Re: [TCP] copyright -- implicit or no?

2007-04-26 Thread Al Geist
Sean Brierley asks:

If I create art -- vector, photo, whatever -- is it implicitly protected
as my work or do I need to obtain an external copyright through some
agency? Any sources for that opinion?

If I author text content -- user manual, whatever -- is it implicitly
protected as my work or do I need to obtain an external copyright
through some agency? Any sources for that opinion?


Hi Sean,

The answer to both those questions is it all depends. If you create
original art or text as part of a contract, then the rights to that work
depends on what is defined in the contract. In most cases, it would belong
to the company you signed the contract with.

If you create original art or text on your own, the it is implicitly
protected; however, you can gain additional protection by registering your
work with the federal government. A good place to start is the U.S.
Copyright Office (http://www.copyright.gov/) .

Of course, I can only talk about U.S. law. Other countries have different
laws which may or may not conflict with U.S. law.

Enforcing a copyright is another matter altogether. 

Al Geist
Technical Writing, Help, Marketing Collateral, Web Design and Award Winning
Videos
Voice/Msg: 802-658-3140
Cell: 802-578-3964
E-mail: mailto:[EMAIL PROTECTED]
URL: http://www.geistassociates.com (Online portfolio and resume)
See also:
URL: http://www.geistimages.com (Fine art photographic prints for home or
office and beautiful note cards for all occasions.)ros.com



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Re: [TCP] copyright -- implicit or no?

2007-04-26 Thread Sue Heim
Note, however, that this formal copyright registration is generally not
geared towards user documentation (rather music, lyrics, novels, and so on).
If you explicitly state copyright ownership in the documents being published
(be they online or print), then the documents are protected. If the
copyright is ever challenged, you may need to prove first publication
date, but that's rare (the challenge).

...sue



On 4/26/07, Milan Davidovic [EMAIL PROTECTED] wrote:

 Hi Sean:

 In general, copyright registration is a legal formality intended to
 make a public record of the basic facts of a particular copyright.
 However, registration is not a condition of copyright protection. Even
 though registration is not a requirement for protection, the copyright
 law provides several inducements or advantages to encourage copyright
 owners to make registration.

 http://www.copyright.gov/circs/circ1.html#cr

 More on this page as to what can and can't be protected, and a bunch
 of other stuffs...

 --
 Milan Davidovic
 http://altmilan.blogspot.com
 http://www.terminus1525.ca/studio/view/2758



 On 4/26/07, Brierley, Sean [EMAIL PROTECTED] wrote:
  Hi
 
  If I create art -- vector, photo, whatever -- is it implicitly protected
  as my work or do I need to obtain an external copyright through some
  agency? Any sources for that opinion?
 
  If I author text content -- user manual, whatever -- is it implicitly
  protected as my work or do I need to obtain an external copyright
  through some agency? Any sources for that opinion?

 __

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Re: [TCP] copyright -- implicit or no?

2007-04-26 Thread Chris Borokowski
It is more easily defended if you have an external
copyright or agency registration (like WGA), should
you have to litigate.

--- Brierley, Sean [EMAIL PROTECTED] wrote:

 If I author text content -- user manual, whatever --
 is it implicitly
 protected as my work or do I need to obtain an
 external copyright
 through some agency? Any sources for that opinion?


User Interface design blog
http://user-advocacy.blogspot.com/
Code::Design::UI::Consulting
http://www.dionysius.com/

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Re: [TCP] copyright -- implicit or no?

2007-04-26 Thread technical writing plus
As I understand it, if your work is being done as 'work for hire' which is
what most work that is in the technical communication sphere is, then
copyright is held by the company or organization or whoever is paying for
the work. However, the individual creator does hold a kind of implicit
copyright on stuff that he or she creates until paid for it. This can be
important in a contractor relationship - ask Geoff Hart. He knows something
about this. 

All creative work is covered by some kind of copyright and this copyright is
held by the creator of the particular item of work. Whether or not you add
the little c-circle symbol and name/year. But that little symbol does make
the legal protection stronger. 

There is this place called 'Copyright Clearance Center' but as I understand
it, they collect fees for using materials that are used in an academic
setting. 

Jim Jones   http://tinyurl.com/4arjc

-Original Message-
In general, copyright registration is a legal formality intended to
make a public record of the basic facts of a particular copyright.
However, registration is not a condition of copyright protection. Even
though registration is not a requirement for protection, the copyright
law provides several inducements or advantages to encourage copyright
owners to make registration.

http://www.copyright.gov/circs/circ1.html#cr

More on this page as to what can and can't be protected, and a bunch
of other stuffs...Milan Davidovic

On 4/26/07, Brierley, Sean [EMAIL PROTECTED] wrote:
 Hi

 If I create art -- vector, photo, whatever -- is it implicitly protected
 as my work or do I need to obtain an external copyright through some
 agency? Any sources for that opinion?

 If I author text content -- user manual, whatever -- is it implicitly
 protected as my work or do I need to obtain an external copyright
 through some agency? Any sources for that opinion?


__

Author Help files and create printed documentation with Doc-To-Help.
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technology and PDF output. Learn more at www.doctohelp.com/tcp.


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Re: [TCP] copyright -- implicit or no?

2007-04-26 Thread Chris Borokowski
IANAL, but my understanding is that an implicit
copyright protects all published works. What I wrote
was more intended to reinforce a reality of the
marketplace: it's easier to defend if you copyright
externally and have an explicit copyright statement on
the work.

--- Brierley, Sean [EMAIL PROTECTED] wrote:

 Thus, if I create illustrations or content for IBM,
 can Apple use those
 illustrations or content without permission IF there
 is no copyright
 statement on the art or content? Or, is the work
 protected?


User Interface design blog
http://user-advocacy.blogspot.com/
Code::Design::UI::Consulting
http://www.dionysius.com/

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Re: [TCP] copyright -- implicit or no?

2007-04-26 Thread Gene Kim-Eng
The work is protected.  However, if the work is unpublished
you'd want some means of documenting who created it and
when.  Something you create for IBM is probably going to be
used in something that bears a publication date or other ID
and probably doesn't need individual marking.. A stand-alone 
work you make for yourself might benefit from a marking.

Gene Kim-Eng


- Original Message - 
From: Brierley, Sean [EMAIL PROTECTED]
 Good followups. My question was not really about work done for hire
 under contract.
 
 That is, whether I create the content or the art for myself, or I create
 it for an employer as an employee or under contract, does there have to
 be an explicit copyright statement to protect the work, or is the work
 protected without the statement.
 
 Thus, if I create illustrations or content for IBM, can Apple use those
 illustrations or content without permission IF there is no copyright
 statement on the art or content? Or, is the work protected?
 
 Similarly, if I create illustrations or content for myself, can Apple
 use those illustrations or content without permission IF there is no
 copyright statement on the art or content? Or, is the work protected?


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