Technology

He "poor man’s copyright" Do they really work?

Copyright registration or copyright of the poor?

Many authors, photographers, novelists, and other creative professionals rely on the “poor man’s copyright” method: mailing copies of their own work to each other and leaving the envelope sealed, thus “proving” legal ownership of the enclosed material.

But does this really prove anything… or is the attempt just a waste of money?

Copyright protection is automatic

When you create a song, poem, music video, painting, or any other copyrighted work, copyright protection is automatic. You created it; it’s yours.

But there is a rather noticeable difference between having certain rights and protect those rights in court.

Copyright registration is the only legal evidence accepted in court

According to the US Copyright Office’s “Copyright Basics” publication, official registration has definite advantages (although protection does not depend on it), possibly the most important being that, if copyright infringement, registrations of works that originated in the United States are necessary to file a lawsuit.

Yes, you read that right: Without a copyright registration, you cannot sue someone for copyright infringement.

Another excellent reason to register sooner rather than later involves the potential payment of legal fees, in the event of a successful outcome in court; if the official registration is not carried out before the infringement or within 3 months after the publication, only actual damages (without legal damages and legal fees) can be awarded.

Suddenly, the $35 registration fee that poor man’s copyright advocates try to avoid doesn’t seem so big or imminent anymore.

The copyrights of the poor are not backed by law

One final nail in the coffin comes via the same post:

“The practice of sending yourself a copy of your own work is sometimes called ‘poor man’s copyright.’ There is no provision in copyright law for such protection, and it is not a substitute for registration.”

It is clear that deciding to save money by choosing to copyright the poor is a myopic view of reality, and that any rational look at future finances supports the decision to officially register a copyright.

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