Poor Man Common Copyright

Published on January 10, 2004 By joetheblow In WinCustomize News

I just learned of this and feel that I should share it so here it goes.

Technically, at least in the USA, if you make an original item or object it is yours. So, for example, if I make a skin or a painting it is technically copyrighted under my name and I own it.

But how do you prove it? That is when the US Post office comes in.

If you want to save something for a possible court day with the offending party, all you have to do is put it in a self addressed stamped envelope. (make sure the postmaster STAMPS the envelope. some postal workers are actually nice and they might not stamp it because the envelope is going in a circle to yourself)

Once you receive your stamped envelope you keep it in a safe place never opening it. (Until that fateful day when you need it)

there it is! You have now proof of when YOU created the item and a seal from the US Postal service of that item.

For computer items just send yourself a self addressed envelope with the disk of CD of your images, skins, walls, whatever and your done. In fact make 2 copies (or more if needed) and send it to yourself. That way if you have to open one you still have others.

I am in the process of re-updating my website and in it will be helpful tips like this for those who wish to research and read it. You can browse through it now if you wish until I can update it with more info (Once I get my new computer I can actually get to work)

http://joetheblow.modblog.com
http://joetheblow.joeuser.com
http://jtb-development.joeuser.com

Also at the link provided as well.

What do you think? Any one know of this way to copyright something?

Comments (Page 2)

horiz0n

on Jan 11, 2004

anything you make is copyrighted to an extent, and all the proof you need is an original file, ie photoshop file with layers intact, the 3d file, the vector file, etc... walking around with a jpg proves nothing. So never let the original file go, only rasterized bitmaps, things like that.

joetheblow

on Jan 11, 2004

I guess I would have to research this further... maybe find case law that has used post dated self addressed envolopes as proof of an original state of something.

I was shown this in Law class and allot of it is based on the fact that the postal service if a Federal entity. While I agree with you Bakerstreet and oSo, the idea is that if you DON'T have the money this one one way of doing it until you do... a 34 cent stamp.

Also, as far as sealing the envolope, you can possibly seal it in such a way that it will look tampered with if opened. Yes courts have excepted and used as evidence the self addressed sealed envolope and NO it is not as good as going to the copyright office.

This is a way of tracking your copyright and having a record of your evidence whether it be a peice of paper or a file.

I posted this in the hopes that it would hopefully start a discussion and keep people informed about the possibilities. I am glad many responded to it and with related information. I hope it helps someone because it has helped me.

bakerstreet

on Jan 11, 2004

Have you guys looked up how much it costs to copyright something officially? It costs next to nothing to copyright something, especially if you copyright 'collections' of smaller works.

"this one one way of doing it until you do"

No, honestly it isn't.

"you can possibly seal it in such a way that it will look tampered with if opened"

Yes, but only you know WHEN you sealed it, and if the manuscript was in it when it was mailed. You could easily mail it, and later put in someone else's manuscript and seal it in the manner you allude to.

"Yes courts have excepted and used as evidence the self addressed sealed envelope"

No one has ever, in all the years I have grumped about this, been able to show one single time this was used successfully to prove anything. Until I find a *modern* case where someone has taken someone's rights away with an envelope, it is urban legend.

*

Think of how it could be abused BY big business. Trying to take some one's property away based on a postmark? How easy would it be for, say, Bantam or someone to get about 1000 manila envelopes postmarked hold them a number of years, and then as they receive manuscripts just pop them in and seal them? Someone who plans ahead could always have an older postmark.

No, if this were true it would certainly not benefit the "poor man", it would be used to bleed him dry.

kibble

on Jan 11, 2004

I think what you are missing here, when talking of court cases and such, is that the post master who stamped the document/manuscript/ect. only needs to verify the date stamped on said item. the item itself is proof of the work done. eg. someone writes a jingle for foot powder, he then take the jingle in it's completed form to the postmaster in his area and gets it stamped for proof of date. That is all, the postmaster is not there to read it or verify it's contents. Now in the case of mailing a letter to oneself I do see a flaw in that. As BakerStreet said, you could open it and place whatever in it after the fact. So I would suggest taking the disc, or disk, or document in paper form and having it stamped with a postmark. You still have to show you did the work in a court case NOT the poor postal worker.
Just my opinion

Ruthven

on Jan 12, 2004

Actually, the US Postal Service is no longer a federal entity, as it no longer receives federal funding (you may've noticed their website changed from "usps.gov" to "usps.com" a while ago ... that wasn't a coincidence).

The bottom line is, while mailing something to yourself certainly couldn't hurt as far as protecting your copyright, it does not go as far as, nor is it likely to hold up as well in court as registering the copyright through the Library of Congress. If you really think someone else could make money off your work, and that matters to you, then poor man or not, you should register that work. And if it's a work that's going to make money to begin with, the $30 initial outlay should be worth it.

d-shade

on Jan 12, 2004

actually you can't just mail it to your self via first class.. your better off using registered mail or something. one that gets logged into the usps systems as well.. since it isn't too hard to get a stamp similar to the one that the usps uses..

joetheblow

on Jan 14, 2004

Hey guys.

Just wanted to say that from the soiurce I got this from I felt it was pretty legitamite (School Professor who works for Scatton Law Firm)

Maybe I misunderstood him. I am emailing him about this issue and if I am wrong I will state so either here or in a retraction on the WinCusto message board (or maybe on make it a new news article

I'll ask one of the admins)

Lets try to straighten this out once and for all (Hopefully)

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