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Hmmm.. I've always understood copywrite protection to come into effect only after a created piece of work is displayed to the public with the date and the " © " symbol or the word copywrite. I've read of cases where someone claims to have written a song or a story which was "stolen" and Published/Produced by someone with the funds to publish/produce it. Often these claims go to the publisher/producer who presented it to the public at large.
However this site says:
What is a Copyright?
Copyright is a protection that covers published and unpublished literary, scientific and artistic works, whatever the form of expression, provided such works are fixed in a tangible or material form. This means that if you can see it, hear it and/or touch it - it may be protected. If it is an essay, if it is a play, if it is a song, if it is a funky original dance move, if it is a photograph, HTML coding or a computer graphic that can be set on paper, recorded on tape or saved to a hard drive, it may be protected. Copyright laws grant the creator the exclusive right to reproduce, prepare derivative works, distribute, perform and display the work publicly. Exclusive means only the creator of such work, not anybody who has access to it and decides to grab it.
When does Copyright Protection begin, and what is required?
Copyright protection begins when any of the above described work is actually created and fixed in a tangible form.
For example, my brother is a musician and he lives in the United States. When he writes new lyrics, he prints them out on paper, signs his name at the bottom with the Copyright © symbol to show that he is the author, places it in an envelope and mails it to himself without opening it. His copyright begins at the moment he puts his idea in a tangible form by printing the lyrics out on paper. He creates proof when he mails it to himself - the postmark establishes the date of creation. He then registers his copyright with the U.S. Copyright Office which is a requirement in order to sue for monetary damages should a violation of his copyright arise. However, if somebody copies and redistributes his lyrics without permission before his copyright is registered, he still has the right to assert a copyright claim as the true author.
The above applies to digital art and graphics. Open a gif, jpg or png file that you created and look at the properties. It states the date that you saved it to your hard drive as the date of creation. If somebody copies a graphic from your web site I assure you that the date of creation on your copy of the file is earlier than the copy taken off your web site. If that still doesn't feel like enough proof for you, save everything to a floppy disk and mail it to yourself via certified mail. Keep the envelope sealed, wrap it in protective plastic and put it in a safe place.
Not sure how effective the Mailing it to yourself really is though. But there you go... |
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