Poor man's copyright
Poor man's copyright is a method of using registered dating by the postal service,[1] a notary public or other highly trusted source to date intellectual property, thereby helping to establish that the material has been in one's possession since a particular time. The concept is based on the notion that, in the event that such intellectual property were to be misused by a third party, the poor-man's copyright would at least establish a legally recognized date of possession before any proof which a third party may possess.
In countries with no central copyright registration authority, it can be difficult for an author to prove when their work was created. The
... a copy could be deposited with a bank or solicitor. Alternatively, a creator could send himself or herself a copy by special delivery post (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return. A number of private companies operate unofficial registers, but it would be sensible to check carefully what you will be paying for before choosing this route.
This does not prove that a work is original or created by you...[2]
There is no provision in United States copyright law regarding any such type of protection. A work of original authorship is protected by United States copyright law once it is fixed in a tangible medium of expression.[3] According to section 412 of the U.S. Copyright Act of 1976 (17 U.S.C. 408), registration of a work with the Copyright Office is a prerequisite for copyright protection.[4] Poor man's copyright is therefore not a substitute for registration. Eric Goldman has noted that there is an absence of cases that give any value to the poor man's copyright.[5] He also states, "To establish copyright infringement, the author must show copying-in-fact and wrongful copying. The postmark has no relevance to the wrongful copying question."[6] However, according to the Copyright Alliance, the postmark could provide some value in an infringement action if it is used as evidence that the work existed on a particular date, or before the date of creation of another work.[7]
See also
References
- ^ Copyright in General Archived 2022-10-27 at the Wayback Machine, Copyright.gov, https://www.copyright.gov/help/faq/faq-general.html Archived 2022-10-27 at the Wayback Machine .
- ^ "Intellectual Property Office - How do I protect my copyright?". Intellectual Property Office. 2008-08-17. Archived from the original on July 3, 2012. Retrieved 2013-11-30.
- ^ "Chapter 1 - Circular 92 | U.S. Copyright Office". www.copyright.gov. Archived from the original on 2017-12-25. Retrieved 2022-10-27.
- ^ (www.copyright.gov), U.S. Copyright Office. "U.S. Copyright Office - Copyright Law: Chapter 4". Archived from the original on 2009-08-27. Retrieved 2009-05-17.
- ^ Eric Goldman (26 October 2016). "How Will Courts Handle A "Poor Man's Copyright"?". Archived from the original on 27 October 2016. Retrieved 26 October 2016.
- ^ Copyright, Eric Goldman · in; Evidence/Discovery; Patents (2016-10-26). "How Will Courts Handle A "Poor Man's Copyright"?". Technology & Marketing Law Blog. Archived from the original on 2022-10-27. Retrieved 2022-10-27.
- ^ "What Is a "Poor Man's Copyright"?". Copyright Alliance. 2016-09-07. Archived from the original on 2022-10-27. Retrieved 2022-10-27.