Copyrighted materials

[roadhazard]

This should help a lot of folks, I hope. I have noticed that thousands of online listings for descriptions of widgets have a supposed "copyright" notice. However, when I went to the US Copyright Office online and searched, NONE of these folks have an active registered copyright. I do not scrape sites, but if I find a generic type of description for a widget, I can use it if it does not fall within the copyright rules. Now, if the description has unique details then the writer could apply for a copyright and on my site, I give the URL plus the procedure as set out by the US Copyright Office. Lot of hot air about "copyrights" going on. Of the thousands of widget descriptions, ONLY ONE was copyrighted.

[rbacal]

Now, if the description has unique details then the writer could apply for a copyright and on my site, I give the URL plus the procedure as set out by the US Copyright Office. Lot of hot air about "copyrights" going on. Of the thousands of widget descriptions, ONLY ONE was copyrighted.

Uh, sorry, but you don't have to register with the US copyright office. Copyrights are AUTOMATIC upon publication. There are some advantages regarding legal action for registration, but it's not required.

In other words, if you use someone else's words outside of fair use, you are commiting an illegal act. Regardless of whether the copyright is "registered".

[jomaxx]

Exactly. The advice in the original post is completely fallacious.

[roadhazard]

Well, my law school training says otherwise. If "automatic" copyrights existed, then why do we have the US Copyright Office? They must get a big laugh out of "automatic" copyrights. Come on now...

[hunderdown]

I guess your law school training didn't cover much about copyright. You need to read up on copyright law and practice before making such statements.

The fact is that you aren't allowed to copy someone else's unique language, regardless of whether or not they registered it with the copyright office. They may not even need to put up a copyright notice. The penalties are more severe if they DO register (generally you can't get financial damages without registered copyright), and it's also easier for them to prove ownership, but registration is not required. If you copy someone else's content, whether it's registered or not, they can get it taken down or your site closed.

[jimbeetle]

Nope, you're way off base here. Copyrights do not have to be applied for, nor do they have to be registered. Since it sounds like you're skating on thin ice here read -- really read -- the information at the copyright office site. Start with copyright basics [copyright.gov] and go from there.

[roadhazard]

TOUCHY, touchy...

[Knappster]

TOUCHY, touchy...

Bad advice spreads like a virus.

Visit the Chilling Effects Clearinghouse for a good introduction to the possible consequences of online copyright violation.

[hunderdown]

TOUCHY, touchy...

Thanks for so graciously conceding the point.

[roadhazard]

Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the work is created. You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work
SEE?

[roadhazard]

End of thread.

[jomaxx]

See what? You are 100% wrong so give it up and get your tuition back from whatever law school you supposedly studied at.

[dzcap]

The OP just made a complete fool of himself, no one should view him/her as an authority on this subject.

[astro_miner]

If you studied law (which I highly doubt), it must have been before some time in the eighties when the automatic copyright was passed into law.

In addition, you sound like someone I wouldn't do business with, and from reading their TOS I don't think google wants to either.

Remember, they can retroactively register their copyright and then sue you.

[hunderdown]

You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work
SEE?

Well, I see. Did you? This is one of the points I was making in message # 5.

[Thez]

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement.

[Knappster]

You will have to register, however, if you wish to bring a lawsuit for infringement of a U.S. work

The government website [copyright.gov] clearly states that you can register the copyright after discovering a violation, but before filing suit. The only advantage of filing before a violation occurs is that "statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner."

[bobothecat]

This should help a lot of folks, I hope. I have noticed that thousands of online listings for descriptions of widgets have a supposed "copyright" notice. However, when I went to the US Copyright Office online and searched, NONE of these folks have an active registered copyright. I do not scrape sites, but if I find a generic type of description for a widget, I can use it if it does not fall within the copyright rules. Now, if the description has unique details then the writer could apply for a copyright and on my site, I give the URL plus the procedure as set out by the US Copyright Office. Lot of hot air about "copyrights" going on. Of the thousands of widget descriptions, ONLY ONE was copyrighted.

That's about the funniest post I've read since the 'girlfriend got me kicked from Adsense' thread.

You're plain wrong... period.

Furthermore, unless you know the exact registration number, you may never be able to find it on the copyright search... could be registered under the company name, author's name, pen name, etc... etc...

Please do your homework before making such an uneducated/false post, especially since you state it as fact.