Poor man's copyright
Encyclopedia
Poor man's copyright is a method of using registered dating by the postal service
, a notary public
or other highly trusted source to date intellectual property
, thereby helping to establish that the material has been in one's possession since a particular time. The concept is based on the notion that, in the event that such intellectual property were to be misused by a third party, the poor-man's copyright
would at least establish a legally recognized date of possession before any proof which a third party may possess.
The PMC was originally used by authors who sent copies of their own work to themselves through the mail without opening the envelopes in the hope that it would grant them legal protection by establishing a date at which the work was created. Use of this method may not hold up in a court as it is simple for individuals to pre-send envelopes which can then be used later by placing the materials inside.
The United Kingdom Patent Office
says this:
, registration of a work with the Copyright Office
is not a prerequisite for copyright protection.
Mail
Mail, or post, is a system for transporting letters and other tangible objects: written documents, typically enclosed in envelopes, and also small packages are delivered to destinations around the world. Anything sent through the postal system is called mail or post.In principle, a postal service...
, a notary public
Notary public
A notary public in the common law world is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business...
or other highly trusted source to date intellectual property
Intellectual property
Intellectual property is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law...
, thereby helping to establish that the material has been in one's possession since a particular time. The concept is based on the notion that, in the event that such intellectual property were to be misused by a third party, the poor-man's copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
would at least establish a legally recognized date of possession before any proof which a third party may possess.
The PMC was originally used by authors who sent copies of their own work to themselves through the mail without opening the envelopes in the hope that it would grant them legal protection by establishing a date at which the work was created. Use of this method may not hold up in a court as it is simple for individuals to pre-send envelopes which can then be used later by placing the materials inside.
Western Europe
In countries with no central copyright registration authority, it can be difficult for an author to prove when their work was created. The Dutch government's copyright website notes that one can help demonstrate ownership of copyright by "send[ing] yourself a copy of the work (or, for example, a photo thereof) in a sealed envelope, and keep it sealed upon receipt. Be sure that there is a date stamped on the envelope." One can also deposit a copy with the taxation bureau or a notary for the same purpose.The United Kingdom Patent Office
United Kingdom Patent Office
The Intellectual Property Office of the United Kingdom is, since 2 April 2007, the operating name of The Patent Office. It is the official government body responsible for intellectual property rights in the UK and is an executive agency of the Department for Business, Innovation and Skills...
says this:
... a copy could be deposited with a bank or solicitor. Alternatively, a creator could send himself or herself a copy by special delivery post (which gives a clear date stamp on the envelope), leaving the envelope unopened on its return. A number of private companies operate unofficial registers, but it would be sensible to check carefully what you will be paying for before choosing this route.
It is important to note, that this does not prove that a work is original or created by you..."
Flaws
There is no provision in copyright law regarding any such type of protection. Poor man's copyright is therefore not a substitute for registration. According to section 408 of the U.S. Copyright Act of 1976Copyright Act of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions...
, registration of a work with the Copyright Office
United States Copyright Office
The United States Copyright Office, a part of the Library of Congress, is the official U.S. government body that maintains records of copyright registration in the United States. It is used by copyright title searchers who are attempting to clear a chain of title for copyrighted works.The head of...
is not a prerequisite for copyright protection.