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Museum discussion list <[log in to unmask]>
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Thu, 3 Jan 2008 19:45:55 -0800
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David Harvey <[log in to unmask]>
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Pam,

You are incorrect in regards to this issue. I suggest again that you
go to the US Copyright site and read thier FAQ.

http://www.copyright.gov/help/faq/

The old law used to require publication. This was changed in the last
copyright act. As soon as a work is created it is instantly considered
copyrighted by the author(s) / creators. No publication or
registration denies you of full rights and protections. The work does
have to be rendered into a physical media however - if it is a song it
has to either be written or recorded, the same with any performance.

You cannot copyright a name, idea, or concept.

Registration does enhance your standing in court if a dispute arises
because there is less to prove.

There are always cases in the news over disputed copyright of very
similar works - but there is a huge threshold that anyone bringing
such a case has to prove.

And again, copyright law is extremely clear about this: just because
you own a physical work (book, photos, script, art, film, etc.) does
not mean that you own the rights to that work unless you have an
express written agreement transfering those rights.

Cheers!
Dave

David Harvey
Conservator
Los Angeles, CA





On 1/3/08, Pamela Silvestri <[log in to unmask]> wrote:
>
>
>
> In a message dated 12/28/2007 2:29:32 P.M. Eastern Standard Time,
> [log in to unmask] writes:
> I would like to respectfully disagree with Pam's information.  You do
> NOT need to register your work to have any copyright protection.  The
> law states that "if it is created, it is copyrighted"  This applies to
> anything written, drawn, painted, photographed, designed.....anything
> created.  Registering a copyright only makes it easier to prove
> ownership.  Not registering a copyright does not negate anything.
>
>
>
> I'm sorry but I have to disagree with this. Not all works that are
> created/produced can be claimed/considered to be 'original' so they legally
> can't be copyright protected. Many people can and have produced work that is
> very similar and in some cases could be considered identical. And could be
> created/produced around the same time. Some original works may only be
> considered as a rendition and must be registered as such in order to be
> produced, etc.
>
> If it were so simple to consider anything and everything that is created as
> copyright protected, then there would be no purpose to registering a
> copyright with the Library of Congress. This exists for a reason and it's
> more complicated than just proving ownership.
>
> Pam
>
>
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