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Copyright Question

Started by Keith Senkowski, June 23, 2004, 02:55:58 PM

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Erick Wujcik

To get back to the original question...

Quote from: Bob GoatWhen I send in my work for copyright protection, which form do I send it in with? I noticed that Form TX is for published and unpublished nondramatic literary works but Form VA is for published and unpublished works of the visual arts (pictorial, graphic, and sculptural works, including architectural works).

To quote from the copyright office instructions:

QuoteForm TX should be used to apply for copyright registration for textual works, with or without illustrations...

In other words, as I understand it (and I've registered for copyright several times), the one Form TX applies to, and protects, all the contents of a book, including the art and illustrations.

Erick
Erick Wujcik
Phage Press
P.O. Box 310519
Detroit  MI  48231-0519 USA
http://www.phagepress.com

greyorm

Thanks for providing the information, Erick!
Rev. Ravenscrye Grey Daegmorgan
Wild Hunt Studio

Peter Hollinghurst

As I actually said originally-mailing a copy to yourself does not secure copyright (copyright exists automatically on any work created)-all it does is provide a potential source of a date of production of a work in case of a legal challenge to that copyright. It does not act to ensure protection either-it is merely a factor which can be considered in a court case. In countries which have no central registry office for copyrights anything is better than nothing. The myth is that is absolute proof, or that it can ensure protection-it doesnt. In the UK nothing ensures protection.
If a challenge arise to copyright it ultimately comes down to a court case. Many are not about origin of works anyway but about how much of a work has been copied. I would imagine with the ever changing/evolving nature of electronic products like pdfs this is a mess of grey areas legally by the way. Anyone know what the state of the pdf issue is? Does it act more like software and less like a printed book? I have seen several interesting points raised elsewhere over DRM for e-books and buyers rights (such as resale) which raise all sorts of questions...

MarktheAnimator

Hello,
While I've known for years that my work is automatically copyrighted, I never understood the difference between this and getting it rigeistered.

So registering it gives me the right to sue?  

So it looks like I need to send in two copies of the printed work, along with form TX and $30 and I'm good to go.

The only problem is, my game is 432 pages!  Time to go buy an ink cartridge! :)

The reason I never sent it in is because it has been in a constant state of revision for the last 10 years.

So the decision of when to send it in (for me) was determined by me making final decisions about the work.

Also, since I haven't finished writing the last chapter, I have to wait a bit longer.

Does anybody know if you can register a work "in progress" and then update it later?  Just curious, since it is finally getting done (like I said, just one chapter to go!).

Thx again for all the info.
"Go not to the elves for cousel, for they will say both yes and no."
        - J.R.R.Tolkien

Fantasy Imperium
Historical Fantasy Role Playing in Medieval Europe.

http://www.shadowstargames.com

Mark O'Bannon :)

Peter Hollinghurst

registering it does does not confer the right to sue-you automatically have this right when the work is created-what is does it act as a potential proof of date and ownership of copyright if you do end up in court-either because you are suing or someone is suing you.
regarding partial works-im not sure-i havent read anything about that anywhere-I would assume that copyright is only intended for completed works, but then again since it applies to editions of a work I guess you could argue that any book is potential 'work in progress'. really not sure on that one.

Erick Wujcik

Quote from: Peter Hollinghurst...regarding partial works-im not sure-i havent read anything about that anywhere-I would assume that copyright is only intended for completed works, but then again since it applies to editions of a work I guess you could argue that any book is potential 'work in progress'. really not sure on that one.

You can register just about anything for copyright, including partially completed work, or even an outline.

Erick
Erick Wujcik
Phage Press
P.O. Box 310519
Detroit  MI  48231-0519 USA
http://www.phagepress.com

greyorm

Quote from: Peter Hollinghurstregistering it does does not confer the right to sue-you automatically have this right when the work is created
*sigh* Maybe in the UK, Peter. Not in the States.
You have to register before you can sue. In fact, you can register up to 30-days after the violation occurred and still sue (but only for actual damages, no statutory penalties)...but the key point is that you have to register to obtain any legal recourse. No registration, no lawsuit. Period.
Rev. Ravenscrye Grey Daegmorgan
Wild Hunt Studio

Peter Hollinghurst

*sighs*
I dont know which is worse-having to pay to register in the USA, or not having a registry at all in the UK.
With one you seem to have no protection without paying a fee, with the other you dont have a fee, but hardly have any protection!