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<blockquote data-quote="MJEggertson" data-source="post: 127087" data-attributes="member: 845"><p>The copyright laws appear to be a pretty beautiful thing. From my understanding after browsing them for an hour or so, the copyright goes to the original author. The actual act of registering a copyright is practically worthless, essentially just registers a date when *you* made your product.</p><p></p><p>John Doe registers a copyright for his material on 2000. Knowing that competitor, Jane Doe had a similar thing since 1998, he sue her for infringement. Stupid John though, since Jane can prove that her product has been around since 1998, John's copyright is invalid. Infact, since Jane has proved that her work was around in one form or another since 1998, and John has stated in his registration that his product came in at 2000, Jane pretty much has a closed case against John for copyright infringment.</p><p></p><p>The key to a copyright, I believe, is having your work available in a 'constant' form (I forget the wording). So for software, the initial slew of releases, where each release is totally different isn't probably going to make much of an argument. But when you get to the beta stage, and you're program has some consistent code, you're good. My suggestion is make a dowloadable version, put it on a server, and leave it there forever. Even if you update it, leave it there. The date stamp on the original document establishes when you first uploaded your product. Make a paper hard copy too, sign and date it, witness it. You should be fine. If you want, pay the $35 for the (C), but I don't think its worth your time, unless you plan on making a significant amount of mony from your product.</p><p></p><p>Trademarks though (registered or no), are entirely different, and I have no idea about them.</p><p></p><p>As for defending yourself against copyright infringement, in the case of using names from 3E material, like you said, I don't think you have a problem. Copyright laws are based on <strong>content</strong>, not titles or names (trademarks aside). A general disclaimer though, is always polite, and its (legally) a good idea to make absolutely clear that you are not affiliated with any of the TM or (C) holders.</p></blockquote><p></p>
[QUOTE="MJEggertson, post: 127087, member: 845"] The copyright laws appear to be a pretty beautiful thing. From my understanding after browsing them for an hour or so, the copyright goes to the original author. The actual act of registering a copyright is practically worthless, essentially just registers a date when *you* made your product. John Doe registers a copyright for his material on 2000. Knowing that competitor, Jane Doe had a similar thing since 1998, he sue her for infringement. Stupid John though, since Jane can prove that her product has been around since 1998, John's copyright is invalid. Infact, since Jane has proved that her work was around in one form or another since 1998, and John has stated in his registration that his product came in at 2000, Jane pretty much has a closed case against John for copyright infringment. The key to a copyright, I believe, is having your work available in a 'constant' form (I forget the wording). So for software, the initial slew of releases, where each release is totally different isn't probably going to make much of an argument. But when you get to the beta stage, and you're program has some consistent code, you're good. My suggestion is make a dowloadable version, put it on a server, and leave it there forever. Even if you update it, leave it there. The date stamp on the original document establishes when you first uploaded your product. Make a paper hard copy too, sign and date it, witness it. You should be fine. If you want, pay the $35 for the (C), but I don't think its worth your time, unless you plan on making a significant amount of mony from your product. Trademarks though (registered or no), are entirely different, and I have no idea about them. As for defending yourself against copyright infringement, in the case of using names from 3E material, like you said, I don't think you have a problem. Copyright laws are based on [b]content[/b], not titles or names (trademarks aside). A general disclaimer though, is always polite, and its (legally) a good idea to make absolutely clear that you are not affiliated with any of the TM or (C) holders. [/QUOTE]
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