Why self-mailing won't get you the copyright protection you need.
An interesting rumor circulates through copyright lore: To obtain a federal copyright protection on your creative work, the story goes, all you must do is stick the work into an envelope and mail it to yourself through the United States Postal Service. Once it arrives back on your doorstep, keep the sealed envelope—now with the postal date stamp—in a safe place. That sealed envelope results in copyright protection. If anyone tries to pilfer your idea, whether a book, poem, or movie script, that sealed envelope is your ticket to victorious copyright litigation.
Not exactly. Let's look at the problems with this approach.
Why Mailing Won't Get You the Copyright Protection You Need
Unfortunately, the process for registration of a federal copyright is more burdensome and formalized than the above legend would suggest. The notion of mailing oneself a creative work to obtain copyright protection is sometimes referred to as the "poor man's copyright."
But don't be fooled; the process will not yield you an enforceable copyright. And a copyright isn't much good if you can't bring suit to enforce it.
How did this rumor begin? It is true that to obtain a copyright over a creative work, all that you must do is reduce the work to a physical form. This means that you cannot simply copyright an idea for a painting, a song, or a movie—you must actually paint the painting, compose the song, and film the movie. Once the idea is reduced to physical form, you technically have a copyright over that creative work.
It's just that, to actually do anything with that copyright, you need a formal registration with the U.S. Copyright Office.
What You Get From Actual Copyright Registration
The U.S. Copyright Office is the federal agency charged with granting and administering all copyrights in the United States. Registration of one's work confers many benefits, including the ability to sue someone for infringing your work, in a federal court.
(Again, if you only write down your creative work and mail it to yourself, you cannot actually initiate litigation for infringement).
Registration also clearly and unequivocally establishes the date upon which you begin to "own" the work. This can be particularly important in situations of copyright infringement, where both sides will typically argue that they created the work before the other.
Fortunately, the Copyright Office's website makes the registration process fairly self-explanatory. You simply select the type of work you wish to register—such as literary work, visual work, photographs, and so forth—and follow the instructions.
The Electronic Copyright Office, known as "eCO," allows you to upload the work (as a PDF, JPEG, etc.), along with your application. Once submitted, the staff of the Copyright Office will review it and then, hopefully, approve your application and issue you a formal copyright certificate.
The Copyright Office will charge fees for your registration. Fees change each year, and depend on the nature of your intended registration, but typically run between $50 and $100.
In short, don't believe the rumors. In its FAQs, the U.S. Copyright Office itself explicitly reminds potential registrants that "There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration." Mailing yourself a copy of your creative work might feel like a clever workaround of the legal system, but in fact, you might be shooting yourself in the foot.
Learn more about copyright and the benefits of registration.
As someone deeply entrenched in the field of intellectual property law, particularly copyright, I can confidently debunk the common myth circulating within copyright lore that mailing yourself a creative work offers a legitimate shortcut to federal copyright protection. This widely known but misguided practice, often referred to as the "poor man's copyright," has fueled a misconception that persists among creators seeking to safeguard their artistic endeavors.
Let's dissect the key concepts embedded in the article to dispel the myth and shed light on the proper procedure for securing copyright protection:
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Poor Man's Copyright and Its Fallacy: The article rightly dismisses the notion that mailing yourself a creative work, encapsulated in a sealed envelope with a postal date stamp, can serve as a substitute for formal copyright registration. This concept, known as the "poor man's copyright," is debunked by illustrating that mere self-mailing does not lead to an enforceable copyright.
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Requirements for Copyright Protection: The article accurately highlights that to obtain copyright protection, one must go beyond conceptualizing an idea and actually materialize it in a physical form. Whether it's a painting, a song, or a movie script, the work needs to be created and tangible.
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Formal Copyright Registration Process: To counter the poor man's copyright myth, the article emphasizes the importance of formal registration with the U.S. Copyright Office. This is the crux of obtaining enforceable copyright protection. The article elucidates that the registration process involves selecting the type of work, submitting the work in an acceptable format (e.g., PDF, JPEG) through the Electronic Copyright Office (eCO), and paying the requisite fees, typically ranging from $50 to $100.
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Benefits of Formal Copyright Registration: The article aptly explains the advantages conferred by formal copyright registration, such as the ability to sue for infringement in federal court. It also emphasizes the clarity in establishing the ownership date, crucial in resolving disputes over copyright infringement claims.
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Role of U.S. Copyright Office: The U.S. Copyright Office is positioned as the authoritative entity responsible for granting and administering copyrights in the United States. The article underscores the significance of the office in overseeing the registration process and issuing formal copyright certificates.
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Caution Against Myths: To drive the point home, the article quotes the U.S. Copyright Office's explicit disclaimer in its FAQs, emphasizing that there is no legal provision for the protection claimed by the poor man's copyright method. It serves as a clear warning against relying on such myths as a substitute for formal registration.
In conclusion, as an expert in intellectual property law, I echo the article's stance: dispel the myths, follow the proper procedures outlined by the U.S. Copyright Office, and recognize that true copyright protection comes through formal registration, not through misguided practices like self-mailing.
