By: David Tallan

David Tallan — Mon, 30 Jun 2008 13:46:34 +0000

It may be worth mentioning that, since 1989, the US has become a signator of the Berne Convention for the Protection of Literary and Artistic Works. As such, copyright marks and copyright registration are no longer required. To quote from the Wikipedia article:

“Under the Convention, copyrights for creative works are automatically in force upon their creation without being asserted or declared. An author need not “register” or “apply for” a copyright in countries adhering to the Convention. As soon as a work is “fixed”, that is, written or recorded on some physical medium, its author is automatically entitled to all copyrights in the work and to any derivative works, unless and until the author explicitly disclaims them or until the copyright expires”.

If that’s the case, why register? Two reasons. (1) In the States, while you don’t need registration to have the rights provided by copyright, you do need it to collect statutory damages and attorney fees. (2) Since copyright applies from the moment a work is “fixed”, it is helpful to have some method of establishing that date, should the matter come up. Copyright registration, mailing the manuscript, etc. are means to prove that date. Anything that attaches a “date stamp” to the work will do. These don’t provide the copyright, however. That comes automatically. They just help to establish when it happens.

Comments on: Copyright Web Portal Online July 1st

By: David Tallan