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What is Copyright?
Copyright is a legal right, given exclusively to the creator/originator
(or assignee) to publish, perform, film or record, literary, musical
or artistic material, for a number of defined years, and to authorize
others to do the same.
Copyright is automatic and without cost, from the time the subject
matter is first written down, painted or drawn, filmed or taped.
Copyright does not cover ideas or information as such but only
the original expression of ideas or information.
Unfortunately this legal right does not stop the theft of your
work.[top]
How long does copyright last?
Generally the following applies;
Copyright exists from the works creation and lasts for the life
span of the author and for seventy years after the death of the
author. The same principle applies to joint authorship
(two or more author's), with the copyright lasting for the life
span of the longest surviving author and then for seventy years
from the death of that last remaining author.[top]
What type of creative work does copyright protect?
Categories of works of authorship can include but are not
limited to; Literary, Dramatic (including accompanying music)
and Musical (including accompanying words or lyrics). Choreographic
(including Pantomimes), Pictorial, Graphic, Sculptural. Computer
Program, Motion Pictures, Audiovisual and Sound recordings. Architectural
works.
The subject matter of Copyright is generally described as an original
creation of authorship that must be fixed in a tangible medium
of expression. The works as now known or as later developed, must
exist in some physical form. Virtually any form of expression
will act as a tangible medium from which they can be reproduced
or communicated, directly or using a machine or a device.[top]
Is copyright protection worldwide?
Most countries have acts of law relating to intellectual property
and copyright issues with regard to their citizens rights. These
countries are usually signatories to the numerous world treaties
and agreements on copyright. Copyright laws are fairly similar worldwide.
There have been numerous international copyright conventions some
of which include;
Universal Copyright Convention at Geneva in 1952.
Universal Copyright Convention as revised at Paris on 24th July
1971.
Berne Convention for the Protection of Literary and Artistic Works,
Paris Act of 24th July 1971 as amended on September 28th 1979.
[Note: The first Berne Convention was on September 9th 1886]
WIPO World Intellectual Property Organization Diplomatic Conference
Geneva, December 2 to 20, 1996
WIPO Copyright Treaty of December 20th 1996
WIPO Performances and Phonograms Treaty of December 20th 1996
The World Trade Organization Agreement on Trade Related Aspects
if
Intellectual Property Rights, Final Act Marrakech on 15th April
1994
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What work should I Protect?
You should Protect everything that you create and which you consider
to be of value to you, or your's, now or in the future. If
it is worth creating, it is worth protecting.[top]
Why not depend on Copyright Law to protect my work?
International copyright law together with your own countries copyright
law, automatically protect your original work from infringement.
You are of course free to leave it at this and take no further action.
Unfortunately this legal right does not stop the theft of your work.
Copyright infringement is a crime and the law is there to judge
and when found guilty punish the criminal. Knowing this does not
deter the criminal. It will always be up to you to provide proof
that you own the copyright on your work.
Those who steal your work will most likely create a false paper
trail which will contradict your genuine documentation, it may come
down to the decision of a judge to decide which of you has the most
convincing proof.
Can you afford not to be the one with this proof of first
ownership.[top]
What else can I do, in addition to having copyright law protecting
my work?
Just as you insure your house and property, which are valuable
assets, against burglary. You can protect your intellectual property,
also a valuable asset, against infringement.[top]
Why should I protect my work?
Can you afford NOT to. Your creation on which you own the copyright
is your intellectual property.
It will be up to you to prove that you own the copyright on the
work.[top]
What is the benefit of protecting my work?
Once your creation has been fixed in a tangible medium of expression
the copyright on your work is protected by copyright law.
By registering your copyright with Copyright Protection Services
International you will have irrefutable proof of first ownership
of your intellectual property.
This proof can be used in a court of law in alleged cases of copyright
infringement. When faced with an alleged case of copyright infringement
you need this proof.
Proving the date of creation can be a problem. Copyright protection
can make a difference. This can be in the amount (in monetary terms)
of damages which can be awarded against the plagiarist where the
verdict goes in your favour. By registering it you will have an
individually numbered certificate of registration of copyright relating
to that particular copyright work.[top]
What is this Protection?
Simply put, Proof of First Ownership. [top]
Why not just send my work to myself by registered post?
In sending your work to yourself using registered post, your aim
is to have in your possession a sealed package, date stamped, containing
your original work and to show that it has remained unopened since
being sealed and posted.
By using either a standard or padded envelope or if preferred a
post office pre-printed envelope you can achieve part of this aim.
The difficulty will be in proving that the contents have not been
interfered with.
Envelopes in general can be tampered with; sealed ends can be opened
and re-closed, damage can occur through water spillage and or tearing.This
leaves you open to accusations of tampering with the contents.
Registered post records are destroyed after a twelve month period
in Australia. This time period can vary from country to country
but usually it does not extend beyond two years.
The Copyright Protection Services International Envelope is water-resistant
and virtually impossible to tear.
In addition it has permanent adhesive security seals on each end.
The envelope and seal have an individual number, which relates only
to the work enclosed. A permanent entry is made on our database
and includes the dates of completion and registration. [top]
What does Copyright Protection Services International offer?
Peace of mind - irrefutable proof of first ownership - independent
registration.
The Copyright Protection Services International Registration System
consists of:
Unique Tamper-Proof Security Envelope. This envelope secures your
valuable work and can prove at a later date that the contents have
not been tampered with.
Individual Registration Numbering, relating to your original work
only.
Entry on our main database which includes the dates of completion
and of registration.
Laminated Certificate of Registration to validate your registration.[top]
How long does our Copyright Protection and Registration last
for?
Once you have completed the registration process and have been
included on the database, your registration is fully effective and
will last for the lifetime of the Copyright. Copyright Protection
Services International will cancel that registration and remove
a database entry on your instructions. If a registration and database
entry is accepted on incorrectly supplied information this would
result in cancellation of the registration, removal from the database.
[top]
Why should I use Copyright Protection Services International?
By using the Copyright Protection Services International System,
you will have irrefutable proof of first ownership of your original
work. You will receive a Certificate of Registration and details
of you work will be available on the CPSI database. Problematically,
registration systems outside of the U.S.A. in respect of copyright
works are often not available. That position, when contrasted with
state registration systems, administered by a Government Patents
Office, in respect of trademarks, designs and patents, leaves creative
works open to plagiarism. How to prove the originality of copyright
works, the date of creation and ownership have been in certain circumstances
challenging tasks for the owners of such works. Copyright works
are most vulnerable to theft in the period between their creation
and their being published under licence. Original creative work
has always been in danger of being abused. You show someone your
creation and then it can become his or her creation. It could happen
to you. [top]
How does the Copyright Protection Services International System
Work?
The CPSI system has been designed to provide a comprehensive method
enabling the creator of a Copyright work, prove their entitlement
to and ownership of the Copyright. The system consists, of a package
containing a Copyright Protection Services International Envelope,
into which the Copyright work will be placed. A Declaration of
Warranty to be signed by the claimant. Detailed instructions
on how to complete the "Registration" of the Copyright
work. After completion you will receive a Certificate of Registration.
It is a straightforward procedure.
Each package has an individual serial number, which will be stated
on your work when it is released. In so stating this serial number,
an alleged infringement cannot be defended by a plea of innocence
through not knowing that the work was Copyright in the first instance.
This is usually pleaded in order to lessen the amount of damages,
which may become liable. [top]
What information do I supply to Copyright Protection Services
International?
We ask for your full name together with your Nationality. Your
residential address. Your
e-mail address. We will ask for a brief description of the copyright
works. In order for the registration to become effective we require
a signed declaration of warranty stating that you are the
creator, originator and copyright holder of the said copyright work.
Copyright Protection Services International will retain those details,
in our database. Privacy Statement [top]
What do Copyright Protection Services Provide in an Infringement
case?
In a case of alleged infringement of your Copyright creation, before
a court of Law, Copyright Protection Services International
will provide the court with a statutory declaration containing
all of the information on our database relating to the particular
Copyright work, referenced by your Copyright Protection Services
International system serial number. [top]
What Copyright Protection Services International do not provide
at present?
Despite the large number of requests from author's, we do not
provide a search facility to ascertain if a work has been previously
published either in Australia or in any other country.
Due to the complex nature of how to determine whether a work
is made for hire or not.
It is the policy of Copyright Protection Services International
Pty Ltd that at present we will not provide registration of
copyright in the case of a work for which payment has been or
will be paid to the author.
General Information on this subject can be obtained through the
United States Copyright Office - reference; works made for hire
under the 1976 Copyright Act - circular 9[top]
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