The Myth of The Poor Man’s Copyright
One of the common myths in the music industry among struggling musicians without two nickels to rub together is that a copyright can be established by mailing a copy of the sheet music or a recording to oneself. The crux is that the United States Postal Service effectively notarizes and dates the envelope. The myth further suggests that when the envelope is received by the musician, it can be placed in safekeeping to establish the date of an original work of authorship.
Unfortunately, this is not really how copyright works. Article I, Section 8 of the United States Constitution empowers the United States Congress to promote the progress of science and the useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries. This clause is often referred to as the copyright and patent clause. Here, science refers to artistic endeavors and useful arts refers to endeavors of utility covered by patent law.
Congress laid down the backbone of Copyright Law in the seventeenth chapter of the United States Service Code (“17 U.S.C.” ). Specifically, 17 U.S.C. § 102 defines the subject matter of copyright:
(a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. Works of authorship include the following categories:
Quick Shot: So, a copyright comes into existence for an artistic work when three criteria are met:
So, why then register a work? Copyright registration before the United States Library of Congress serves to put the public on notice that authorship is being claimed and it has several advantages:
- Registration establishes a public record of the copyright claim
- Before an infringement suit may be filed, registration is necessary for works of U.S. origin
- If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and the facts stated in the certificate
- If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages is available to the copyright owner
- Registration allows the owner of the copyright to record registration with the U.S. Customs Service for protection against importation of infringing copies
Although a “Poor Man’s Copyright” sounds reasonable, it is really just an evidentiary measure that might possibly be used to prove that a work was created within a certain time period. However, this is still a stretch because one could forge this type of evidence with little effort. So, registration is really the way to go–and it may be made anytime within the life of the copyright.
Effective August 1, 2009, online registration of a basic claim in an original work of authorship by electronic filing is $35.00. Beg, borrow or busk on the streets and register.
*Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
