View Full Version : Does anyone know how to get a copyright? _^..^_
sharoninseattle
May 11, 2005, 03:01 PM
Does anyone know how to go about getting a copyright? I have heard different things, but was wondering if anyone actually got a copyright.
Thankyou,
_^..^_
crochet smartcat
May 11, 2005, 03:23 PM
A fairly easy way to copyright your pattern, is to send it to yourself via certified (registered) mail, make sure the option you choose requires a signature and date. Then DO NOT OPEN IT, file it away with a copy to identify it. This does count as a copyright, because you have a verifiable date of creation.
If you ever have a copyright dispute, you can take this envelope to your lawyer and have them open it to verify the contents. Never open it on your own, because although you can swear that it is the original contents, no one would believe you fully unless it is opened in front of legal witnesses.
If you want to be completely legal about it, see this site http://www.copyright.gov/register/visual.html. It completely describes the government copyright procedure.
Tandy
sharoninseattle
May 11, 2005, 03:42 PM
Thanks a bunch for the site. :clap
I did hear about the mail-it-to-yourself way, but I also heard that it is only temporary. :think
I want to copyright my kitty symbol _^..^_ , I don't think anyone else has this.
My quotation is:
Sharon in Seattle.......Counting Stitches......with my _^..^_ (kitty)
I put the kitty symbol on the shoulders bags I crochet. I don't have a digital camera yet to posts them. But it is in the works.
Thanks again from,
Sharon in Seattle...counting stitches....with my _^..^_ :cat
hpjrt
May 12, 2005, 09:34 AM
I'm NOT a copyright/trademark lawyer ... but I've had a good deal of experience with both in Canada ... which is where I live.
In terms of copyright ... virtually anything that's published is, in fact, copyrighted. However, you are merely using symbols that are available to anyone with a keyboard ... and as such I'm not sure that it CAN be copyrighted. You should check that out.
Also, just because something is copyrighted, doesn't mean that someone else can't use it. You have to protect said copyright ... which means that if, in fact, it CAN be copyrighted [some things can't be copyrighted ... titles, phrases etc] ... then you'd have to legally notify someone that they have infringed upon your copyright ... at which point you'd have to prove that you A) hold a copyright and that B) you have had that copyright for longer than the other person who was using it.
Also ... you need to have an Internationally recognized copyright ... otherwise, your copyright only applies to your own country ... and the Internet is international.
If you want to protect this image on your projects, then what you're actually looking for is a trademark ... quite different from a copyright ... and considerably more expensive and time consuming. Trademarks are more easily upholded in a court of law and thus offer more protection for intellectual properties. I'm not sure that it's worth it for you financially ... and even with trademark protection, it's STILL up to you to zealously uphold your trademark by legally pursuing anyone who has infringed upon your mark. Again, given that you're using keyboard symbols, I'm not at all confident that you CAN trademark it ... but a trademark expert [ie lawyer] should be able to advise you on that.
The other thing about trademarking that's annoying is that when applying for a trademark, you have to be very specific of the objects to which this trademark applies. For instance, you would have to list anything you "might" crochet that might carry this trademark. If you leave something out ... and then put your mark on it, that specific object would not necessarily be protected under your legal trademark. Just saying "crocheted items" wouldn't be enough.
If I were you ... I'd continue to use this "signature" and not worry whether or not anyone else is using it until and if you begin to produce so much unique stuff that you can financially afford trademarking. Chances are that no one is going to swipe your "mark" ... it's not unique enough ... which is why I'm not sure you could actually either copyright or trademark it.
It's a signature ... and I'm not at all sure that you can copyright a signature. I could definitely be wrong on that ... it's been known to happen ... LOL. However, I'd check things out as much as possible, if I were you. There's no point in trying to insist on the existence of some legal protection that can't be upheld. JMHO
Mary
xantha
May 12, 2005, 09:49 AM
If you want to protect this image on your projects, then what you're actually looking for is a trademark ... quite different from a copyright ... and considerably more expensive and time consuming.
You beat me to it. What it sounds like she wants is a Trademark, not Copyright.
Sharon, take a look here (http://www.lawmart.com/searches/difference.htm).
Copyright is protection for something you've created, the form of it. Like a pattern, a poem, music.
A "Trademark is a word, name, symbol or device which is used in trade with goods to indicate the source of the goods and to distinguish them from the goods of others."
Sounds like what you want is a Trademark.
jingles96
May 12, 2005, 10:36 AM
From everything I've heard, copyright is automatic. You create something, write something, whatever, you own the copyright to it. Defending the copyright is a different story (here's where registering the copyright comes into play), but essentially everything you create automatically has a copyright.
xantha
May 12, 2005, 01:40 PM
From everything I've heard, copyright is automatic. You create something, write something, whatever, you own the copyright to it. Defending the copyright is a different story (here's where registering the copyright comes into play), but essentially everything you create automatically has a copyright.
To an extent, that's also true about trademarks. However, defending it in court is a whole different story.
Amy
May 12, 2005, 03:29 PM
Check out Creative Commons--it's a great way to protect your work:
http://www.creativecommons.org
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