Respecting John Edwards claim to copyright it would do all well to read what
the copyright office has written in their FAQ.
Wedge Live is a container for John Edwards blog posts, so it might be regarded
as a book of chapters and thus an original work of authorship. Given that
Edwards blogs mostly deal with city issues the extent to which he uses material
created by anyone else places the âoriginal workâ requirement raises doubts.
There are many history-type books that uses material from other authors,
private, governmental, etc, so the way Edwards copies external works matters a
great deal and depends on the nature of the Edwards-created supplementary
material. Edwards has not registered Wedge Live and the specific reasons why
not are known only to Edwards. My suspicion is that Edwards was unable to
establish Wedge Live as an original work of expression - Wedge Live at the time
was a title of a âbookâ of no chapters. Edwards might have been better advised
to register Wedge Live as a trademark, but such is not risk free in that
several other organizations use the word Wedge. A search of the copyright
office list of copyrights has no entry for Wedge Live that I could find.
I always thought Carol missed the mark in that a blog called Wedge Issues would
have drawn a wider audience.
âWhat is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted
by law for original works of authorship fixed in a tangible medium of
expression. Copyright covers both published and unpublished works.
What does copyright protect?
Copyright, a form of intellectual property law, protects original works of
authorship including literary, dramatic, musical, and artistic works, such as
poetry, novels, movies, songs, computer software, and architecture. Copyright
does not protect facts, ideas, systems, or methods of operation, although it
may protect the way these things are expressed. See Circular 1, Copyright
Basics, section "What Works Are Protected."
How is a copyright different from a patent or a trademark?
Copyright protects original works of authorship, while a patent protects
inventions or discoveries. Ideas and discoveries are not protected by the
copyright law, although the way in which they are expressed may be. A trademark
protects words, phrases, symbols, or designs identifying the source of the
goods or services of one party and distinguishing them from those of others.
When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a
tangible form that it is perceptible either directly or with the aid of a
machine or device.
Do I have to register with your office to be protected?
No. In general, registration is voluntary. Copyright exists from the moment the
work is created. You will have to register, however, if you wish to bring a
lawsuit for infringement of a U.S. work. See Circular 1, Copyright Basics,
section âCopyright Registration.â
Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register
their works because they wish to have the facts of their copyright on the
public record and have a certificate of registration. Registered works may be
eligible for statutory damages and attorney's fees in successful litigation.
Finally, if registration occurs within five years of publication, it is
considered prima facie evidence in a court of law. See Circular 1, Copyright
Basics, section âCopyright Registrationâ and Circular 38b, Highlights of
Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on
non-U.S. works.â
Sent from iPad
John Ferman
Minneapolis, MN
My doctor says I have a malformed public-duty gland and as a result have a
severe morale fibre deficiency, so I should not be expected to save the world."
> On Apr 21, 2019, at 6:13 AM, John Edwards <<email obscured>> wrote:
>
> I felt compelled to register an account so I could address a handful of
points.