Etsy's Handmade Blog
SarahSays: Poor Man's Copyright
Story by SarahSays
Published on September 18, 2007 in How-To 		Photo by KateBlack
When discussing United State's copyright law it never fails that someone will bring up the poor man’s copyright as an alternative to U.S. copyright registration. For those of you who are unfamiliar with the poor man’s copyright, this is the practice of mailing a copy of your work to yourself and not opening the envelope when received.

Surely the cost of the stamp is a lot less than actual copyright registration. Not to mention there are no forms to fill out. The myth: someone alleges that you infringed and in a dramatic courtroom moment you whip out the unopened envelope, point at the time stamp and upon opening the envelope, to the horror of the opposing party, you will prove that you did not infringe. Case closed. You win. And the crowd goes wild.

The poor man’s copyright is not an alternative to U.S. copyright registration. First, there are many benefits to U.S. copyright registration and the poor man’s copyright does not bring with it these benefits. U.S. Copyright registration is currently only $45 (fees subject to change), you will probably be able to register a GROUP of work at the same time, the form is easy to fill out, and you don’t need any lawyers.

Second, copyright protection attaches as soon as the work is created. Generally in the U.S. you do not need copyright registration in order to have copyright protection. However, registration has major benefits. For example, if you have registered within five years of publishing your work, then the courts will find this as excellent proof of a valid copyright. Also, to bring a case to court, you need U.S. copyright registration first (and a poor man's copyright does not count as registration).

Third, I have never heard of a poor man's copyright success story. If you know of one, please let me know. Plus, the poor man’s copyright could be easy to fake.

The poor man's copyright is simply not an alternative to U.S. copyright registration. This is your business, take it seriously. And really, $45 (fees may change) is pretty cheap for insurance. Go to http://www.copyright.gov/, fill out the appropriate form for your work, send it in, and do things right. The copyright website also has lots of FAQs and you can call the office with questions. You worked hard to create your works, take the same time and effort to protect them. It’s not that hard. You can do it!
 
This information is for educational and informational purposes only. The content should not be construed as legal advice. The author and Etsy, Inc. disclaim all responsibility for any and all losses, damages, or causes of action that may arise or be connected with the use of these materials. Please consult a licensed attorney in your area with specific legal questions or concerns.
Tags copyright, How-To, law, Legal Info for Artists, Seller Handbook, selling, trademarks
All articles in How-To
Related Items
This article was reported by:
Etsy Admin
SarahSays
shop . profile . contact

14 comments     Login to add your own!

Sept. 18, 2007 at 1:09 p.m. lookability

Interesting topic!

Sept. 18, 2007 at 2:04 p.m. crazyartdolls

I am so glad that you answered this question. I know about copyright materials because of my husband and the importance on visual arts, ie, painting,sculptures,dolls,etc or anything else you create

Alot of collage or doll artist are also not aware that the pictures or patterns that they use in their collage or dolls has been copyrighted by the original owners.

I have a friend who is in the middle of lawsuit with someone who used her fairies on their own website without giving her credit or asking permission to use the artwork.

I am glad that Storque will be around to answer questions.

Sept. 18, 2007 at 2:10 p.m. stereoette

finally. THANK YOU sarah for posting this.

Sept. 18, 2007 at 6:25 p.m. thefunkyfelter

Since I make wearable fiber art for the most part, does copyright apply to my actual design work? Say I wanted to copyright one of my hat or scarf styles? I can see where copyright works for illustrations, patterns, written materials, etc., but I'm not sure how that encompasses more 3D designs. Perhaps, I just need to follow your link and just read about it on the government website ;o)

Thanks for writing on this topic. I really need to check into that soon.

Sept. 18, 2007 at 9:36 p.m. emberlexi

Check out copywriting a "collection" - photograph your pieces in a room displayed as a collection, then photograph them individually - and submit it under one copyright as a collection.

Sept. 18, 2007 at 10:20 p.m. smeeta

funkyfelter, I don't know whether you can copyright something like that. I think if it's "utilitarian" it's not possible to claim copyright. However, I'm no lawyer, so I'm only tellin ya what I've heard :)

Sept. 18, 2007 at 10:24 p.m. smeeta

actually... never mind what I said... lol... I think I may be thinking of something else!

Sept. 19, 2007 at 10:56 a.m. myart4wear2007

Thanks so much for posting this. It's a really big help and great info.
http://www.etsy.com/treasury_list.php...

Nov. 18, 2007 at 10:45 a.m. handmade

i've heard about the poor man's copyright for years, so i am really glad to have read this! thanks for letting us know!

Nov. 18, 2007 at 11:42 a.m. heidiburton

Poor man's copyright may not stand up in court, but how about in Etsy? If someone accuses another on the site of copying.. can one not just pull out the magic self-mailed envelope to the horror of the accusee? It is proof after all!

*trundles off to watch Columbo and uncover other such mysteries*

Jan. 18, 2008 at 7:55 p.m. executeme

LOL at HeidiBurton

March 29, 2008 at 3:12 a.m. pepperhem

can't someone just steam open the envelope and the reseal it?

Jan. 17, 2010 at 8:16 p.m. craftnontheside

hmmmm, this is interesting...never heard of it before.

Jan. 21, 2010 at 8:18 p.m. StacyBayless

Yes, I have always been curious about wearable copyrights. I always have been sure to have explicit consent from pattern makers to make items to sell even if it means purchasing a separate license. But what if I purchase that license or pattern and it turns out the person I bought it from was infringing... is this copyright on my part?

Previous Page | Next Page