Copyright question? Posted by andruppets on Apr 12, 2013
Can I copyright a group of puppets all together and pay just one fee? Or Do I have to copyright each individually?

Thanks!
-Andrew
Re: Copyright question? Posted by Billy D. Fuller on Apr 12, 2013
I'm not sure Andrew, I'm not a expert on copyrights. I would think however you would have to submit design plans for each one and a copyright title research would have to be done to make sure that the copyrights do not already exist. Na might be able to help you with this one.

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

http://www.copyright.gov/

http://www.ehow.com/how_5727376_copyright-something.html

http://www.legalzoom.com/legal-copyrights/copyrights-overview.html?WT.srch=1&utm_source=Bing&utm_medium=cpc&utm_term=how%20to%20copyright%20your%20work&utm_campaign=Copyright%20|%20Search%20|%20Bing&kid=349c7de7-79fe-dce8-9ba4-000050f12511&se=msn&q=how%20to%20copyright%20your%20work&refcd=MS11467055557b_how_to_copyright_your_work&tsacr=ms243142270&cm_mmc_o=7BBTkwCjCWwc%20C%202B5YybTtflCjC2B5YybTtfjZBc%20aBCjCtBc%20fB%20gB5YybTt&ST=how%20to%20copyright%20your%20work&sc=s

Re: Copyright question? Posted by aaronTV on Apr 12, 2013
Just to clarify... Andrew, are you talking about Copyright or Registering Copyright?

Copyright exists from the moment you create something in a physical form, without having to do anything else. Registering Copyright is a process that allows you to prove your Copyright and when it was created in a legal dispute.
Re: Copyright question? Posted by Na on Apr 12, 2013
Posted by: Billy D. Fuller on Apr 12, 2013
Na might be able to help you with this one.


Not really. As AaronTV says, copyright is automatically given when you create something. You don't need to do anything else, if you originated the design, you have immediate copyright over it. However some countries have a registration service, where you can apply to have records of your copyright saved with them. This means if there's a dispute over copyright ownership, there will be an official record of you saying "yes, this is my work" - a paper trail - and so it's easier to prove/disprove someone's claims. You Americans have such a service, and it's a good idea to use it.

I'm assuming that's what you're talking about, since registration would cost money to do. As for the answer to your actual questions: I have no idea. I would guess that either talking to the Copyright Office would be a good idea, or getting yourself some time with a lawyer...

No one here should think I'm a copyright expert, especially on American laws. I have read up on some of the copyright issues but I really can't advise one way or the other on the topic. IANAL.
Re: Copyright question? Posted by Out of the Box Puppets on Apr 13, 2013
I took a class once where they suggested making a copy of you patterns, sealing them in an envelope and mailing them to yourself. Once you receive them, do not open them.  Because the US postal system time and date stamps mail and is considered a govenment stamp then this will prove when it was created.

Also, it must be an original work not your version of something you've seen then created your self. 

From my understanding copyrights are relatvely cheaper than say a patent something which does require an attorney.

Again, not an expert just what I learned in the class.

Julie
Re: Copyright question? Posted by Shawn on Apr 13, 2013
Posted by: Out of the Box Puppets on Apr 13, 2013
I took a class once where they suggested making a copy of you patterns, sealing them in an envelope and mailing them to yourself. Once you receive them, do not open them.  Because the US postal system time and date stamps mail and is considered a govenment stamp then this will prove when it was created.

This made me smile. When I was just a kid starting out making puppets I used this method to "copyright" my puppet patterns. I have no idea where those ended up. I think maybe this has some validity if there was ever a dispute but you would still have to go into court and more then likely the other lawyer would have some way of disputing it.

I do want to point out that even if you register your copyright it does not mean that you are "protected". True if someone came to you and tried to say they had come up with your puppets first and was trying to get you to stop making them you would have proof but it does not keep others from taking your designs and using them. You still have to go to court if  you want to try and keep someone from using your designs. I guess I am just not sure how worth it is to go to the headache of registering is. You know it would be interesting to know at what point the Muppet characters where registered. I have a feeling that at the start of things they where not.
Re: Copyright question? Posted by Na on Apr 13, 2013
Posted by: Out of the Box Puppets on Apr 13, 2013
I took a class once where they suggested making a copy of you patterns, sealing them in an envelope and mailing them to yourself. Once you receive them, do not open them.  Because the US postal system time and date stamps mail and is considered a govenment stamp then this will prove when it was created.

Also, it must be an original work not your version of something you've seen then created your self. 

From my understanding copyrights are relatvely cheaper than say a patent something which does require an attorney.

Again, not an expert just what I learned in the class.

Julie

I know a modicum of info about trademarks: they do require registration, and they require lots more proof of originality in order to apply for them. They also require you to police infringement heavily. For instance, if I remember right, if you discover an infringement and do not send them a cease and desist/something of a similar nature, then basically you're not protecting your trademark and you have no ability to complain when the copyrighted items are used. It's a "use it or lose it" sort of attitude from what I can gather.

Patents, copyrights and trademarks are all different and I think trademarks are what you're referring to. In the case of patents, I believe it's about copyrighting a method of production, rather than a design... but again, take with a very very very large grain of salt.

As for posting documents to yourself, I've heard that used here in Australia. We don't really have a copyright documentation process so we have to basically invent ways to document it ourselves.

I do want to point out that even if you register your copyright it does not mean that you are "protected". True if someone came to you and tried to say they had come up with your puppets first and was trying to get you to stop making them you would have proof but it does not keep others from taking your designs and using them. You still have to go to court if  you want to try and keep someone from using your designs. I guess I am just not sure how worth it is to go to the headache of registering is. You know it would be interesting to know at what point the Muppet characters where registered. I have a feeling that at the start of things they where not.

This goes back to what I was saying before: it's not about protection, it's about creating a paper trail for yourself so that if there is a dispute you can more easily point to documentation. If you have no documentation, it's harder to prove to a judge that you were the originator; if you have it, then you can dispute their documentation or lack of. Of course, you need to continue policing your work, but it does mean that once you discover an infringement you can point the person doing it to your paperwork and say "here's my proof, I'm the copyright owner, stop what you're doing". In fact, I've been able to do just that simply by pointing out to someone that their website came online 6 years after mine did (by looking at domain name registration details available to the public) and that their word-for-word copy could not possibly have been created by them (and stolen by me at a later date was where they were going with that line of argument).

As with all things legal, documentation documentation documentation.

Some good info can also be found (for Americans) via http://www.chillingeffects.org/copyright/faq.cgi

The obvious thing from that website is that copyright is much much more complicated than it seems. In some places, including the US, you must register copyrights before suing someone for infringement - although obviously that registration is not needed to politely request the person to stop. Interestingly though, and this goes back to your final thought Shawn, you can apply at the US Copyright Office for 'preregistration' where you may not have published the work yet but those types of works (music, films) are more likely to be ripped off.

Reading the forms on their website, I would guess you don't need to register as soon as something is published/used, but rather just be able to prove the originality of the creation and creator. So you could register something five years after publishing date, so long as you could prove that you originated the work. Besides which, I would guess that once the copyrights were signed over to Disney etc, they'd make sure to get all their ducks in a row about that stuff anyway. -- Which is another point and that is transfer of copyrights from one person to another. You'd probably have to refile registration or something in order to have the copyright owner info up-to-date after a transfer.

This is all the long way of saying: it's why I recommended talking to a lawyer or a similar service. This area is just way too complicated for anyone here to truly answer properly.


... Oh, and if you want a laugh:
www.copyright.gov/help/faq/faq-protect.html#elvis
Re: Copyright question? Posted by Out of the Box Puppets on Apr 13, 2013
Hahahahahahah. Do you that applies to my sighting of Big Foot as well? LOL

Julie
Re: Copyright question? Posted by Na on Apr 15, 2013
Posted by: Out of the Box Puppets on Apr 13, 2013
Hahahahahahah. Do you that applies to my sighting of Big Foot as well? LOL

Julie

Not only was I surprised to see that, but I was even more surprised at the idea that it's a question so often asked that it gets put on their FAQ section!

I guess sightings of Big Foot, Nessie, ghosts and all other things are not copyrighted, since they're not mentioned
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