Claim '(c) 2008' when no copyright exists?

[VYFX]

Hello,

I have been wondering this for a long time.. Is there any law against placing "©2008 - Company Name" on a site when no legal copyright/trademark exists for the site? Would it make a difference if the phrase "All Rights Reserved" was or was not placed along with the "©" message?

Thank you.

 

[RJ]

Copyrights are obtained automatically by the author or artist the moment it is published. You don't need to file anything. Any website publisher who creates a unique website can put the © message on their sites. It is a way of indicating that you claim copyright on the material within your site.

Links:

http://www.bitlaw.com/copyright/obtaining.html
http://en.wikipedia.org/wiki/Copyright

 

[jberryhill]

when no legal copyright/trademark exists for the site?

If you wrote it, a copyright exists.

Registration of a copyright determines whether you would be able to obtain monetary damages, as opposed to simply being able to stop others, when your material is copied.

 

[IAmAllanShore]

Spot on and always a good question!

The phrase All rights reserved was once required to assert copyright (One of the rights being reserved was the "copyright".

From Wiki, who says it better than I can:

In 1989, the U.S. enacted the Berne Convention Implementation Act, amending the 1976 Copyright Act to conform to most of the provisions of the Berne Convention. As a result, the use of copyright notices has become optional to claim copyright, because the Berne Convention makes copyright automatic. However, notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit.

Links:
http://en.wikipedia.org/wiki/All_rights_reserved
http://en.wikipedia.org/wiki/Copyright

And another better writer than I am:
http://www.templetons.com/brad/copymyths.html

-Allan :gl:

 

[Spade]

If you wrote it, a copyright exists.

Registration of a copyright determines whether you would be able to obtain monetary damages, as opposed to simply being able to stop others, when your material is copied.

Thanks for the Clarification here. Truthfully I had not been aware of that difference.

Justin

 

[slaughterbeck]

If you wrote it, a copyright exists.

Registration of a copyright determines whether you would be able to obtain monetary damages, as opposed to simply being able to stop others, when your material is copied.

I never knew this. Very much enlightening.



Best wishes,
Kimmy

 

[jberryhill]

And, no, just so that we can close this one off - there is no utility in mailing things to yourself.

 

[robertjr]

Great, just great! I wasted all those stamps?

 

[jberryhill]

Great, just great! I wasted all those stamps?

Awww.. Well try this then... amaze your friends and family. Mail a bunch of unsealed envelopes to yourself, so they get a postmark. Then, when something interesting happens, write it down, put it in one of the envelopes, seal it, and then have someone open the old postmarked envelope with your "prediction" inside of it. Be the first on your block to prove how stupid the entire concept of "poor man's copyright registration" is.

 

[Dave_Z]

That's one myth busted. :D

 

[robertjr]

envelope with your "prediction" inside of it.

Oh, like everyones favorite future forecaster "Michel de" did?

For the record...The only thing I have ever sent to myself was flowers.:notme:

I was feeling kinda lonely.

 

[AdoptableDomains]

Hello,

Is there any law against placing "©2008 - Company Name" on a site

I will add there is no law against using the © symbol whether the copyright is registered or unregistered. This is unlike a trademark where the ® symbol can only be used on Registered trademarks, but "TM" can be used on unregistered trademarks.