Date: Wed, 20 Oct 2004 09:11:38 -0400
From: "Michael Walsh" <MJW at press.jhu.edu>
To: <WSFAlist at WSFA.org>
Subject: [WSFA] Copyright, was  Re: Capclave
Reply-To: WSFA members <WSFAlist at WSFA.org>

> dicconf at radix.net 10/20/04 1:46:30 AM >>>
>On Tue, 19 Oct 2004, Jim Kling wrote:
>
>> Monday, October 18, 2004, 11:07:52 PM, WSFA members
>wrote:
>>
>> > No author wishes his work in the public domain.  To be
>copyrighted, a work
>> > must have a declaration of copyright ("copyright 20--
>[name]")
>>
>> No, it doesn't. According to the US Copyright Office:
>"Copyright is secured automatically when the work is
>> created, and a work is "created" when it is fixed in a copy
>or phonorecord for the first time." A declaration
>> of copyright certainly is not required.
>
>This, acto Jack Speer, is so-called "common law copyright"
>and reflects
>the position that a man's work is zis property to do with as ze
>wills.  If
>the work is published and distributed, then Ted's requirement
>applies
>unless the author actually wishes to place zis work in public
>domain (as
>some do).
>
>> > , and it used to be required that copies be registered with
>the copyright office, but for now the
>> > declaration alone is sufficient.   Republication without
>including the prior copyright notice is a violation
>> > of that copyright.
>>
>> I don't see how. See above.
>
>Distribution to anybody who wants a copy without this
>procedure PD's it.
>Curiously, distribution to a definite limited list -- all members of
>FAPA,
>or of WSFA, or for that matter of CapClave -- does not.
>
>-- Dick Eney

Here's what the Library of Congress sez:

When is my work protected?
Your work is under copyright protection the moment it is created and
fixed in a tangible form that it is perceptible either directly or with
the aid of a machine or device.

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the
moment the work is created. You will have to register, however, if you
wish to bring a lawsuit for infringement of a U.S. work. See Circular 1,
Copyright Basics, section Copyright Registration.

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to
register their works because they wish to have the facts of their
copyright on the public record and have a certificate of registration.
Registered works may be eligible for statutory damages and attorney's
fees in successful litigation. Finally, if registration occurs within 5
years of publication, it is considered prima facie evidence in a court
of law. See Circular 1, Copyright Basics, section Copyright Registration
and Circular 38b, Highlights of Copyright Amendments Contained in the
Uruguay Round Agreements Act (URAA), on non-U.S. works.

Source: http://www.copyright.gov/help/faq/faq-general.html#what

mjw