General Question

mithical's avatar

Copyrighting by mailing yourself?

Asked by mithical (289points) September 1st, 2011

I was reading over some posts on a site I frequent and kept coming up with a discussion about the possibility of copyrighting a piece of work or content by mailing it to yourself.

It said something about the “official” government seal that post offices use can help to verify that you indeed own copyrights to whatever works you mailed yourself in case one day it may be stolen.

Can someone elaborate on this?

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9 Answers

dreamwolf's avatar

This is called the “poormans copyright.” should you ever go to court, the mail and date postage would serve as proof that the idea or whatever you had thought you copyrighted was yours. But there is such a thing as getting copyright materials actually registered. copyright.gov

dreamwolf's avatar

You generally wouldn’t win in court with the Poormans Copyright.

dreamwolf's avatar

Because its not official and acknowledged by the U.S. Government.

SavoirFaire's avatar

Copyright is granted upon fixing your original work in a tangible medium of expression. It applies to published and unpublished works alike. You do not have to register anything. No one else even has to know your work exists. Once it is fixed in a tangible medium of expression, it is protected and you retain the rights until you voluntarily give them away or until the work becomes part of the public domain.

You can register a work with the U.S. Copyright Office—the purpose of which is not to copyright your work, but rather to create a public record of your creation so that you can prove your work came first—but there is really no such thing as a “poor man’s copyright.”

Here it is in the U.S. Copyright Office’s own words:

“The practice of sending a copy of your own work to yourself is sometimes called a ‘poor man’s copyright.’ There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.”

In other words, this is one of the many myths concerning copyright law that floats around.

Disclaimer: I am not a lawyer. The above is based on seminars I’ve taken on copyright law, discussions with colleagues who have studied and/or practiced copyright law, and FAQs available at copyright.gov. This information may be out of date or based on a misunderstanding. It is always advisable to speak to a practicing lawyer.

YARNLADY's avatar

If you ever have to go to court over this, you probably will be in for a lot of trouble. However, it can be effective for a cease and desist order to stop using your material.

Roby's avatar

I have some articals published in a non-paying market but published nevertheless.
They do contain a Copyright circle ‘C’. Would this hold up in any court? Although I doubt anyone would ever want to plagerize my work. LOL

chewhorse's avatar

The poorman’s copywrite goes beyond just mailing because it can be manipulated, that’s why it won’t protect but if you have it notorized then in front of the notory public you seal it followed by creating a mark across the flap that would void the seal if opened then have the NP mail it off to you (especially certified mail).. If someone used it you could (possibly) receive some financial compensation (like a percentage) because of the proof but could not prevent them from using it if you go to court. The adverse publicity of your declaring owner ship would be enough for them to settle rather than fight it in court where the public could view the process. It can work but it isn’t fool proof.

SavoirFaire's avatar

@Roby No one can say what will or won’t hold up in any particular case, but what you have would count as strong evidence in your favor. As noted above, copyright requires no registration. Even the © isn’t required anymore, though it does imply a willingness to defend your copyright. Still, a published and datable copy with the © is helpful.

In order to bring a lawsuit in the US, however, you must register your work at copyright.gov. This can be done just prior to filing a suit, but registration can double as strong evidence when done earlier. I don’t personally find it worthwhile to register every single thing, especially if I have no real fear of it being plagiarized; but some people want as much protection for everything they create as they can get.

As @YARNLADY and @chewhorse note, however, weaker pieces of evidence can still be effective in getting people to take down plagiarized material or force a settlement. Many cases have been won on weak or circumstantial evidence, after all, and very few people really want to go to court when they are guilty (even if they think there’s a shot of beating the rap). Court is always a risk for everyone involved.

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