On Tue, 21 Jul 1998, Thomas Workman <tworkman[_at_]erols.com> wrote:
>
> Dan L. Burk <burkdanl[_at_]shu.edu> wrote:
> >
> > On 07/17/98, Brigid S. Delaney <wiredheart[_at_]hotmail.com> wrote:
> > >
> > > After all, when you submit work to the copyright office (say Form
> > > TX for nondramatic literary work) isn't the assumption made that
> > > you are indeed the creator of said work?
> >
> > Yes, however the office does a search to see if you are blatantly
> > attempting to register someone else's work.
>
> What CFR or experience leads you to believe his is the procedure?
> My experience is that it is not the case...
I personally find it difficult to believe that the CO researches every time someone sends in work. For instance, the last package I sent in included 8 short stories and about 60 poems.
How would they research the originality of anyone's work? To do so effectively would mean that they would have to read each work or scan each work into a computer with a huge data base to compare words/works.
They can't compare on titles considering that titles are not copyrightable and if someone was attempting to copyright another's work as their own, they would hardly use the same title.
.... which brings me to the conclusion that hypothetically, someone could have already infringe (whoever's) works by copying them and submitting them as his own.
Hmmm. What then? I assume that the first person to actually register would be given greater credence in a court. I still can't imagine why anyone would copyright another's work. If you're infringing the works of an unknown writer - you'd have little to gain unless you see a particular work as being financially beneficial in the future. It all seems rather foolish on the part of the infringer, although I don't doubt that are those that foolish.
Brigid S. Delaney
<wiredheart[_at_]hotmail.com>
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