Editing Poor man's copyright (section)

'''Poor man's copyright''' is a method of using registered dating by the [[Mail|postal service]],<ref>[https://www.copyright.gov/help/faq/faq-general.html Copyright in General] {{Webarchive|url=https://web.archive.org/web/20221027211332/https://www.copyright.gov/help/faq/faq-general.html |date=2022-10-27 }}, Copyright.gov, https://www.copyright.gov/help/faq/faq-general.html {{Webarchive|url=https://web.archive.org/web/20221027211332/https://www.copyright.gov/help/faq/faq-general.html |date=2022-10-27 }} .</ref> 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.

In countries with no central copyright registration authority, it can be difficult for an author to prove when their work was created. The [[United Kingdom Patent Office]] says this:

<blockquote>... 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.

This does not prove that a work is original or created by you...<ref>{{cite web| url=http://www.ipo.gov.uk/types/copy/c-about/c-about-faq/c-about-faq-protect.htm|title=Intellectual Property Office - How do I protect my copyright?|publisher=Intellectual Property Office|date=2008-08-17|accessdate=2013-11-30|archive-url=https://web.archive.org/web/20120703100720/http://www.ipo.gov.uk/types/copy/c-about/c-about-faq/c-about-faq-protect.htm|archive-date=July 3, 2012}}</ref>
</blockquote>

There is no provision in United States copyright law regarding any such type of protection. A work of original authorship is protected by United States copyright law once it is fixed in a tangible medium of expression.<ref>{{Cite web |title=Chapter 1 - Circular 92 {{!}} U.S. Copyright Office |url=https://www.copyright.gov/title17/92chap1.html |access-date=2022-10-27 |website=www.copyright.gov |archive-date=2017-12-25 |archive-url=https://web.archive.org/web/20171225173213/https://www.copyright.gov/title17/92chap1.html |url-status=live }}</ref> According to section 412 of the U.S. [[Copyright Act of 1976]] (17 U.S.C. 408), registration of a work with the [[United States Copyright Office|Copyright Office]] is a prerequisite for copyright protection.<ref>{{cite web|url=http://www.copyright.gov/title17/92chap4.html#408|title=U.S. Copyright Office - Copyright Law: Chapter 4|first=U.S. Copyright Office|last=(www.copyright.gov)|publisher=|access-date=2009-05-17|archive-date=2009-08-27|archive-url=https://web.archive.org/web/20090827021031/http://www.copyright.gov/title17/92chap4.html#408|url-status=live}}</ref> Poor man's copyright is therefore not a substitute for registration. [[Eric Goldman]] has noted that there is an absence of cases that give any value to the poor man's copyright.<ref>{{cite web|url=http://blog.ericgoldman.org/archives/2016/10/how-will-courts-handle-a-poor-mans-copyright.htm|author=Eric Goldman|author-link=Eric Goldman|title=How Will Courts Handle A "Poor Man’s Copyright"?|date=26 October 2016|publisher=|access-date=26 October 2016|archive-date=27 October 2016|archive-url=https://web.archive.org/web/20161027123651/http://blog.ericgoldman.org/archives/2016/10/how-will-courts-handle-a-poor-mans-copyright.htm|url-status=live}}</ref> He also states, "To establish copyright infringement, the author must show copying-in-fact and wrongful copying. The postmark has no relevance to the wrongful copying question."<ref>{{Cite web |last=Copyright |first=Eric Goldman · in |last2=Evidence/Discovery |last3=Patents |date=2016-10-26 |title=How Will Courts Handle A "Poor Man's Copyright"? |url=https://blog.ericgoldman.org/archives/2016/10/how-will-courts-handle-a-poor-mans-copyright.htm |access-date=2022-10-27 |website=Technology & Marketing Law Blog |language=en-US |archive-date=2022-10-27 |archive-url=https://web.archive.org/web/20221027202427/https://blog.ericgoldman.org/archives/2016/10/how-will-courts-handle-a-poor-mans-copyright.htm |url-status=live }}</ref> However, according to the Copyright Alliance, the postmark could provide some value in an infringement action if it is used as evidence that the work existed on a particular date, or before the date of creation of another work.<ref>{{Cite web |date=2016-09-07 |title=What Is a "Poor Man’s Copyright"? |url=https://copyrightalliance.org/faqs/poor-mans-copyright/ |access-date=2022-10-27 |website=Copyright Alliance |language=en-US |archive-date=2022-10-27 |archive-url=https://web.archive.org/web/20221027203314/https://copyrightalliance.org/faqs/poor-mans-copyright/ |url-status=live }}</ref>