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How to Copyright

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Jeep man 22 Sep 02 - 11:43 PM
GUEST 23 Sep 02 - 04:10 AM
smallpiper 23 Sep 02 - 11:26 AM
radriano 23 Sep 02 - 11:31 AM
GUEST 23 Sep 02 - 01:45 PM
Jeep man 23 Sep 02 - 06:31 PM
GUEST,Bullfrog Jones (on the road) 24 Sep 02 - 06:11 AM
Mr Red 24 Sep 02 - 02:24 PM
Gypsy 17 Sep 04 - 10:12 PM
Stilly River Sage 18 Sep 04 - 01:37 AM
GUEST,matai 18 Sep 04 - 02:48 AM
Uncle_DaveO 18 Sep 04 - 01:51 PM
PennyBlack 18 Sep 04 - 08:19 PM
Q (Frank Staplin) 18 Sep 04 - 08:27 PM
GUEST,RIchard Bridge with no cookie 19 Sep 04 - 05:57 PM
s&r 19 Sep 04 - 06:07 PM
Cool Beans 19 Sep 04 - 07:13 PM
Q (Frank Staplin) 19 Sep 04 - 07:15 PM
Murray MacLeod 19 Sep 04 - 09:09 PM
Georgiansilver 20 Sep 04 - 03:23 AM
Georgiansilver 20 Sep 04 - 03:24 AM
s&r 20 Sep 04 - 04:01 AM
Richard Bridge 20 Sep 04 - 01:38 PM
s&r 20 Sep 04 - 02:28 PM
Murray MacLeod 20 Sep 04 - 03:33 PM
GUEST,How to copy right decorative item? 03 Nov 04 - 02:26 PM
PennyBlack 03 Nov 04 - 07:58 PM
GUEST,Songster Bob 03 Nov 04 - 11:59 PM
chris nightbird childs 04 Nov 04 - 12:12 AM
Q (Frank Staplin) 04 Nov 04 - 12:30 AM
NH Dave 04 Nov 04 - 03:59 AM
GUEST,Deb N. 09 Nov 04 - 12:18 PM
Nigel Parsons 09 Nov 04 - 12:37 PM
Richard Bridge 09 Nov 04 - 06:14 PM
GUEST,DOn't know squat about Windows 09 Nov 04 - 07:33 PM
PennyBlack 10 Nov 04 - 02:47 PM
Q (Frank Staplin) 10 Nov 04 - 02:53 PM
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Subject: HOW TO COPYRIGHT
From: Jeep man
Date: 22 Sep 02 - 11:43 PM

This may open a can of worms, but I am completly ignorant as to how to copyright songs, poems, or stories. Remember, for me you have to Keep It Simple. Jeep


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Subject: RE: HOW TO COPYRIGHT
From: GUEST
Date: 23 Sep 02 - 04:10 AM

Reading some of the other Copyright threads would be a good start


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Subject: RE: HOW TO COPYRIGHT
From: smallpiper
Date: 23 Sep 02 - 11:26 AM

Try sending yourself the song, tune or whatever through the post when you get your letter don't open put it away somewhere safe it will be date stamped and that will protect you and your material to some degree.


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Subject: RE: HOW TO COPYRIGHT
From: radriano
Date: 23 Sep 02 - 11:31 AM

Log onto the Library of Congress Copyright Office and get all the instructions. For a CD, for instance, you fill out a two page form, enclose 2 copies of the CD and a check for $30.


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Subject: RE: HOW TO COPYRIGHT
From: GUEST
Date: 23 Sep 02 - 01:45 PM

Putting a clickie for Radiano-
Copyright Office- Copyright USA 0r in words, http://www.loc.gov/copyright.
So many silly posts on half-ass methods that can be busted by any 1st year law student. Radiano points the way to clear and useful information.

Read especially the section on registration. No, it is not required, but it establishes a public record, on file at the Library of Congress. The charge is $30 for the service (sheet music, etc.; full copies of the item to be registered is required. Read the paragraph on "innocent infringement" and protection therefrom.


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Subject: RE: HOW TO COPYRIGHT
From: Jeep man
Date: 23 Sep 02 - 06:31 PM

Thanks, guys. You have answered some questions. Jim


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Subject: RE: HOW TO COPYRIGHT
From: GUEST,Bullfrog Jones (on the road)
Date: 24 Sep 02 - 06:11 AM

Just reading through the FAQ at the Copyright USA site, I found this beauty:
How do I protect my sighting of Elvis?

Copyright law does not protect sightings. However,
copyright law will protect your photo (or other
depiction) of your sighting of Elvis. Just send it to us
with a form VA application and the $30 filing fee.
No one can lawfully use your photo of your sighting,
although someone else may file his own photo
of his sighting. Copyright law protects the original
photograph, not the subject of the photograph.

Only in America!
BJ


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Subject: RE: HOW TO COPYRIGHT
From: Mr Red
Date: 24 Sep 02 - 02:24 PM

Martin Ryan (UK) gives this tip
write the tune &/or lyrics on one side of the envlope, fold (blank side out)into a closed form and seal. Address to self and post.
when needed it can be opened in front of witnesses/lawyers and the date stamp sould be self evident. Most post offices will oblige with a good franking. In the UK we are going over to printed stamps for weighed items which may have a clear date on them.
recorded delivery has the date on them and proof of posting is (was anyway) free.
This advice was copyrighted on the 3rd feb 1988 by.......


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Subject: RE: HOW TO COPYRIGHT
From: Gypsy
Date: 17 Sep 04 - 10:12 PM

Okay, where did the bit about mailing your song/tune to yourself, and keeping sealed come from? We are getting ready to (FINALLY) burn a recording for sale, and i want to copyright himselfs tunes. Seems pretty straightforward at the copyright office, you pays yer 30 ducats, and you gets yer copyright. So what is the deal with the mail? Does it really work?


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Subject: RE: HOW TO COPYRIGHT
From: Stilly River Sage
Date: 18 Sep 04 - 01:37 AM

Jeepman, where do you live? That can make a difference. In the U.S., if you have the words published in a copyright journal or other publication, make sure to keep the rights beyond what is needed for publication (First North American, etc.) and it is copyrighted for you. If you give away your rights (reprint rights, etc.) then it may belong to the publication. A lot of this may have changed in the last dozen years--I haven't written freelance for about that long, to keep track. But if it appears in a copyright publication, it is as good as copyrighted and you don't have to pay anyone (and ideally YOU were paid for it!).

SRS


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Subject: RE: HOW TO COPYRIGHT
From: GUEST,matai
Date: 18 Sep 04 - 02:48 AM

This might be an overly simplistic response but if it is an album or a book don't you simply have to state somewhere on it that copyright lies with the author (name him/her)?
If you are posting to the internet then put at the bottom: in my case

copyright matai
18th September 2004

I believe most people respect this.


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Subject: RE: HOW TO COPYRIGHT
From: Uncle_DaveO
Date: 18 Sep 04 - 01:51 PM

As I understand it, the originator has common law copyright, just by his or her origination. Everything else is doing what might make enforcement easier, if it becomes necessary, or to protect against someone else claiming copyright in the work.

Dave Oesterreich


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Subject: RE: HOW TO COPYRIGHT
From: PennyBlack
Date: 18 Sep 04 - 08:19 PM

Uncle DaveO - certainly correct in the UK and as far as I was aware most of the World (Taiwan is a big question!)

PB


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Subject: RE: HOW TO COPYRIGHT
From: Q (Frank Staplin)
Date: 18 Sep 04 - 08:27 PM

Full United States copyright regulations and much discussion may be found at the government website, www.copyright.gov: USA copyright

This has been posted on several of the threads that pop-up here, like Hydra, but I don't think it has appeared in this one.


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Subject: RE: HOW TO COPYRIGHT
From: GUEST,RIchard Bridge with no cookie
Date: 19 Sep 04 - 05:57 PM

Copyright arises automatically. Period.

There are some jurisdictional issues - in the UK for example the work must be reduced to a material form.

In the USA there is argument whether copyright is wholly federally pre-empted or whether common law copyright may subsist in relation to works that are not protected by federal (statutory) copyright. Nimmer (the great US authority on copyright) used to discuss (not sure about current editions) California cmmon law copyright protecting a tune that had only been whistled and not recorded.

What is being asked here is not how copyright arises, but how it may be proven (or evidenced) to have arisen (and when) and how first ownership may be proven (or evidenced).

And there is no such verb as "to copyright".

Bah.


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Subject: RE: HOW TO COPYRIGHT
From: s&r
Date: 19 Sep 04 - 06:07 PM

My most modern (Collin's English)dictionary gives 'copyright' as a verb meaning 'to take out a copyright on'

Stu


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Subject: RE: HOW TO COPYRIGHT
From: Cool Beans
Date: 19 Sep 04 - 07:13 PM

My dictionary, Merriam Webster's Collegiate, Tenth Edition, concurs, says copyright has been used as a transitive verb since around 1806.


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Subject: RE: HOW TO COPYRIGHT
From: Q (Frank Staplin)
Date: 19 Sep 04 - 07:15 PM

Copyright as a verb has been used since 1806- Webster's and the OED. In England, 19th c. usage.

There will always be litigation. The safest route is to follow the rules and hope you don't make any money (nothing to attract interest).


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Subject: RE: HOW TO COPYRIGHT
From: Murray MacLeod
Date: 19 Sep 04 - 09:09 PM

Much though it pains me to have to agree with Richard, I would agree that "copyright" does indeed have no meaning as a transitive verb, and its existence as a so-called transitive verb in various dictionaries speaks volumes about the competence (and comprehension), or lack thereof, of the compilers.

As stated ad infinitum on this forum, copyright subsists automatically in any published work (published being defined in the broadest terms).
You cannot "copyright" a work. Copyright already exists.
What you can do is take sensible steps to protect your work, and ensure that in the event of litigation, your case is reasonably watertight.


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Subject: RE: HOW TO COPYRIGHT
From: Georgiansilver
Date: 20 Sep 04 - 03:23 AM

In the UK I have found the best way to be putting the whole of your composition in a strong envelope....self addressed....wax sealed..send it by recorded delivery to yourself and store without opening. If in the case of legal problem then it can be opened in legal company or even by presiding judge in Court.
Best wishes.


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Subject: RE: HOW TO COPYRIGHT
From: Georgiansilver
Date: 20 Sep 04 - 03:24 AM

Sorry forgot to mention...what you place in the envelope must be the original not a copy. Best wishes.


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Subject: RE: HOW TO COPYRIGHT
From: s&r
Date: 20 Sep 04 - 04:01 AM

Murray and Richard confuse legal logic with proper and accepted English usage. Copyright as a verb means to secure copyright. Even the negative use that Murray posts above shows a perfectly acceptable usage:
You can't copyright anything...
Yes you can...in English

Stu


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Subject: RE: HOW TO COPYRIGHT
From: Richard Bridge
Date: 20 Sep 04 - 01:38 PM

No, we distinguish between proper and accepted English.

Do some historical research and you will find there have been periods in history when copyright only arose on for example application or depost. Then you could "copyright" something. Now you can't.


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Subject: RE: HOW TO COPYRIGHT
From: s&r
Date: 20 Sep 04 - 02:28 PM

But if then you could, then even by your definition I could use the perfectly valid and accepted verb...

Stu


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Subject: RE: HOW TO COPYRIGHT
From: Murray MacLeod
Date: 20 Sep 04 - 03:33 PM

Maybe we could all agree to refer to "establishing copyright", instead of "copyrighting" ...


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Subject: RE: HOW TO COPYRIGHT
From: GUEST,How to copy right decorative item?
Date: 03 Nov 04 - 02:26 PM

I have a butterfly scene I made, how do I copy right it?


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Subject: RE: HOW TO COPYRIGHT
From: PennyBlack
Date: 03 Nov 04 - 07:58 PM

What is Copyright? (N.B. UK)

Before you go any further you need to know that there is no official register for copyright. It is an unregistered right (unlike patents, registered designs or trade marks). So, there is no official action to take, (no application to make, forms to fill in or fees to pay). Copyright comes into effect immediately, as soon as something that can be protected is created and "fixed" in some way, eg on paper, on film, via sound recording, as an electronic record on the internet, etc.

It is a good idea for you to mark your copyright work with the copyright symbol © followed by your name and the date, to warn others against copying it, but it is not legally necessary in the UK.

The type of works that copyright protects are:

original literary works, e.g. novels, instruction manuals, computer programs, lyrics for songs, articles in newspapers, some types of databases, but not names or titles (see Trade Marks pages for for information about registered and unregistered trade marks);


original dramatic works, including works of dance or mime;


original musical works;


original artistic works, e.g. paintings, engravings, photographs, sculptures, collages, works of architecture, technical drawings, diagrams, maps, logos;


published editions of works, i.e. the typographical arrangement of a publication;


sound recordings, which may be recordings on any medium, e.g. tape or compact disc, and may be recordings of other copyright works, e.g. musical or literary;


films, including videos; and


broadcasts.

So the above works are protected by copyright, regardless of the medium in which they exist and this includes the internet. You should also note that copyright does not protect ideas. It protects the way the idea is expressed in a piece of work, but it does not protect the idea itself.


Read on (if your bored!):-

Copyright Definition - Microsoft Encarta 96 Encyclopedia

Copyright, body of legal rights that protect creative works from being reproduced, performed, or disseminated by others without permission. The owner of copyright has the exclusive right to reproduce a protected work; to prepare derivative works that only slightly change the protected work; to sell or lend copies of the protected work to the public; to perform protected works in public for profit; and to display copyrighted works publicly. These basic exclusive rights of copyright owners are subject to exceptions depending on the type of work and the type of use made by others.

The term work used in copyright law refers to any original creation of authorship produced in a tangible medium. Thus, works that can be copyrighted include literary pieces, musical compositions, dramatic selections, dances, photographs, drawings, paintings, sculpture, diagrams, advertisements, maps, motion pictures, radio and television programs, sound recordings, and-by special legislation passed by the Congress of the United States in 1980-computer software programs.

Copyright does not protect the idea or concept; it only protects the way in which an author has expressed an idea or concept. If, for example, a scientist publishes an article explaining a new process for making a medicine, the copyright prevents others from substantially copying the article, but it does not prevent anyone from using the process described to prepare the medicine. In order to protect the process, the scientist must obtain a patent.


History of Copyright

The first real copyright law, enacted in 1710 by the British Parliament, was the Statute of Anne. This law forbade the unauthorized printing, reprinting, or importing of books for a limited number of years.

In the United States, the founding fathers recognized the need to encourage creativity by protecting authors. They placed in the Constitution of the United States a provision giving Congress the power "to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries" (Art. I, Sect. 8). This provision gave the federal government the power to enact copyright and patent statutes. In 1790, Congress passed the first U.S. copyright law. Since then, the copyright statutes have been expanded and changed by Congress many times. A major revision of U.S. law was made in the 1909 Copyright Act, which remained the basic framework for protection until January 1, 1978, when the Copyright Act of 1976 went into effect. The 1976 act, which is the legal basis for copyright protection today, made substantial and important changes in U.S. law.


Copyright in the United States

The 1976 Copyright Act established a single system of federal statutory protection for all eligible works, both published and unpublished. For works created after January 1, 1978, copyright becomes the property of the author the moment the work is created and lasts for the author's life plus 50 years. When a work is created by an employee in the normal course of a job, however, the copyright becomes the property of the employer and lasts for 75 years from publication or 100 years from creation, whichever is shorter. For works created before 1978, the old act provided that the copyright endured for 28 years and might be extended for another 28 years, for a maximum of 56 years from publication. The new act "stretched" the term of copyrights existing on January 1, 1978, so that they would last for about 75 years from publication.


Notice

Although copyright becomes effective on creation of a work, it is lost unless a prescribed copyright notice is placed on all publicly distributed copies. This notice consists either of the word Copyright, the abbreviation Copr., or the symbol © accompanied by the name of the owner and the year of first publication (for example, © John Doe 1982). In most printed books the copyright notice appears on the reverse side of the title page. The use of the notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office. A similar notice bearing the symbol ® (for example, ® 1982 Doe Record Company) is required to protect sound recordings such as phonograph records and tapes.

A work is not fully protected until a copyright claim has been registered with the Copyright Office in Washington, D.C. To register, the author must fill out the application, pay a fee, and send two complete copies of a published work or recording, which will be placed in the Library of Congress. The sooner the claim to copyright is registered, the more remedies the author may have in any litigation.


Licensing

Copyright can be sold or licensed to others. Licenses of copyrights are normally granted in written contracts agreed to by all parties involved. For example, an author of a novel can license one publisher to print the work in hardbound copies, another publisher to produce paperback copies, and a motion-picture company to make a movie based on the novel. A sale or license of copyright made after January 1, 1978, can be terminated by the author (or by the author's family) 35 years after the sale or license. The purpose of allowing such a termination is to permit an author to obtain more financial reward if the work remains commercially valuable over a long period of time. For the sale or license made before 1978, the author has a similar right of termination 56 years from the copyright date.

The 1976 law sets up conditions for reproduction of copies by libraries and archives and for transmission of audiovisual and other programs and forbids unauthorized duplication of sound recordings. It provides for royalty payments on recorded music, on public performance of sound recordings by coin-operated phonographs, and on transmission of some television programs. A radio station that broadcasts a recording of copyrighted music is "performing" the work publicly and for profit and must be licensed to do so. In 1984, however, the Supreme Court of the United States ruled that noncommercial use of videocassette recorders does not violate copyright law.


Infringement

Copyright infringement is any violation of the exclusive rights mentioned above-for example, making an unauthorized copy of a copyrighted book. Infringement does not necessarily constitute word-for-word reproduction; "substantial similarity" may also be infringement.

Generally, copyright infringements are dealt with in civil lawsuits in federal court. If infringement is proved, the copyright owner has several remedies available. The court may order an injunction against future infringement; the destruction of infringing copies; reimbursement for any financial loss incurred by the copyright owner; transfer of profits made from the sale of infringing copies; and payment of fixed damages (usually between $250 and $10,000) for each work infringed, as well as court costs and attorney's fees. In a few cases, a criminal penalty of imprisonment and/or a fine can be imposed for knowingly infringing the copyright for profit.


Fair Use

An exception to the rule of copyright infringement is the concept known as fair use, which permits the reproduction of small amounts of copyrighted material when the copying will have little effect on the value of the original work. Examples of fair use include the quotation of excerpts from a book, poem, or play in a critical review for purposes of illustration or comment; quotation of short passages in a scholarly or technical book to illustrate or clarify the author's observations; use in a parody of some of the work being parodied; summary of a speech or article, with brief quotations, in a news report; and reproduction by a teacher or student of a small part of a work to illustrate a lesson. Because works produced and published by the U.S. government cannot be copyrighted, material from the many publications put out by the U.S. Government Printing Office may be reproduced without fear of infringement.


Advances in Technology

Technological development has produced and will continue to produce new and different ways to store information in smaller and smaller spaces, retrievable by electronic methods. Congress, in passing the 1976 Copyright Act, recognized that it could not foresee all the new methods of fixing or storing information. Accordingly, it broadly defined the category of copyrightable material to include all "original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device." Thus, an author who types a story on a computer keyboard, which stores it on a tape or disc in computer memory, has "fixed" the work on a "copy" sufficient for copyright protection.


International Copyright

Almost every nation has some form of copyright protection for authors and artists. Few, however, require the formalities necessary under U.S. law, such as marking published copies with a formal copyright notice and registering the claim with the Copyright Office.

The United States is a member of the Universal Copyright Convention (UCC), an international treaty organization in effect since 1955, designed to eliminate discrimination against foreigners in copyright protection. More than 70 nations belong to the UCC. Every member nation must give foreign works that meet UCC requirements the same copyright protection as that nation gives to domestic works and authors. An American who wishes to secure copyright protection in the United States and in UCC member nations at the same time can do so by marking all published copies with a copyright notice that satisfies the provisions of both the UCC treaty and domestic U.S. law. This notice includes the symbol ©, the name of the copyright owner, and the year of first publication. Although no such thing as an "international copyright" exists, it is easy for an author to obtain copyright protection in many nations.

Several other international conventions also provide copyright protection. As of March 1, 1989, the United States became a member of the Berne Convention, which protects without formalities any works first published in a member nation. The Buenos Aires Convention, a multilateral treaty of North and South American nations including the United States, requires a statement such as "All Rights Reserved" to be printed in the copyright notice. In February 1995 the United States and China signed an agreement to prevent companies in China from illegally manufacturing items, such as compact discs and computer software, in violation of American copyrights. The United States estimated that this piracy was causing American businesses to lose $1 billion a year. To stop copyright violations, China agreed to establish task forces and increase the power of customs officials.


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Subject: RE: HOW TO COPYRIGHT
From: GUEST,Songster Bob
Date: 03 Nov 04 - 11:59 PM

Don't use the self-mailer system in the US; all it would take is one slight-of-hand magician showing how he/she would put a playing card into a sealed envelope, and poof! there goes your protection.

US registration is inexpensive (that $30 can be one song or a whole book of 'em, though if you do the book method, a publisher -- should you get one -- will want to copyright the single song by itself later on) and establishes your claim to the song. You DO have copyright the moment you put something into 'fixed form,' but your claim isn't registered till you, well, register it.

Other countries may or may not have similar laws, but you'll have to check with your home country for the details.

And you don't have to put the copyright sigil (©) on your work, but it's always fun. BTW, that's alt-0169 on a Windoze computer keyboard -- don't know the Mac keystrokes, but I assume it's similar. Hold the alt key and type 0169, then release the alt key. Voila! the © symbol.

Bob Clayton


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Subject: RE: HOW TO COPYRIGHT
From: chris nightbird childs
Date: 04 Nov 04 - 12:12 AM

Windows has the copyright symbol in with the rest of its symbols. Just go to the "insert" menu...


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Subject: RE: HOW TO COPYRIGHT
From: Q (Frank Staplin)
Date: 04 Nov 04 - 12:30 AM

Posted in other threads:
USA- Copyright
The full regulations there.

UK- Copyright UK
The regulations there.

I think more mis-information has been posted on this subject in Mudcat than any other.
Pennyblack's comments about the UK are essentially correct (Some changes coming, EU stuff). But read the UK regulations and follow them.

The Microsoft encarta is inaccurate and out of date re USA.
For protection in the USA, register the work and PAY the fee.!
(echo Songster Bob, above)


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Subject: RE: HOW TO COPYRIGHT
From: NH Dave
Date: 04 Nov 04 - 03:59 AM

One of the points that frequently comes up, in the case of music and lyrics is protecting someone who developes a new arrangement to music that is in the public domain. Groups like the Weavers and Steel Eye Span copyright their improvements/arrangements to the work in question, to preserve their rights to it and any revenues generated by others utilizing their material. The Weavers copyrighted their materials under the name of Paul Campbell, while Steel Eye Span seems to have used their band's name. This practice is common in music, and requires "marked changes" be made to the older work in order to gain your own copyright. Just how much is judged to be a marked difference is a murky point and up for argument. Similar cases hold for patents, and the "inventer" of the waterbed justifyably credited Robert A. Heinlein with its genesis, saysing that he merely put Heinlein's ideas into practical use.


Dave


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Subject: RE: HOW TO COPYRIGHT
From: GUEST,Deb N.
Date: 09 Nov 04 - 12:18 PM

I'm trying to find out how to copyright original music, and whether it is worth the expense if the music is written for worship. I've written about 15 pieces, some of which have been performed by my church choir, and would like to work with a collaborator on arranging some of this music. Do I need protection so that person doesn't "steal" my originals and try to profit from them?


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Subject: RE: HOW TO COPYRIGHT
From: Nigel Parsons
Date: 09 Nov 04 - 12:37 PM

Guest DebN:

You already have copyright on the music. All you are seeking is protection against someone claiming they wrote them first.

The performance by the church choir gives you a number of witnesses (singers & congregation) to support you if anyone does try to claim the pieces as their own.


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Subject: RE: HOW TO COPYRIGHT
From: Richard Bridge
Date: 09 Nov 04 - 06:14 PM

Pater Noster qui est in fidelis...


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Subject: RE: HOW TO COPYRIGHT
From: GUEST,DOn't know squat about Windows
Date: 09 Nov 04 - 07:33 PM

How and where do I find the Windows "insert" menu" , as recommended by chris nightingale above ??


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Subject: RE: HOW TO COPYRIGHT
From: PennyBlack
Date: 10 Nov 04 - 02:47 PM

© = Ctrl+Alt+c


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Subject: RE: HOW TO COPYRIGHT
From: Q (Frank Staplin)
Date: 10 Nov 04 - 02:53 PM

© - in HTML, & plus# plus169 plus semicolon


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