Legal Stuff

[Knara]

You are definitely right in the sense that weirder things have happened, I won't argue with that.

I think, perhaps, I should reinforce to the other folks reading that we are debating important but also rather nuanced points of copyright.  Not only that, but we're debating *debated* points of copyright.

The important things, I would estimate:

- If you can afford it, register your copyright
- In lieu of that, *I* would suggest figuring out a way to self-publish it.  In my world-view, the web counts.  Make sure archive.org looks at it.  It's hard to fool archive.org into thinking your work existed in 2007 when it really didn't
- *I* don't like the "poor man's" option, but I'm clearly in the minority of those who think it works (even with preponderance of evidence in civil trials being the standard, I can easily see a clever attorney pointing out that there's no way one can be in any way certain the contents of said postmarked envelope were there when it was postmarked, etc).  Do your research, see if it sits well with you after that.
- Aggressively pursue those you find who are using your works without permission
- Obey Wheaton's Law

And, of course, realize that IANAL, and if you really find yourself getting seriously ripped off, consult a legal professional.

/but I saw some guy play one on TV once
//also, more than my fair share of exposure to legal-y stuff
///"legal-y" *is too* professional lingo  >:(

[Rob]

Indeed.  8)

[Gibson]

I wanted to mention that, while I am by no means an expert on copyright law anywhere in the world, the laws being debated (very illuminatingly) here are germane to U.S. law. Again, I don't know specifics on them, but Canadian and I believe European and Australian copyright laws are much more skewed to favour the creator. As I understand it, there is no requirement (in Canada, at least) to register a copyright like there is in the U.S., as long as you can prove that you created what you created, you hold a copyright. Also, I believe using the © is not necessary, and simply using the word Copyright works. I might also be completely misguided and have no clue whatsoever, but this comes from more than one source. If any Canadians know more about this, please correct me.

[Rob]

I don't know, things could be different in Canadia. But I can tell you that most of the U.S. law is based on a fairly recent landmark international copyright treaty that Canada was a party to. SO I doubt the recognition of what is and what is not a copyright is much different.

What may be different is what is required to file suit seeking damages for infringement. In the U.S. you have to register your copyright before you can file the lawsuit. That's a requirement to sue, it is not a requirement to obtain copyright. You obtain copyright in the US the minute the work is created. For example this post I'm writing is copyrighted by me the second I finish writing and hit the post button.

[LegendWoodsman]

From the Canadian intellectual Property Office:

You do not have to register your copyright to have protection in Canada, but when you register with the Copyright Office, you receive a certificate which can be used to your advantage in the event that your work is infringed.

A certificate of registration is evidence that your work is protected by copyright and that you, the person registered, are the owner. In the event of a legal dispute, you do not have to prove ownership; the onus is on your opponent to disprove it.

However, registration is no guarantee against infringement. You have to take legal action on your own if you believe your rights have been violated. Also, registration is no guarantee that your claim of ownership will eventually be recognized as legitimate. Note too, that the Copyright Office does not check to ensure that your work is indeed original, as you claim. Verification of your claim can only be done through a court of law.

Recent international copyright treaties appear to have more to do with trade and less to do with protecting creators.