Legality and national and international legal effectiveness of Safe Creative’s Copyright Registration Service

There is little doubt about the legality and legal effectiveness of Safe Creative´s private copyright registration. When dealing with copyright, any evidence, public or private, is admissible; being the one provided by Safe Creative very robust (it uses triple fingerprinting “hash” and double timestamp)…

Most registries, including those offered by the states, have the basic value of a presumption and can be challenged by any rebuttal allowed in a trial. *

 

If before sharing and disseminating a work, authors record their authorship at Safe Creative it will be impossible for anyone else to make another certificate with the same technological robustness and at an earlier date.

All signatory states of the Berne Convention included in their laws that the generation of copyrights corresponds to the author by the mere fact of the creation of a work, so in all of them is therefore legal and valid any authorship evidence based on technology, such as the one Safe Creative provides.940px-Berne_Convention_signatories.svg

As an example we have seen in previous blog posts the policy development confirming its validity in law as Argentina or Mexico.

With regard to the Spanish law we want to share this concise report by Borja Adsuara, law professor, lawyer and legal advisor in the field of information technology that supports the usefulness and legal validity of the registration at Safe Creative.

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LEGAL BASIS

Berne Convention for the Protection of Literary and Artistic Works (WIPO) of 9 September 1886.

Royal Legislative Decree 1/1996, of 12 April, approving the revised text of the Law on Intellectual Property, the regularizing, clarifying and harmonizing the existing legislation on the subject.

281/2003 Royal Decree of 7 March, Regulation of the General Registry of Intellectual Property is approved.

 

REPORT
1. The Berne Convention for the Protection of Literary and Artistic September 9, 1886 Works, says in its Article 5: Rights guaranteed (as revised Convention held in Berlin in 1908, contained in the present Act of 1971 Paris Convention): 2) the enjoyment and exercise of these rights shall not be subject to any formality

2. Spanish Intellectual Property Law (Royal Legislative Decree 1/1996, of April 12), in Book One (of authors rights), Title I (General Provisions) states: Article 1 Incurrence: Intellectual Property of a literary, artistic or scientific work is for the author by the mere act of its creation.

3. And later, the Spanish Intellectual Property Law, in Book III. (From the protection of rights under this Act), Title II. (The Registration of Intellectual Property) provides: Article 145.3: “It shall be presumed, unless proven otherwise, that the rights are registered and belong to their owner in the form specified in the respective record.”

4 .Regulation of the Spanish Intellectual Property General Registration (Royal Decree 281/2003 of 7 March) says the same in his 27 Article. Effectiveness of registration: 1, unless proven otherwise, it is presumed that the registered rights exist and belong to their owners in the form specified in the respective records.

5 In the preamble to Regulation (2nd paragraph) states: “In addition, a main feature of this registration institution is of a voluntary and non-constitutive character of the inscriptions for the protection that the copyright law gives which reinforces the idea that the “official” registration rights protection is not necessary.

CONCLUSIONS

1 The “official” Intellectual Property Registration under the Ministry of Education, Culture and Sports, is declarative and voluntary, and not constitutive of rights, as it is, for example, the Industrial Property Registration.

2 It is not necessary, therefore, the recording in it of the existing intellectual property to be protected, and any evidence admissible in law can be provided to evidence the authorship.

3 The existence of a public register does not affect the legality of private records, which have the legal effectiveness of a private document, exist throughout the world and are recognized and valued by WIPO.

Borja Adsuara

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* Notice that the United States Copyright Office is mandatory for those US citizens that wish to be able to sue in case of copyright infringement and opt to statutory damages and other advantages. For other citizens of other countries also registration is mandatory if they wish to take advantage of this in the USA.

Download the official Safe Creative app for free

safecreativeapp

The new official Safe Creative’s app for Android devices is available for free now!

Now you’ll be able to easily register all your pictures, videos or other files as soon as you create them right in your smartphone or tablet.

You can install it by visiting this link:

Puedes instalarlo haciendo clic aquí:

http://bit.ly/safecreativeapp

 

 

or reading this QR code:

Generador de Códigos QR Codes

 

 

 

 

 

 

 

 

 

 

 

Soon it will also be available por iOS devices (Apple iPhone)

Any suggestion to make this app better, please send it to us here: http://www.safecreative.org/contact 

WIPO and Private Copyright Registrations

The World Intellectual Property Organization says in its official web about the “Copyright Registration and Documentation” (1):

Principle of Protection without Formalities

The prohibition of formalities for copyright protection is the result of a historical process.

Before the 1886 Berne Convention, each country had its own rules for recognition of copyright in a work. Consequently, authors had to comply with formalities on a country-by-country basis.

The Berne Convention introduced the principle that authors in Union countries need only comply with the formalities imposed by the country of origin of a work.

This rule was replaced in the 1908 Berlin revision of the Convention by the current principle of formality-free protection, reflected in Article 5(2) of the present Paris Act 1971, according to which the enjoyment and the exercise of copyright shall not be subject to any formality.

» Read more..

C3S SCE and Safe Creative announce cooperation

August 21, 2014, Duesseldorf/Zaragoza – At c/o pop convention Cologne, the upcoming Cultural Commons Collecting Society (C3S SCE) and Safe Creative announced their joint declaration to cooperate. C3S SCE is open to multiple ways of licensing for musical works matching perfectly the registry approach of Safe Creative.

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C3S SCE and Safe Creative are committed to work together to explore and study collaborations between them. The aim of their collaboration is to both allow their users to seamlessly integrate registration, rights information, enforcement in a fair way and collecting at the same time. Users still can use any other service or system of their preference.

Mario Pena, CBDO at Safe Creative: „Safe Creative acknowledges the effort of C3S SCE and considers it a great project as it brings a wider scope in licensing and more flexibility to creators when deciding how to generate value out of their contents. Safe Creative is all in favour of giving options to users and in particular when they are allowed to work on specific creations.“

Wolfgang Senges, Executive Director C3S SCE, points out: „C3S SCE recognizes that online private registrations such as Safe Creative are useful tools in a digital context to help creators express and enforce their rights in whatever form might be, ranging from ‚all rights reserved‘ to ‚some rights reserved‘. Forced limitations by providing only one of both options does not represent the real world.“

Both entities, technology based, represent the need to adapt creators’ tools and organizations to the digital era taking advantage of the possibilities of the Internet.

With the knowledge of both entities and the feedback of creators, authors and companies, C3S SCE and Safe Creative will identify, analyze and tackle the challenges to find and develop innovative solutions by joining forces whenever possible and necessary.


About the C3S SCE

The C3S SCE started in 2010 as an initiative for the founding of a modern collecting society for music.

An increasing number of musicians can not, or do not want to, be represented by one of the existing collecting societies. The C3S SCE is conceived as a European cooperative association (not as an economic association), where all users have the same right to vote (not only those with a high income). It is the goal of the C3S to use modern communication technology in order to enable uncomplicated processing and optimal fairness of distribution.

Unlike the exclusive representation of an artist’s full catalogue of works, which is required by the GEMA, the C3S will allow the licensing of individual works. Apart from the classical copyright, the support of all Creative Commons licensing contracts will create market equality for alternative licensing concepts. After a successful start in Germany, the area of certification will be gradually expanded all over Europe.

About the Safe Creative

Safe Creative was founded in 2007 to provide simple and affordable registration services to match today’s digital creators’ needs. Since then it has become the leading online copyrights registration service in the Internet with over 130.000 creators, companies and rights holders using its services to inform and manage their copyrights information on and off line.

Safe Creative also interacts with other online services and projects in very flexible ways to add value in both directions, keeping always authors’ real and ever evolving needs in mind.

Registering specific and related rights in Safe Creative.

Registering specific and related rights of any work registered in Safe Creative

Tutorial about how to register specific and related rights or any work registered in Safe Creative

Safe Creative unifies the Premium and Professional account services.

  • Safe Creative’s account model is simplified: Basic or free, professional and corporate
  • The professional account becomes more affordable by lowering its price.
  • All Premium accounts are upgraded to Professional ones, with more services at a lower price.

Safe Creative joins into a single account the premium and professional services thus leaving three the ones that can be contracted: basic, professional and corporate. This way current premium accounts extend their functionalities with which until now were typical of professional ones. This change does not involve any cost, and in turn the price of professional account is lowered from 85 to €60.

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In addition to these changes, all accounts will have the same available storage space to hold the registration evidence of the works: 20Gb, as well as access to the general inquiries about copyrights service that will be answered by copyright experts.

To ensure the strength of the generated evidence of all records that are made on any account, they will remain indefinitely in our systems and will be regularly revised to apply any new technological developments as they occur. Links and public registration information services will be permanent in any active professional and corporate account. In basic accounts public information services and records management will remain active for 12 months after inscription and can be turned back on by upgrading the account at any time.

Thanks!

http://www.safecreative.org

http://www.facebook.com/safecreative

http://www.twitter.com/safecreative

 

How to register third party copyrights

Tutorial about how to register third party copyrights in Safe Creative


 

Dynamic labels in line

We’ve just deployed a new feature; the possibility to generate dynamic lables with basic registration information in simple lines.

This labels can show updated live data about three basic key informations: Title, author and license or rights declarations as the author configures.

You can access them at the informative labels section right by your registrations selecting the “line” layout in the dynamic tab.

dynamic-line