E-drug: Translation of information from the web (cont)
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In the U.S. copyrights arise by operation of law when a "work" is created.
A "work" normally includes writings, recordings, films and just about
anything of inherent proprietary value whose value consists in its
creator's *exclusive* right to make copies. However, to preserve
inherent copyrights, the creator is required to put the public on
notice that copyrights are being claimed by affixing a symbol to the
work when it is created. The symbol is circled 'C' or the word
'Copyright' followed by the year the work was created and the
creator's name. Works which are released into the public domain
which do not include the symbol are not protected on the theory that
the creator is presumed to have intended the public to be free to
copy it. Copyrights do not need to be registered unless and until
their owner commences litigation to enforce them. However, there may
be other reasons to register about which I am unaware. It is worth
noting that patents (which can be claimed in addition to preserving
copyrights) are a better form of protection for some writings or
similar things that may fit the description of 'works'. For example,
patents should be considered for business plans using innovative
methods; chemical, mathematical and other formulas; innovative
software systems; and other things where the protection sought is not
merely the right to forbid copies to be made but, rather, the
exclusive right to use the method, formula or the like. Patents
protect only after granted by the government but protection relates
back to the date
of filing if a patent is granted. There is a simple process by which the
date from which a new idea is protected can be established by filing a
provisional patent application spelling out the idea but this works only if
the full patent application is later filed within a year and the patent is
later granted.
Scott D. Hillstrom, Esq.
scott.hillstrom@analyticorp.co.nz
+1.651.452.6003 (Mob) +1.612.802.2367
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