copyright

[MANdrew]

it is my understanding that a work is is under copyright laws as soon as it is recorded in a fixed fashion such as a book or film etc. and does not need to be published. however, im curious to know if these laws apply to websites, e.g. if i wrote a story or created an image and posted it on a website, would it then be safe? thanks HK

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[TheGameHHH]

if i wrote a story or created an image and posted it on a website, would it then be safe?
Not if you wrote it, but for anybody else it's safe.

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[MANdrew]

thanks deeeeeek, how bout you just go play the game, and stay out of my posts? frat boy

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[HordeKing1]

MANDREW - Bear in mind that I never specialized in copyright law, so you should consider talking to someone who specializes in this field.

The following information may be helpful. I'm assuming you know the difference between a patent and a copyright and why you would want one over the other.

Copyright protects "original works of authorship" fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device.

Subsequent to the Copyright Act of 1976, publication is not necessary.

The US Patent Office notes that the catagory of copyrightable things is broadly construed. "For example, computer programs and most "compilations" may be registered as "literary works."

Copyright protection begins automatically when the work is created in fixed form. The copyright immediately becomes the property of the author who created the work.

*** You can register a copyright but it is not necessary to do so.

Stuff you put in your website is copyrighted, if original.

Note that there are many exceptions to copyright law such as the "fair use" loophole.

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[MANdrew]

thanks man, last question..."fixed form"? not too sure what that means

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[HordeKing1]

MANDREW - Essentailly, "fixed form" means that you make your creative idea tangible. (It can't be just an idea in your mind). You can satisfy the requirement by writing it down, recording it, or taking a photo of it, putting it on disk, making a sculpture (lol) or any other thing that transfers the creative idea from your mind to something you can point to and say, that's my work.


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[Dan]

Yes, when you create the work, you essentially own the copyright. BUT, if it was published on a website, they may reserve rights inherent in their agreement to publish it. You need to read the fine print.

Now, if a third party comes and essentially copies your work and proports that it belongs to them, you have an issue. But, unless you registered the work and can show monetary loss on your part, there's really no point in pursuing legal action.

Since it's a website issue, I assume no money changed hands anywhere, so the law really won't protect you. I suggest, if in the future you plan to make money off a creative work, you first register the copyright and be very careful where you choose to have it published. It will cost you a couple bucks and limit your options, but will protect you in the long run.

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[MANdrew]

thanks for the info
dan - i was posting my work on my own website, i was just curious as to whether i would be protected or not if someone came to my site and nabbed it from me...but its not all that good anyway, so i think im safe

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