the offending party. But I'd imagine if either of you aren't then the exercise could be one of great frustration and expense.
Trying to get the police in another country interested is pretty damn difficult, one local company it seems had a HDCAM go overseas on an unpaid holiday. The gear is now advertised for hire in the UK. To date the owner has had no luck getting anyone interested. Given that I don't fancy your chances of getting action over a stolen photograph or recording unless there's very big bucks at stake.

Not for a minute saying you shouldn't do all you can to cover your butt. Perhaps the best approach is to limit the opportunity for things getting ripped off.

Bob.
johnmeyer wrote on 9/20/2004, 4:03 PM
Not for a minute saying you shouldn't do all you can to cover your butt. Perhaps the best approach is to limit the opportunity for things getting ripped off.

That's pretty much where I come out. While IP theft may be a big deal to any of us individually, it is going to be VERY difficult to get any lawyer, much less the "cops," interested in prosecuting your case.

Here's a perfect example of what I mean:

I visited New York City in June, and in Times Square there was a street vendor selling "Spider Man 2" DVDs directly across the street from the theater where the movie had just opened a few weeks earlier. Amazing moxie! Broad daylight, the DVD cases were in full view, and five hundred lawyers walking by every minute (NYC has lots of lawyers). If such blatant, obvious copyright violations of property held by a major corporation go un-prosecuted, don't expect too much relief from the courts for violation of your masterpiece.

The advice above is therefore quite sound, IMHO.

Spot|DSE wrote on 9/20/2004, 5:00 PM
Perhaps the best approach is to limit the opportunity for things getting ripped off.

Obviously I agree....which is why I push for registering copyright. It's part of the process of protection. I'm not saying "Don't keep people from stealing" because you can't. The only way to keep people from stealing your works is to not work. If you're gonna work, then you lock the doors. People will make keys to your doors. So, you've got pictures (copyright registration) so that when the cops come to see what's been lifted, you can prove you had it. Not registering your work (if you're concerned about theft) is like saying "go ahead and steal my work, I don't care."
Busman wrote on 9/20/2004, 5:19 PM
I want to buy the VASST offer. It states buy B4 Oct.1 for 89.99. When proceeding the rpice goes back up to 99.99. By the way, what is the "Apply Code" and were do I get it ???? (This happed B4 byuing a VASST product. Pls explain). Thank you.
johnmeyer wrote on 9/20/2004, 5:19 PM
Not registering your work (if you're concerned about theft) is like saying "go ahead and steal my work, I don't care."

Spot on, Spot.

So, cheroxy, get those copyright forms fill them out and send them in.
Spot|DSE wrote on 9/20/2004, 5:43 PM
Busman,
There is a code for this community, type in "COMM" in the discount box. it's cheaper than the listed advance price. We don't advertise the community prices, but they're always lower than the advertised.
Busman wrote on 9/20/2004, 6:09 PM
Thanks for the info.
Now I am having problems opening the shopping cart but I have contacted info@sundancemediagroup for help. Thanks again.
bowman01 wrote on 9/21/2004, 6:45 AM
Not sure if this is really mentioned, but as far as i know- in australia, copyright exists as soon as the photograph is taken. However it must be marked on the photo somehow with the copyright symbol or "c" in brackets, year and the person who owns it. Copyright is one of the best protections because it lasts the life of the owner plus 10 years or something like that, unlike patents or any other registerable protections which are fairly restrictive.

It is important to mark work appropriately as this will be your notification to the world "this work is subject to copyright and was done so this year by this person" you can do things to prove your ownership like sending the photo to yourself via registered post unopened. But also just having original artwork, negatives, recordings etc, will also help.

I'm no patent attorney, but as a graphic designer by trade that is what i have been taught here in australia.

Just further on that- anyone here know about walt disney's copyright issue because his original work may now be in the public domain?