Circled C for Copyright

Captain Kremmen

All aboard, me Hearties!
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I've just been browsing through eBay and found this on offer:

http://cgi.ebay.com/HUFFMAN-PHOTO-F...ultDomain_0&hash=item414fb329ac#ht_500wt_1154

It is an early photograph of a Native American, taken in 1878.
It uses the c-in-a-circle symbol to claim copyright.


I was tempted to email the vendor and tell him he had an obvious fake, but on further investigation I find that it probably isn't.
This notice of copyright symbol has been in common use only in the last 30 years, but when was it first used?

Thoughts?
 
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I can't find anything on the symbol itself, annoyingly, but copyright as protection dates back to 1662 (in the UK at least).
 
Yes.
I have found that the first requirement for a notice of copyright was an amendment to the original US law of 1790, in 1802.
I don't know if they mentioned the circled c.
Photographs were first given protection in 1865.
http://digital-law-online.info/lpdi1.0/treatise4.html

Seeing this circled c on an old photograph was a surprise to me, but perhaps Americans are more familiar with it.
 
According to Wikipedia, the symbol © is defined in the Universal Copyright Convention, which was adopted by the UN in 1952. Since standard business typewriters did not have it, other approximations were used, except in legal documents. As computers with their enormous character set supplanted typewriters, it is fast becoming universal.

I don't know how to get Special Characters in my browser (Google Chrome) but I just did an Insert in MS Word and cut-and-pasted it into this message window. That's the same way I get foreign characters. Ã ß Я Ж Σ Ø Ğ.
 
It doesn't seem to have a proper name.
Just circled-c.
The Victorians wouldn't have left it without a name, would they?

I've found some more photographs by Huffman, and none of them have this mark on them,and none are coloured. They are also superb quality and don't look as if they have been cut out of a cowboy book.
009.jpg

http://milescity.com/gallery/index.asp?gid=1

If the symbol was invented in 1952, it is probably copyright itself.
© ©
 
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It doesn't seem to have a proper name. Just circled-c.
The lawyers and contract writers I work with just call it "the copyright symbol." But then they're accustomed to a high syllable density in their speech and writing.
The Victorians wouldn't have left it without a name, would they?
If it becomes more common in vernacular language, you can bet it will acquire one with fewer than six syllables.;)
I've found some more photographs by Huffman, and none of them have this mark on them,and none are coloured. They are also superb quality and don't look as if they have been cut out of a cowboy book.
I'm no lawyer, but I know that the symbol is not required on every sheet of paper or web page where copyrighted work appears. I believe the principle is something on the order of: we're expected to reasonably assume that something that is obviously the result of significant creativity is copyrighted, and the creator is expected to reasonably not clog the courts with trivial copyright-violation suits (e.g. birthday cake decorations that have already been eaten) if he didn't use it.

It's actually pretty easy to copyright something without paying an attorney's fee. For example, if you write a poem or a song, just put a clean copy in an envelope, send it to yourself by registered mail, and keep the unopened envelope with the postmark as proof of your creation date claim.
If the symbol was invented in 1952, it is probably copyright itself. © ©
Governments (and the U.N. is treated as a government) do not copyright their creations. In fact except when overridden by security considerations, in most instances their own laws specifically prohibit them from doing so. In the course of my writing career I have created many government documents, and my contracts always stipulate that my work becomes what is known legally as public record. The taxpayers paid for it, so it belongs to them.

I've worked for a couple of small consulting firms who did not have a legal department and reused templates that a lawyer created on a previous engagement. Their blank document forms contained the words "proprietary and confidential" in the footer. The first time I sent a draft with that language to the client manager, he came storming into my office and gave me a lecture on my responsibility to the citizens who paid my salary. The second time I was proactive and asked the manager if she wanted me to remove the language and inform the consulting firm that they should have deleted it before it got to me. That lady and I subsequently got along very well.
 
It's actually pretty easy to copyright something without paying an attorney's fee. For example, if you write a poem or a song, just put a clean copy in an envelope, send it to yourself by registered mail, and keep the unopened envelope with the postmark as proof of your creation date claim.


Clever.
 
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