6 replies to this topic

[kylekangaroo]

I am about ready to create my website...what do I need to copyright or need to get done legally before I begin my classifieds website? THANKS!

[Autocrat]

Well, you need to know your legal obligations.
You should also read up on the basics of what Copyright is, how it works and what it covers.

Then there are Terms and Conditions (and/or Terms of Service), Disclaimers, Privacy Policy/Statment etc.

All pretty much standard, and in some cases you can simply go and buy "boiler plate" stuff... and/or pay a legal to tweak it to suit.

But, the most important thing is for you to understand it.
Without that, it's all useless.

[Respree]

There are no "legal" requirements, that I am aware of to publish a webpage. However, the best way to protect your original work is to register it with the copyright office. You don't say which country you're from, but if you're in the US, you'll want visit the US Copyright Office website.

Here is a brief overview.

Source of quote below: http://www.copyright.../circ1.html#wci

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

Registration establishes a public record of the copyright claim.

Before an infringement suit may be filed in court, registration is necessary for works of U.S. origin.
If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.

If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.

Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, go to the U.S. Customs and Border Protection website at www.cbp.gov/xp/cgov/import. Click on “Intellectual Property Rights.”
Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired.

Edited by Respree, 24 March 2008 - 08:41 PM.

[fisicx]

What is it that you actually want to copyright?

If it is the site design then I'm not sure you can actually do that. You will have intellectual property rights over the content but you can't stop anyone using the actual code. In any case, how would you be able to discover if somebody done so?

[Angela Charles]

Anything published online that is unique content automatically has limited copyright protection without having to register it with the U.S. govt.

What that means is if someone steals your content, you can sue them to remove the offending material but are limited in being able to sue for damages. In most cases, though, it's difficult to prove damages anyway. You can usually get a site that has taken your content to remove the offending material just with the threat of legal action through a tersely written letter.

Here's a good FAQ on the topic: http://www.copyright.gov/help/faq/

Also, here's a step-by-step description on how to remove offending material. We followed it and it worked for us.

http://www.explodeth...content-10.html

One caveat: If your material has been copied by a foreign company/site that is hosted in another country, you're pretty much SOL.

[Autocrat]

Would help to know what country you are in... as in the uk, there is no such thing as registering copyright as far as I know.
(helps to keep dated records just in case... but copyright is a given in this country as far as I know).

Obviously it's different in the states (or at least some of them?).

Chances are it may be different in your country (if not either of the above).

[laurad]

I thought there was limited copyright but from what I understand its not done in many parts of Europe or other counties over the sea there. A friend of mine tells me there are none in Denmark but he moved there, not native. Does anyone know a full country list for something like this?