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another e-bay scam
Jason: That may be what the gov. site says but it's overly simplistic. And from my experience just not accurate---after all it stands to reason that if something is inherently copyrighted than why would you have to get copyright protection? As far as the John Deere logo, that's a whole different area of Law---that gets into trademarks, design patents, and such.
Public domain. Lets say your invention of that side winder mower you made, you wanted to patent. Guess what? You can't because you have showed the public (on the net here) this idea and it is now part of the public domain and has legally been disclosed. You can't susally patent something that has been publically disclosed. Years ago when I was designing things for an eventual patent, I had companies/individuals sign a confidential discloure agreement to prevent anyone from dislosing my ideas to anyone else. But the law and the agreement doesn't prevent them from looking at it and changing it and getting their own patent. The first things a good patent atty. will ask you "How long have had the idea? And how many people have seen it?"
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another e-bay scam
In answer to... "it stands to reason that if something is inherently copyrighted than why would you have to get copyright protection?"
I tried to make the point in my earlier post, that the more you do to protect your work, the better it is protected, and the more likely you will be able to enforce it and get compensated for the misuse of the work.
My main point was - just because you post a picture in a public domain, you are not automatically giving permission to the world to use it however they please. Likewise, just because you see an image in a public domain, it isn't yours to do what you want with it. Granted, the power of poeple to protect it or sue greatly vary from case to case, but there is an inherent copyright that may or may not hold up in court.
I agree that public domain applies more to patents as this is entirely different than copyrights.
On a side note, in today's litigious society, I'd never even consider marketing that side mount mower. Even if there was a small need out there for it, I put the odds over 95% that a lawsuit would wipe out that corporation!
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another e-bay scam
Earth
NO! Copyrights do NOT have to be applied for and paid for. That is the BEST way, register it with the Copyright office in Washington DC and allow them to search and be sure it is a clean copyright.
There is also what is known as a POOR MAN'S COPYRIGHT and it has been tested in the U.S. Courts and has won. been many years since I have heard about it winning, for I am no longer involved in the Industry.
Here is how a Poor Man's Copyright worked. Songwriters or even people who wanted to draw up diagrams and descriptions of their inventions etc, could do so, put the Original copies in an envelope, seal it, go to the Post Office and have them Validate the seals with their Post marks and dates, then mail it to yourself FIRST CLASS, RETURN RECIEPT REQUESTED. When you recieve it, DO NOT open it, file it in a Safe Deposit and continue on your quest. If you see YOUR Lyrics, or inventions used, all you need to do legally is provide unquestionable proof that you had the idea first. You provide the Sealed Enevelope, explain to the Judge what you did and let the Judge with witness open the Envelope. Musicains who could not afford to pay the $200 plus dollars to go thru the normal DC process, used this process and as far as I know and heard, it worked and was LEGAL.
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I had the same thing happen to a tool and cutteer grinder I had sold. I reported it to ebay and they did nothing. I emailed everyone that bid on it. One gentleman emailed me back after he won it and thanked me. They wanted payment wired to them. The grinder was supposedly in London.
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ww:
While I don't doubt people have used the poor man's (c) and won, from the copyright.gov site:
Q: I’ve heard about a “poor man’s copyright.” What is it?
A: The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.
Then I guess - in any case - it always depends upon what judge you have, and who has the best lawyers - not necessarily who's right or what the law is.
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