Is putting a copyright note at the bottom of a typed webpage legally binding?

[blurredvision]

I was just browsing some FAQs at the always excellent site gamefaqs.com. If you don't know what this site, it basically is a database for regular gamers like myself to write up FAQs for our favorite games, then post them to the site. All FAQs are submitted mainly as basic text.

With most (if not all) of these FAQs submitted by thousands of gamers, they all put a copyrighted note at the bottom, or somewhere within the FAQ itself. I've never thought about it before, but does simply putting this copyright note with the year legally bind the document from plagarism? I always just kinda assumed you had to apply for a copyright, but I could be completely wrong.

 

[slackerinabox]

how much does a trademark and copyright cost anyways?

 

[techfuzz]

Putting a copyright notice at the bottom is enough to show due dilligence in protecting your work and it will hold up in court. Copyrights/Trade Marks do offer more protections in a court of law, but not enough to justify getting one for your personal website or FAQ you're writing.

techfuzz

 

[So]

From what I understand, since sometime in the 70s, anything that you write/create is automatically copyrighted, submitting it formally for copyright is just an extra layer of portection / proof so there is no question who the actual copyright holder is.

 

[CptObvious]

Yep, copyright attaches the moment the work is fixed. There's no need to put the © symbol or any other notice, but it's probably good practice anyway.

BTW, even if you register the work with the Copyright Office, your copyright can be held invalid by a court. It's not very strong proof of anything, since the Copyright Office doesn't check each application like the Patent Office does. Registering your copyright is required if you want to bring an infringement suit though.

 

[Jzero]

As was stated, your copyright begins the moment you set your pen to the paper. It can't hurt to put "Copyright (C) <Your Name> All Rights Reserved."

Have you ever heard of the "Poor man's copyright?" Put the document in an envelope and mail it to yourself. Don't open it, just file the whole envelope. It might not be foolproof, but the postmark on the envelope will prove that you had the document in your posession at the time.

 

[pulse8]

Originally posted by: Jzero
As was stated, your copyright begins the moment you set your pen to the paper. It can't hurt to put "Copyright (C) <Your Name> All Rights Reserved."

Have you ever heard of the "Poor man's copyright?" Put the document in an envelope and mail it to yourself. Don't open it, just file the whole envelope. It might not be foolproof, but the postmark on the envelope will prove that you had the document in your posession at the time.

I'll add that I think you need to send it certified mail in order for it to really hold up.

 

[yllus]

I thought I'd just say that you really should put the name of a legal entity beside a copyright notice on a website, if you put on the site at all. Meaning your actual name and not "YourDomain.com", which unless you incorporated in some way means absolutely nothing...AFAIK anyways.

 

[crumpet19]

I'm not sure how copyright applies to everything.. but I have been told by lawyers and producers that the 'poor man's copyright' is not legally binding. Granted that filing a copyright may not be 100% gauranteed to work, don't you think its better than just stamping your name on something and hoping that everything works out okay should the originality of your work be called into question later?

If it's something of significance or a potential money maker, you should probably contact a lawyer.

 

[Kenazo]

On another note.. copyrights are valid for 50 years after your death. Which is why a lot of companies (incorporated ones) register copyrights, rather than the individual, since the company lasts for ever. At least that's how it is in canada.

 

[Ranger X]

Originally posted by: So
From what I understand, since sometime in the 70s, anything that you write/create is automatically copyrighted, submitting it formally for copyright is just an extra layer of portection / proof so there is no question who the actual copyright holder is.

I can second this as I've also heard this from a co-worker who constantly deals with copyrighted materials and patents.

 

[Jzero]

Originally posted by: crumpet19
I'm not sure how copyright applies to everything.. but I have been told by lawyers and producers that the 'poor man's copyright' is not legally binding. Granted that filing a copyright may not be 100% gauranteed to work, don't you think its better than just stamping your name on something and hoping that everything works out okay should the originality of your work be called into question later?

If it's something of significance or a potential money maker, you should probably contact a lawyer.

It's absolutely not legally binding, but it at least is solid evidence that you had the document in your possession on a certain date. If the other party has no proof of earlier ownership of the work, it's better than nothing.

I think registering is less than $100 though.

 

[thomsbrain]

yes, it's "binding" in the sense that you are claiming it as your own. actually, you own the copyright to a work as soon you finish it. the hard part is proving it. putting the copyright symbol on it helps, because then you can say you "claimed" it, but if you really want to protect yourself, register it with the federal government. it is an easy process and costs very little. i have done it myself for songs and CD's.

 

[nullshark]

Actually, copyright term is the lifetime of the author (or longest living author if a joint work) +70 years. For corporations, it's the shorter of 95 years from publication, or 120 years from creation of the work. This only applies if the work was created after 1/1/78. Different rules apply for earlier works (older copyright law). Just FYI.

 

[Ness]

I think the big question here is this: is the content you want to be considered copyrighting worth the effort to have it sent it to the copyright office?

If it's something THAT important, I wouldn't hesitate to send it off. HOWEVER, if it isn't, then simply writting it will make it copyrighted, and a cease and desist letter to the host of someone stealing your work will easily stop infringement issues.