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Re: LEGAL DEPOSIT OF BOOKS



At 11:36 AM 5/28/97 -0400, you wrote:
>>This is indeed 'all wet'.  It provides no legal protection whatsover.
>>
>>Derek L.
>>
>Derek---I'd be interested in seeing the authority for your statement.

Sam;

Talk to a copyright lawyer rather than listening to urban legends.  People
tend to 'believe' in the 'mail it to myself' method because it's been an
urban legend for many years (decades).

> My
>understanding is that the registration does not *confer* rights but just
>provides conclusive (I guess) proof of the latest possible date of
>creation. The unregistered copyright is just as valid as the registered
>one. The problem is proof of date. Any other probative evidence of date can
>also be used but may not be conclusive.  The failure to register injects a
>fact issue into the case which may be found against the creating artist but
>this is a question of evidence, not a question of the legal validity of the
>copyright. Obviously registration is the safest way to go and pretty well
>closes the door on the date question. But failure to register does not, in
>and of itself, sink the ship.
>

I never said that failure to register sinks the ship.  I said that 'mailing
to yourself' provides no legal proof.  If you must document an ongoing
creation, then place it on deposit with a lawyer.  No other method will
stand up in a court of law.

Derek


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