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Nope. That's a common misunderstanding. By US law you automatically have a copyright in a creative work when you create it. Registering that copyright is a way to help protect it, because it makes defending it much more straightforward legally, but registration is not required, and in fact is not done until publication. And since registration with the U.S. Copyright Office is expensive and time consuming, alternatives have arisen, such as the songwriters' and writers' registries in which one can file a dated and sealed copy of a work in escrow for a small fee, to be produced as legal proof of authorship if ever needed.
That is what I just said. I made no statement about it not being copyrighted if not registered. You made that up. I then pointed out that those who are likely to really defend their copyright register it...which is cheap. Letter to self etcetera are no better than any demonstrable source. Web page with a date on it is as good as anything short of registration.
There are however legal advantages to registration that are not available under any other approach.
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What it comes down to is recognizing that when somebody posts a recipe or a photograph or a drawing or a literary work or a song or anything else that can be copyrighted, you only have the right to view it yourself, or to refer someone else to (by a link, for example), but you have no right to copy and paste it unless you get permission first from the author.
Sure you do. I see no reason to take this off into a discussion of "fair use" and other such issues so I will simply observe that you are again trying to over-simplify a rather complex subject.
Sure you do. I see no reason to take this off into a discussion of "fair use" and other such issues so I will simply observe that you are again trying to over-simplify a rather complex subject.
Actually, the foundational point I'm trying to get across is simple enough for a Kindergarden student to understand: If it's not yours, don't take it.
Fair use is a very thin reed that I, as a former legal assistant and also someone who has been in a position that made it necessary that I stay on top of these things, would be VERY hesitant to lean on in a court of law. So hesitant that I wouldn't do it if I were so foolish as to violate copyright law.
Copyright is all about permission. And the U.S. Copyright Office has very clearly stated that "But it's HARD to get permission" does not release you from the necessity of doing so BEFORE using the work in question or you will be in violation of copyright law.
If that's not enough, surely your mother and your kindergarten teacher taught you the very basic, "Don't use something belonging to someone else without getting their permission" rule? Respect for copyright law, while the law itself might be complex, really comes down to nothing more than remembering that. If you remember that, and act in accordance with it, you should be fine.
Fair use is a very thin reed that I, as a former legal assistant and also someone who has been in a position that made it necessary that I stay on top of these things, would be VERY hesitant to lean on in a court of law. So hesitant that I wouldn't do it if I were so foolish as to violate copyright law.
Copyright is all about permission. And the U.S. Copyright Office has very clearly stated that "But it's HARD to get permission" does not release you from the necessity of doing so BEFORE using the work in question or you will be in violation of copyright law.
If that's not enough, surely your mother and your kindergarten teacher taught you the very basic, "Don't use something belonging to someone else without getting their permission" rule? Respect for copyright law, while the law itself might be complex, really comes down to nothing more than remembering that. If you remember that, and act in accordance with it, you should be fine.
And someone failed to teach you that copyright is a peculiar and limited form of ownership that we the people extend, for a limited time, to a person to enhance the public good through literature and other skills.
And note that the most valuable part of a work is absolutely not covered. You can steal the ideas and processes put forth to your hearts content. If the recipe has a long and complex sequence to make a dish you may freely acquire the process, rewrite it, and copyright it yourself.
I was wondering, if someone adds ingredients to a brand name of mustard, then changes [both] the packaging and label, could they then copyright and sell the mustard as their own product?
I was wondering, if someone adds ingredients to a brand name of mustard, then changes [both] the packaging and label, could they then copyright and sell the mustard as their own product?
You can never copyright the mustard. If a new invention you could try for a patent but unlikely.
But yes you could repackage the augmented mustard and copyright the packaging.
Might also be a place where you would register a trademark.
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