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I am about to put up a new Web site for my business, and I am filling
out the form (TX) to copyright the text. The form asks if the work
has been published. Does posting the text on my Web site constitute
publication for these purposes?
Thanks in advance for all replies.
Steve O.
Steven AATT Domain DDOOTT com
To send an e-mail, substitute @ for AATT, a . for DDOOTT, and OpComm for Domain
Standard Antiflame Disclaimer: Please don't flame me. I may actually *be* an idiot, but even idiots have feelings.
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On Sat, 20 Mar 2004 18:20:26 GMT, Steven O. <null@null.com> wrote:
I am about to put up a new Web site for my business, and I am filling
out the form (TX) to copyright the text. The form asks if the work
has been published. Does posting the text on my Web site constitute
publication for these purposes?
This is what the U.S. Copyright Office has to say about online
publication:
"The definition of publication in the U.S. copyright law does not
specifically address online transmission. As has been the
long-standing practice, the Copyright Office asks the applicant, who
knows the facts surrounding distribution of copies of a work, to
determine whether the work is published or not.
In the current copyright law, publication is defined as ... the
distribution of copies or phonorecords of a work to the public by sale
or other transfer of ownership, or by rental, lease, or lending. The
offering to distribute copies or phonorecords to a group of persons
for purposes of further distribution, public performance, or public
display, constitutes publication. A public performance or display of a
work does not of itself constitute publication. 17 U.S.C. sec. 101."
http://www.copyright.gov/circs/circ66.html#general
Not particularly helpful, is it?
I did a quick look at cases and came up with this well-reasoned one:
"[W]hen a website goes live, the creator loses the ability to control
either duplication or further distribution of his or her work. A
webpage in this respect is indistinguishable from photographs, music
files or software posted on the web--all can be freely copied. Thus,
when a webpage goes live on the Internet, it is distributed and
"published" in the same way the music files in Napster or the
photographs in the various Playboy decisions were distributed and
"published.""
Getaped.Com, Inc. v. Cangemi, 188 F.Supp.2d 398, 402 (S.D.N.Y. 2002).
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
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On Sat, 20 Mar 2004 18:20:26 GMT,
Steven O <null@null.com> wrote:
I am about to put up a new Web site for my business, and I am filling
out the form (TX) to copyright the text. The form asks if the work
has been published. Does posting the text on my Web site constitute
publication for these purposes?
Thanks in advance for all replies.
Steve O.
Steven AATT Domain DDOOTT com
To send an e-mail, substitute @ for AATT, a . for DDOOTT, and OpComm for Domain
Standard Antiflame Disclaimer: Please don't flame me. I may actually *be* an idiot, but even idiots have feelings.
Print out your web pages and offer them as brochures for sale for one cent.
They are published.
--
Best Regards, Keith
NW Oregon Radio http://kilowatt-radio.org/
Pax melior est quam iustissimum bellum.
Replace spam.98102335 with wvi dot com & del _
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Steven O. wrote:
I am about to put up a new Web site for my business, and I am filling
out the form (TX) to copyright the text. The form asks if the work
has been published. Does posting the text on my Web site constitute
publication for these purposes?
Thanks in advance for all replies.
Steve O.
Steven AATT Domain DDOOTT com
To send an e-mail, substitute @ for AATT, a . for DDOOTT, and OpComm for
Domain
Standard Antiflame Disclaimer: Please don't flame me. I may actually
*be* an idiot, but even idiots have feelings.
You really don't need written backing to claim copyright from the state.
The mere fact that you authored the work and "published" it for others to
read, is a copyright with in itself.
But only that portion of the site which is of your own true creation.
You can not claim widely used animated gif's as being copyrighted.
A website is merely another form of print media which can be accessed by any
one with a computer rather than a library card.
Distribution of said work becomes viable with visitors to your website who
read the material.
But why only copyright a world wide accesible site at the state level? Why
not go at least to the federal level?
A mere $20 will get you the minimum level for better legal protection.
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Steven O. <null@null.com> wrote in message news:<pn2p50huet0pjgo8n3rmkg30sqcfu6krb4@4ax.com>...
I am about to put up a new Web site for my business, and I am filling
out the form (TX) to copyright the text. The form asks if the work
has been published. Does posting the text on my Web site constitute
publication for these purposes?
Thanks in advance for all replies.
Steve O.
Since you haven't put it on your website yet, I would say it hasn't
been published by any definition.
Bryna
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Well, as soon as I send off the copyright application, I intend to
post the Web site publicly. So "publication", if that's what it is,
and copyright application will be simultaneous. So, *if* posting text
on a Web site constitutes publication, then I think I should cite the
text as published on the copyright application.
I'm still not clear on this, though, so maybe I'll call the copyright
office tomorrow and see if I can get a straight answer. I appreciate
everyone's replies, though.
Steve O.
On 20 Mar 2004 22:22:20 -0800, writer1234_99@yahoo.com (Bryna) wrote:
Steven O. <null@null.com> wrote in message news:<pn2p50huet0pjgo8n3rmkg30sqcfu6krb4@4ax.com>...
Since you haven't put it on your website yet, I would say it hasn't
been published by any definition.
Bryna
Steven AATT Domain DDOOTT com
To send an e-mail, substitute @ for AATT, a . for DDOOTT, and OpComm for Domain
Standard Antiflame Disclaimer: Please don't flame me. I may actually *be* an idiot, but even idiots have feelings.
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Keith wrote:
On Sat, 20 Mar 2004 18:20:26 GMT,
Steven O <null@null.com> wrote:
Print out your web pages and offer them as brochures for sale for one
cent. They are published.
Not necessary. By the mere fact that the site exists, it is considered to be
"published".
It matters not if the material is on actual paper. It is the fact that
others have access to it.
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Steven O. wrote:
Here we go again.
You really don't need written backing to claim copyright from the state.
I'll give you the benefit of the doubt and assume you used "state" as a
synonym for "government." In the US, there are no common law copyrights
anymore, and haven't been since 1978. Only the federal government can
enforce copyright.
The mere fact that you authored the work and "published" it for others to
read, is a copyright with in itself.
No. The mere fact that you fixed original expression in a tangible medium
established a protectable copyright. There is no publication requirement.
But only that portion of the site which is of your own true creation.
No. You can also obtain a protectable copyright in combinations of work in
the public domain.
You can not claim widely used animated gif's as being copyrighted.
You can if you are the author of the gifs and they meet the requirements for
a protectable work.
A website is merely another form of print media which can be accessed by
any
one with a computer rather than a library card.
Distribution of said work becomes viable with visitors to your website who
read the material.
Ding! You got that one right.
But why only copyright a world wide accesible site at the state level?
There's no such thing as a "state copyright." Only the federal government
registers copyright. There is no such thing as common law copyright. The
federal courts enforce copyright, and a federal registration is prerequisite
for an infringement suit.
Why
not go at least to the federal level?
A mere $20 will get you the minimum level for better legal protection.
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