How do you get something copyrighted?

Is it true that in order to get something copyrighted all you have to do is mail a copy of it to yourself?

  • I have written several poems and would like to get them published, but would prefer to get them copyrighted first. I was told that if you mail a copy to yourself and don't ever open the envelope that is all you have to do. This sounds too easy is it true.

  • Answer:

    According to the US copyright office, "Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. " They also say, "The author or copyright owner may wish to place a copyright notice on any unpublished copies or phonorecords that leave his or her control. Example: Unpublished work © 2002 Jane Doe" What you are referring to is called a poor man's copyright. This is, "The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration." The only way to be absolutely sure of your copyright is to register your poems for a fee. You could register them as a collection, and so only pay once.

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When you mail something it gets a postage date stamped on it, and as long as the envelope remains sealed you would be able to use that postage date as proof of when you wrote the piece. As the previous answer says, this is "the poor man's copyright." If you were able to publish any of your poems, the publisher would be able to help you with the actual copyright.

dboat

Actually, copyright is even easier. When you write something, you have the copyright in it. You don't have to do anything. In the "old days", there was a difference between state (common law) copyright and federal copyright. If a work was unpublished, the author had the state copyright, which lasted forever as long as the work remained unpublished. Once the work was published, then the federal copyright took over. In 1978, the Copyright Act of 1976 went into effect. That act did away with the state copyright, and made the copyright effective when the author fixes an original work in a tangible medium. Further changes in 1989 to align US Copyright law to the Berne convention did away with the need to put a copyright notice on the work. What does the "poor man's copyright" do for you? Not much, really. If you need to prove that the work is yours on a certain date, then you would be doing so for an infringement action. If you bring an infringement action, you need to have your work registered with the copyright office. The "poor man's copyright" really grants you no protections under US law.

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