vpFREE2 Forums

Digest Number 5891 / Copyright protecton

#1

7a. Re: Digest Number 5891
Date: Sat Jun 14, 2008 8:44 am ((PDT))

<> in writing that they understand it's YOUR intellectural property, not to be
published / printed / etc. without an agreement with YOU!>>

This advice is a bit out of left field. Publishers receive thousands and
thousands of manuscripts. They can't just publish your work without buying
the rights from you. Copyright laws are very strong.

Tell that to my cousin. She designed several greeting cards and sent them to Hallmark to see if they would like to buy her designs. They said no. A year later she saw her cards for sale by Hallmark in their greeting card stores.

It didn't sound like this material (the joke book) yet had a registered copyright on it.

I don't think greeting cards are much different than a book in terms of copyright protection; maybe I'm wrong - and I don't think Hallmark would be regarded by most as an unscrupulous publisher - but...

A book of jokes, many of which may just be "out there" (i.e., public domain) might be very difficult to "prove" as one's own work.

Theft of intellectual property occurs all the time. It is very costly to pursue litigation to "correct" such an offense. Something in writing up-front from the publisher can facilitate the protection of one's rights.

If the author of the book doesn't want to believe me, fine - but I'd recommend contacting a copyright attorney before proceeding to send the publisher the requested full manuscript.

--BG

ยทยทยท

=================

#2

<<Tell that to my cousin. She designed several greeting cards and sent them
to Hallmark to see if they would like to buy her designs. They said no. A
year later she saw her cards for sale by Hallmark in their greeting card
stores.>>

She has a very juicy judgment coming when she sues Hallmark then, since it
will be a slam dunk to prove they copied her text and drawings verbatim.

If you just meant she saw greeting cards with similar ideas, well, ideas are
not protectable under copyright law, only expressions of ideas.

<<It didn't sound like this material (the joke book) yet had a registered
copyright on it.>>

That is probably a good idea, and very cheap and easy to do. In addition,
makers of compendia often put intentional mistakes or original material
scattered throughout the work. This makes it easy to prove someone copied
you.

<<I don't think greeting cards are much different than a book in terms of
copyright protection; maybe I'm wrong>>

In theory, no. If you send a publisher a book on left-handed popsicles and
he rejects it but says, hey, great idea, let's hire someone to write a book
on left-handed popsicles, there is no infringement.

<<Theft of intellectual property occurs all the time. It is very costly to
pursue litigation to "correct" such an offense. Something in writing
up-front from the publisher can facilitate the protection of one's rights.>>

Well, you're not going to get something in writing up front from the
publisher, but as you mentioned, you can register an unpublished work, which
doesn't really give you any more protection, but does aid in enforcement.

<<If the author of the book doesn't want to believe me, fine - but I'd
recommend contacting a copyright attorney before proceeding to send the
publisher the requested full manuscript.>>

And consult your doctor before embarking on any weight-loss program.

Cogno