Copyright . . .

[Athelwulf]

What does one have to go through in the US to have a copyright on something? Can ya just say "This is copyrighted, so there!", or is there some law concerning it? And what about trademarks?

Thanks in advance!

- Peace, Love, Health, and Happiness to all! Âðelwulf.

 

[Tiassa]

If, for instance, you are to submit a manuscript for publication, you simply declare the copyright on the front page. (There is a book called The Writer's Market, which comes out every year, and summarizes publication needs; as far as I can tell, you just put a copyright and date on the thing and wait for anyone to argue.)

As such, the more people who are familiar with the work, the better. To some degree, the copyright is inherent. Look down at the bottom of the Sciforums page. You'll see a familiar phrase: "Portions copyright ... Dave Watanabe". I don't know about Canadian law, since I'm under the impression this is still a Canadian website, but in the United States, the implication would be that what we write is automatically ours, whether we declare copyright or not.

However, I am not an attorney and therefore cannot dispense official legal advice.

© 2004 Tiassa

 

[Athelwulf]

Does it have to be something ye'r submitting for publication? Or can it be anything ya write?

And where can I get a copy of The Writer's Market? Is there an online version I can look at for free?

<Small>&copy; 2004 &Acirc;&eth;elwulf</Small>

 

[Asguard]

try google

or see if you can get a pirated copy in malasia

 

[Communist Hamster]

This is an Australian website isn't it?

"Portions copyright David Watanabe". Sounds like he owns what we say here. That right?

 

[Beryl]

http://www.copyright.gov/register/literary.html

There's a link to the information about getting literary works copyrighted... hopefully that will help. From there you can probably find information for copyrighting songs and such.

 

[Tiassa]

"Portions copyright David Watanabe". Sounds like he owns what we say here. That right?

Not exactly, or not entirely. If he wants to put out a "Best Of" CD-ROM or maybe dump the whole thing to DVD-ROM, I don't believe he's required to obtain further permission from us as authors. However, if you turn around and develop your idea even further and attempt to publish it for money, you do not owe Dave for your own intellectual property, regardless of where its orignial form rests. Furthermore, if anybody else plagiarizes the work, it is your issue to deal with and not Dave's. I am, however, an American. Laws may differ elsewhere.

• • •​

And where can I get a copy of The Writer's Market? Is there an online version I can look at for free?

The website has premium content. See http://www.writersmarket.com .

The annual book is available in or near the reference section of a good bookstore. It can also be purchased online at Amazon.

I recommend buying at least one paper copy of the thing to have on hand; the last one I owned not only instructed writers on how to turn a story into something suitable for submission, but included rather specific advice such as suggested spacing and typeface, paper weight and color; does anyone remember the phrase "ten pitch elite"? (These days I'm betting it's 12-point courier on 25% linen paper at a minimum, though I've been so depressed as a writer I haven't owned a copy for a few years.)

When you're ready to publish, this is the most valuable resource available. It's a solid investment. It may even be a better investment than an agent, and is at least as necessary.

 

[zanket]

What does one have to go through in the US to have a copyright on something?

My understanding is that your works are copyrighted by default. You need not put even a copyright notice on your work. There is an international agreement that respects this standard by law. However, to avoid disputes about authorship it is a good idea to formally copyright your masterpieces, which in the US involves submitting them to the government along with a fee (used to be $25 I think). They will be datestamped and archived. Then in a dispute you will have a better claim that you are indeed the author.

And what about trademarks?

Similar story. It's best to register your trademark with the government. For details Google for PTO, the patent & trademark office. They also have a search engine for existing trademarks.

 

[RubiksMaster]

What does one have to go through in the US to have a copyright on something? Can ya just say "This is copyrighted, so there!", or is there some law concerning it? And what about trademarks?

You automatically own the copyright on anything you write, as long as it is of sufficient length (you cant copyright a single word!) and original. You can then say "copyright 2004 Athelwulf" or whatever you want. You can pay a fee ($35?) to the US Copyright Office to register your copyright. Keep in mind it is hard to sue for copyright infringement if it is not registered.

Go to the US Copyright Office website and find the page with the US Copyright Law (I have a copy in the World Almanac).

For fun, I always show my copyright notice on my school papers I write.

If you want to publish your work, you will most likely have to register your copyright. Or with some companies, you sign over your copyright to the company, I think. That's why you see "copyright ABC books, Inc." or something similar.

As for trademarks, it's the same way. On some products you see the TM symbol. This means their trademark is explicitly claimed, but not necessarily registered. On others you see an R within a circle. This means that they got their trademark registered with the US Trademark and Patent Office.