In a message dated 12/23/2004 11:29:52 AM Eastern Standard Time, 
[log in to unmask] writes:

<<   Just to repeat  something rather alarming I heard at a copyright
 workshop run by Kenneth Crews of the University of Indiana a few years
 ago: copyright is only for published works. 
 
 
 It appears Mr. Crews may have changed his stance on this; the
 "Copyright Quickguide" on the web site of the Copyright Management
 Center (which Mr. Crews directs) clearly states;
 
 "As soon as you create an 'original' work that is 'fixed,' you get
 copyright protection automatically."
  >>

I'll give Mr. Crews the benefit of the doubt; there must have been some 
misunderstanding.  Before the NEW copyright law, works had to be registered with 
the Copyright Office (and not necessarily published) to have copyright 
protection.  Thus photographers used to (and many probably still do) simply compile 
their proof sheets into a book form from time to time and submit the book for 
copyright registration, thereby protecting the individual photographs at minimal 
cost.  The "book" was unique and not "published."  Under the new copyright 
law, registration is not necessary, for works are automatically copyrighted at 
the moment of creation.  But there's a catch: "automatic copyright" provides 
minimal protection: you still have to register a work for copyright in order to 
receive financial compensation for infringement.  Without registration, you 
might be able to get a restraining order to prevent someone from using your work 
without permission, and you could withhold permission until you received a 
fee, but you couldn't sue for financial compensation.

Nothing needs to be "published" in order to be registered, but most published 
works are registered for copyright.  It is normal procedure to submit two 
copies of published books, for example, with a copyright application.  That's why 
the Library of Congress book collection grows so quickly, as virtually every 
new book is submitted for copyright.

Under the old copyright law, unregistered works were not copyrighted.  
Perhaps this is what Mr. Crews was talking about.  Probably the vast majority of 
those 19th century church records were never copyrighted and therefore were 
always in the public domain.

David Haberstich

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