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Message - Re: How does one copyright drafting designs? U.S. Copyright Office

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Posted by  JWmHarmon on October 05, 2003 at 17:25:33:

In Reply to:  Re: How does one copyright drafting designs? posted by Kevin Andrews on October 03, 2003 at 06:28:56:

The following quote may be helpful. It is from the U.S. Government Copyright office. See linked site below.

"Copyright protection is available for all unpublished works, regardless of the nationality or domicile of the author...

The work is a pictorial, graphic, or sculptural work that is incorporated in a building or other structure, or an architectural work that is embodied in a building and the building or structure is located in the United States or a treaty party;

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work made for hire" as:

(1) a work prepared by an employee ..."

It is helpful to include a copyright notice on the document or drawing.

Registering the copyrighted material gives you a published public record of the fact that you have the material copyrighted. As I understand it (check with your attorney) registering your copyrighted work gives you no more protection than you already have as soon as you create the work, but it certainly makes it easier to prove that you own the copyright if you should ever have to pursue legal action against a copyright violator.


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