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Copyright

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In Part I of this article dealing with copyright, you were provided some ideas to stimulate your thinking about this topic in relation to your web publishing activity.

This part will provide you with some practical steps which you can apply now, and also provide a few links to other sources of more in-depth information about copyrights and trademarks, if you want to pursue it.

  • Even though copyright is automatic and you do not have to register your work, you may find that it makes your material a bit more sophisticated to add a copyright notice to it.
     
  • Even thought there is no Universal or International copyright and copyright is not the same in all countries it usually does no harm to publish your claim to it.
     
  • If you notice someone in a different country who is possibly abusing what you consider to be your rights, you might want to consider seeking a friendly solution rather than attempting a heavy handed threat of legal action.
     
  • You may find that it will further enhance your image if you make modest use of trademarks by inventing a phrase or word that you apply in a unique way to your business.
     
    • An example is the term Think'n'Do ™ which I use to describe an article which is designed to provoke thought and then then offer practical steps to apply the ideas discussed.
       
    • Just as putting on a simple, small piece of jewelry may have an ellegant effect while plastering yourself with glitter might make you appear gawdy, you want to be conservative in your use of trademarks.
       
  • If you are contracting to have something written for you, you will want to specify that you are paying for all rights.
     
  • If you are a writer, you may want to attempt to provide your services for a one-time use, or for specific uses instead of selling all rights.
     
  • You can use the symbol ™ to suggest that you intend to register a trademark and never "get around" to doing it.

    As long as you don't encounter any conflicts, you may want to take this approach and not bother with the time and expense involved with registration until you discover that there is sufficient interest to justify further time and cost.

    Of course, you are running a risk that someone else might be able to get control of the trademark, but if you are the first to use it and can prove it, that may be a key point in conserving your rights.
     
  • You will want to have a legitimate claim and use of a trademark to adequately defend your ownership of it. Just registering a trademark because you hope to sell it to someone else at a profit may not be enough to allow you to keep it.
     
  • As we noted in Part I you can claim anything you want but getting it may be difficult.
     
    • One application of this that seems worthwhile to me is to claim that you have a "Worldwide Copyright", if you think you might have problems in certain countries.

      Of course claiming something that doesn't exist will not get it for you but it may discourage someone from copying your material. It's a bluff you don't intend to stand up to, but sometimes your posture can get you through some situations which would cause others to have problems.
       
  • The term copyright or the symbol © can be used before or after the claim is registered. It is customary and recommended to add the year the work was first published to establish the time frame the copyright covers.
     
    • Example: ©2004 Affiliate-Master.com is a public declaration that something was published in the year 2004 and Affiliate-Master.com claims the copyright.

       

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