Legal Question in Intellectual Property in Illinois

Book in Blog form

Hello,

I am an aspiring author and was thinking about posting my work part by part on a Blog. Would this be protected as my property seeing that each entry is time stamped?

Thanks!


Asked on 4/04/05, 2:11 pm

3 Answers from Attorneys

Justin Lampel Lampel & Associates, P.C.

Re: Book in Blog form

your work is technically protected the moment it is created....there is no requirement to file for registration, but there are a number of reasons you may wish to file for copyright registration...check out the united states copyright office website...you can register a work for around $30. if you have any further questions, you can call me at (847)845-4345. hoped this helped, justin

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Answered on 4/04/05, 2:14 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Book in Blog form

I believe you are attempting to invent a new form of poor man's copyright, which used to be effected by mailing a copy of the manuscript to one's self, to "prove" authorship on or before the date mailed. This old method was flawed and this new one is, too (blog date stamps can be edited and do not necessarily reflect the actual date/time posted). Registration with the WGA and with the US Copyright Office is preferable, as it provides real evidence of the date of creation, although, as the other attorney points out, copyrights are inherent in the work upon creation.

Posting a work on the Internet where anyone can read it, or copy and paste it, is not an inherently riskless proposition where potential copyright infringement is concerned. But, again, the work is protected by copyright law - it's a matter of proving any infringement that may occur.

Please see my website if you are interested in retaining me to file a copyright application on your behalf, or to provide legal consulation regarding copyright law.

The foregoing information is of a general information nature only. Legal advice is provided to clients only. License in California and Illinois.

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Answered on 4/04/05, 10:18 pm
Donald R. Simon The EIP group

Re: Book in Blog form

As I'm sure you are aware, you work is protected by copyright from the moment of creation. Registering that copyright with the U.S. Copyright Office gives you certain statutory rights. Because of the transitory nature of the Internet, I would recommend that you keep hard copies of your work.

The Internet is full of risk. The ease by which material is appropriated and traded makes protecting your material very difficult and potentially quite expensive. The government places the burden on you to be vigilent and police your work from infringers. A registered copyright and/or Writer's Guild number won't stop everyone. I tell my clients who post material on the Internet to expect some infringers and have cease and desist letters ready to go.

If you'd like to talk more about this, feel free to call me at 773.882.4912.

Good luck,

Don Simon

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Answered on 4/05/05, 6:31 am


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