This theory of copyright has been around for some time. But is it a useful alternative to formally registering one's work?
The poor man’s copyright refers to an inexpensive alternative to formally registering one’s work with the national copyright office. Many people opt to copyright original pieces of work, including written pieces, art creations, or music, to ensure that they retain the sole authority to produce or reproduce the piece or provide to another party the consent to its production or reproduction. Furthermore, formal registration creates a public record that the work exists and who has its copyright.
Poor Man’s Copyright Explained
This method of copyright instructs an individual to seal a piece of work inside of an envelope and mail it to his or her self. The theory claims that this process establishes two important factors with copyright. First, by going through the mail system, the envelope is stamped with a date. This date can be used to refer to a specific point in time when the piece of work existed. Secondly, by keeping the enveloped sealed, the party can claim that the work existed prior to and has not been altered since the date stamped on the envelope.
Flaws With The Poor Man’s Copyright
This method can easily be manipulated. For instance, an empty and unsealed envelope can be mailed to one’s self and the work sealed inside after the envelope has received the date stamp. Additionally, relying solely upon an ink-stamped date can be unreliable, particularly if the stamp becomes smudged or is unreadable.
If a case of copyright infringement was to be challenged in a court of law, it is unlikely that presenting the poor man’s copyright would be substantial proof to claim victory because of its flaws. Copyright infringement issues tend to be focused more on the use of the work more so than on its authorship. Furthermore, copyright on an original piece of work comes into effect as soon as the work is recorded or created in some tangible form.
Berne Convention for the Protection of Literary and Artistic Works
This international agreement was drafted to address the many concerns surrounding copyright issues. A signatory country to the Berne Convention agrees to its principles, including the defining copyright principle in article 2 of the convention: that copyright is created and belongs to the creator of an original piece as soon as it is fixed in a tangible form.
Canadian Intellectual Property Office
Canada became a signatory country to the Berne Convention in 1928, thus exclusive rights belong to the creator of a piece of work upon its creation. Original works, such as literary pieces, dramatic works and performances, artistic pieces, and musical works and recordings, can be registered with the Canadian Intellectual Property office for a fee. The copyright exists for the life of its owner plus fifty years. Registering the work with the copyright office provides the authorized party with a certificate. The certificate can be used in legal cases were ownership is in question.
U.S. Copyright Office
The United States became a signatory country to the Berne Convention in 1989. Basic copyright registration can be obtained for a fee, and is applicable to the life of its owner plus seventy years. This registration can offer its owner an advantage in legal matters, but is not a form of copyright protection.
Sources:
Canadian Intellectual Property Office
Berne Convention for the Protection of Literary and Artistic Works
