Faqs

← Faqs

5.- Legal

Copyright law is a set of rights belonging to authors and other rights owners (performers, producers, broadcasters …). Copyright laws provide procedures in cases of infringement of exclusive rights, protection of rights of remuneration, and, in some jurisdictions, provide moral rights. These laws offer protection to the holder of the copyright, whether the rights belong to the author, a third party, or holders of related rights.

In countries that have signed the main international copyright treaties, such as the Berne Convention, the registration in the national copyright services is voluntary. Enrollment in a public registry is not mandatory to acquire a copyright or to obtain the protection that laws grant to authors and other copyright holders. However, registration does serve to protect those rights, since they create a “iuris tantum”: rebuttable presumption of the existence of those declared rights.

Since international copyright treaties do not require formal requirements to protect the authorship and exploitation rights of works (which generally last for the creator’s lifespan plus 70 years), judges will assess all the evidence presented in case of conflict to resolve the competing rights, whether the evidence comes from public records or not.

Therefore, a private copyright registration has the same effctiveness and the advantage of offering evidence of authorship as public registration would in deterring plagiarism – in many cases free of charge – and has the advantage of generating the strongest technology based global evidence, immediately available and transparent online information, which facilitates interaction between rights holders and the users of the works.

If you want to know more about the Berne Convention you might visit this link:
http://en.wikipedia.org/wiki/Berne_Convention_for_the_Protection_of_Literary_and_Artistic_Works

Also you might be interested into reading some of the following articles:

WIPO and Private Copyright Registrations.

Article about national and international effectiveness

Effectiveness in Spain (in Spanish): http://es.safecreative.net/2009/02/24/eficacia-juridica-y-probatoria-de-las-inscripciones-en-el-registro-de-safe-creative/
In Mexico (in Spanish): http://es.safecreative.net/2011/06/06/validez-como-prueba-del-registro-safe-creative-en-mexico/
In Argentina (in Spanish): http://es.safecreative.net/2011/05/16/%C2%BFes-posible-el-registro-de-obras-en-internet-validez-de-safecreative-en-argentina/
In the USA: http://en.safecreative.net/2009/04/06/legal-and-evidential-effectiveness-of-inscriptions-in-safe-creative%e2%80%99s-register/
Register your works in USCO with Safe Creative: http://en.safecreative.net/2011/06/07/register-your-works-in-the-u-s-copyright-office-from-safe-creative/

Rights: http://www.safecreative.org/work/1109270148319

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


Ensuring the integrity of the registered work:

The registration record is accompanied by a digital copy of the copyrighted work or of a representation or description sufficient for unambiguous identification of the content.

In conducting the registration, the computer system uses two functions or algorithms to generate two different keys, of which each separately can be used at any time to check the integrity of the file.

Three keys are extracted from the deposited file: one usding a MD5, the other using a SHA1 algorithm and the other using a SHA 512 algorithm.

With this system the proof that guarantees that the file has not been modified is based on the fact that it relates not only to a single hash code, but to three different ones simultaneously.

The technical assurance of the integrity of a file that can simultaneously address two key hashes is absolute.

Registration date guarantee:

To also offer a reliable and irrefutable guarantee of the accuracy of the registration date, the system uses time stamping technology, and as it does with the file integrity identification keys, it is also applied reduntantly by stamping one time stamp to the registered file keys with Safe Creative’s time stamp server, and over this time stamp applying a second one from Firma Profesional (Ministry of Industry of Spain homologated time stamp server) thus demonstrating the exact coincidence of dates in both servers at the moment it happened and therefore a total accuracy.

http://en.safecreative.net/faqs/safe-creative-and-traditional-registries/

Safe Creative and traditional registries

What is the difference between registering at Safe Creative or at a traditional copyright official registry?

When authors register their works on a copyright registry, they are creating an authorship proof they might use in case it’s needed.

Safe Creative adds long requested values to improve security and legal enforcement to the new dimensions of copyright:

Works’ format: Traditional registries have specific rules many times quite outdated. For instance they state that for musical creations it’s mandatory to provide a score and do not allow the MIDI or .ogg nor .mp3 formats.

New licensing options: Besides authorship in Safe Creative, you can state the exploitation rights policy you want, as well as the most common open or copyleft licenses.

Global: As official copyright registries are national, you are limited to a territory. Safe Creative receives and gives information worldwide, so you can search for registered works in other countries.

Free of charge: Safe Creative has a basic service which is free of charge. Anybody can use it not needing to spend any amount of money.

Agility: Being an on-line service, authors can modify the rights they keep on their works. The registry keeps track of the license changes and end-users can check the actual rights at any moment.

Anyway, the deposit of a work in a traditional registry and in Safe Creative are not excluding. Authors can strengthen the authorship proof by registering in both systems.

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


Safe Creative needs certain rights to register, make available the work and other purposes (such as indexing, streaming,…), so the user must authorize this. This authorization excludes any act of exploitation different from the uses strictly listed above, which does not affect the commercial use of the work.

Users can register on Safe and not give any right, but then the registration will have to be private; Safe Creative will then not allow the download the work by others, nor will be possible to turn some professional services on, or anything else than just storing the work.

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


Once a work is registered neither the title, author or content of it can be modified as the registration proof is based in the fact that “that” is the precise works that was registered at a specific time and UTC time.
However, any modification is susceptible of new registration, though it is recommendable not to create confusion to the possible users by registering too many times the same work with no substantial changes. Whenever the author of a work makes any kind of change on it and registers it again, it becomes a “derived work”, by the 11th article of the Law of Intellectual Property (Spain).

Regards the title of a modified work and registered again, the Law does not prohibit to keep the same title as the first version.
It could be that two works from different authors have the same title. In that case, the Intellectual Property Law (Spain) in it’s 10.2 article, says that a title is only protected whenever it’s original. Is quite commons and perfectly legal that two authors have each one a song with the same title “The Dawn”. On the other hand a title containing, for instance, the name of one of the main characters of a the book like “Alice in Wonderland” would be considered as original and thus protected by copyright laws.

What you can change:

* The license of the work.
* Whether the registration is public or not (if others can see who the author is and he’s rights).
* Whether download of the work is available or not (if other, when consulting the rights, will be able to download the work)

Further questions? Check the rest of FAQs…

or contact our support team

Permalink


The registration declaration is a document which contains all the authorship and copyright information that has been registered in Safe Creative for a specific work.
The registration declaration provides relevant data on those works we want to use and which are very valuable in the case of being warned of alleged misuse of it.
It is desirable that the user of a copyrighted work obtains it. Why? It identifies the work with the registration code, title, author or rights holder, registration date and, above all, with the valid license given at the date of application.
The note will provide support to users in the event that the author changes the license first given, for under the varying conditions might occur that he or she decides to claim misuse of an earlier accessed work.
Registered works can be deleted from the edition page, but for security reasons for those users who might have consulted the registrations and the rights, the deletion means that the inscription will not appear on the queries of the registry, but Safe Creative keeps the information as a security procedure.

The note, therefore, supports the user of another’s work.

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


In the case or event of your work being plagiarized or used in an allegedly unlawful manner now you can send Cease and Desist letter directly from Safe Creative. You can select the option clicking on the icon of the work in “my registration” view. You will find the “Send Cease and desist” option. The system will generate a letter requesting to stop such activities to the person allegedly infringing your copyrights.

To complete the letter you have to get the email address of the alleged offender. He or she will receive an email with a link that allows him or her to answer. When the issue gets answered you will receive notification of it by mail. Upon receipt of that response you can decide new actions to take. Before using this utility we highly recommend you to seek the advice of an attorney.

Feature included in professional Accounts.

To check prices go to: http://www.safecreative.org/pro

Further questions? Check the rest of FAQs…

or contact our support team

Permalink


This is a service included in premium accounts.

By contracting those accounts users will be able to ask general copyright related questions to experts in copyright matters. This service shall not imply the reviewing or drafting of claims, legal representation, demands, complaints, contracts, reports or opinions or other writings, actions or administrative or judicial proceedings.

Also allows access to our general copyright frequent questions database without limitation. The database contains resolved queries, reports, articles and analysis developed by copyright experts according to the most common or relevant issues that have been and that will be keep being proposed .

Letters of “Cease and Desist” that can be used in alleged copyright infractions.

And, also without limitation, the assisted drafting, through the access to the repository of most commonly used contract models, for copyrighted works.

This service is provided by non-lawyers not being nor substituting proper legal advice by any means. To get legal advice you will need to contact a lawyer directly and or check the ones we recommend here.

 

To check prices go to:  http://www.safecreative.org/pro

 

Further questions? Check the rest of FAQs…

or contact our support team

Permalink


What is copyright?

A definition could be: the rights a creator of a literary, artistic or scientific work has to enforce their authorship and prohibit or authorise others to use her work.

The legislations of almost all countries do recognize that authors have several rights upon their works. Generally speaking, thanks to those rights authors can decide whether their works can be reproduced, translated, distributed or not, and the terms in which they can be used, broadcasted or modified.

Continental Law Systems recognizes two kind of basic rights, moral and economic.

Moral rights, with possible variations from one legislation to another, relate to the right to be credited or mentioned as the author of the work, the right to decide if the work might be disseminate, if it will be disseminated with the real name or pseudonym, the right to enforce the integrity of the creation, the right to withdraw the work of trade, right to retract or repent, right to access to the unique copy…

In many legislations, such the Spanish one, moral rights are unalienable and cannot be waived.

Economic rights are the rights who provide royalties to the creator and can be transferred, so the author has to authorize anyone the reproduction or performance of each work, so to say, the possibility to copy, record, public performance, broadcasting or transform it.

A legal post explaining the Copyrigt Scope: moral and economic rights is available at here.

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink

0 Comments - Leave a Comment

To register a work is optional. The copyright of a work belongs to the author for the mere creation of it and not because of registering it. The registration is a way for prooving the authorship of certain work.

Nevertheless, although this is the general rule, some legislations require to register a work for certaing legal advantages, so if you have any doubt, please contact a local lawyer.

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


A registry of a copyrighted work can be used as an authorship proof for a specific work and for the rights the author deserves.

Is a typical system to protect authors’ rights specially for recently created works. In these situation a work is under the risk of being plagiarised by third parties that can take the work and distribute by certain ways before the creator does. In other cases, the registry is useful for preserving the state, content and rights expressly defined by the creator, so users can look up the registry to see the status of a certain work.

Except in some legislations, the registration of a work creates no rights, it is just a way to demonstrate and display them.

The author who after creating a work registers it, gets a registration testimony (a digital certificate at Safe Creative) saying that at a specific time the author claims authorship upon it and this can be shown through the copy left in deposit.

This way the author when starts to distribute copies, models or first copies of the work, if somebody else tried to claim the authorship of it, the real author will have an earlier in time proof that says he/she is the author.

Another service for additional protection, and with a preventive and deterrent effect is to include, in any distribution or display of the work, the label of Safe Creative’s registered works we provide along with each registration; this will state that the author already has a protection mechanism against plagiarism.

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


Authors have the right to decide how their works should be used, distributed or modified.

The new technologies mean two very important changes on creative process:

1.- New ways to create: digital photography, 3D modeling programs, audio and video digitalization, publication of articles through blogs on the Internet, design or photography retouch programs; are just some examples of the techniques which bring new ways of creativity making it more accessible to people.

2.- Ease to communicate creative works through Internet: Allowing authors to distribute the work not only in their countries, but in the whole world without the need of the service of other professionals and companies. They can do it with lowest costs.

So we have a lot of people being able to produce creative works, more ways to create and it is much easier to distribute them. This changes have open new copyright dimensions: the open licenses and between them the copyleft ones.

Until a few decades ago, to achieve authors rights to be a reality, so to say, to enforce third parties to use the work as the author requested, there was one copyright model in the sense of “all rights reserved”; which means that in order to modify, distribute, publish or copy a work, anybody had to ask the author to get permission case by case. This way of copyright was the only way to guarantee authors what to do with their works.

Once the digital format appeared to support works, and the ease of communication and diffusion the Internet brings, some authors saw the possibility to put their works online, but not to leave them untouchable by default, but instead to allow others to add parts, improve, sell, distribute, modify them with derivatives having to bear the same possibilities or others…

Open software was pioneer in this new dimension of copyright: copyleft is a way to license in such way authors not only do not prohibit some uses of their works, but want others being able to make derivatives and commercial uses of the those without having to request specific permission as long as the derivatives allowed the same uses too.

Some authors want, for instance, that their work might be distributed, copied, reproduced or modified without having to get specific permission. Others allow distribution or reproduction as long as it is without commercial purposes. In this case they reserve for themselves only some economic rights for those commercial purposes. Same might happen with derivatives. Some allow them, others don’t.

Generally speaking these are the open licenses being some of them copyleft.

In the last years, the most used protection used for contents called “all rights reserved”, also called “full copyright” has been complemented with the “some rights reserved” philosophy including copyleft licenses.

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


What is the difference between this service and Creative Commons?

Creative Commons is a set of open licenses that reserve not all rights for the author but some of them instead.

Safe Creative is not a licenses system but a copyright registry. This means that both projects are quite different. As author you can decide which rights to keep or waive. You can keep them all, or give some of them thanks to license texts such as the ones Creative Commons provides, GPL, etc.

Regards of the way you choose to license your work, you will have to be able to proof you are the author in case of illicit use, plagiarism, etc.

In this article you have wider explanation of the differences between both systems: http://es.safecreative.net/2008/03/03/%c2%bfes-lo-mismo-safe-creative-y-creative-commons/ (in Spanish; a translation to English is under process).

Basic Creative Commons Licenses

Attribution Attribution: This license lets others distribute, remix, tweak, and build upon your work, even commercially, as long as they credit you for the original creation. This is the most accommodating of licenses offered, in terms of what others can do with your works licensed under Attribution.
Attribution No Derivatives Attribution No Derivatives: This license allows for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to you.
Attribution No Derivatives Non commercial Attribution Non-Commercial No Derivatives: This license is the most restrictive of our six main licenses, allowing redistribution. This license is often called the “free advertising” license because it allows others to download your works and share them with others as long as they mention you and link back to you, but they can’t change them in any way or use them commercially.
Attribution Non commercial Attribution Non-Commercial: This license lets others remix, tweak, and build upon your work non-commercially, and although their new works must also acknowledge you and be non-commercial, they don’t have to license their derivative works on the same terms.
Attribution Non commercial Share Alike Attribution Non-Commercial Share Alike: This license lets others remix, tweak, and build upon your work non-commercially, as long as they credit you and license their new creations under the identical terms. Others can download and redistribute your work just like the by-nc-nd license, but they can also translate, make remixes, and produce new stories based on your work. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature.
Attribution Share Alike Attribution Share Alike: This license lets others remix, tweak, and build upon your work even for commercial reasons, as long as they credit you and license their new creations under the identical terms. This license is often compared to open source software licenses. All new works based on yours will carry the same license, so any derivatives will also allow commercial use.


Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


Depending on the characteristics of the work, and existing even different arguments amongst lawyers, it may be questionable whether a script or TV format should be considered a literary or artistic work, and therefore deserving the protection of copyright itself. Therefore in cases where the author or creator of the format of a television show had to go to a judicial or expert to defend their legitimate rights and interests, the legal defense could be based, among others, both in existing intellectual property law and unfair competition.

Still in any legal defense strategy an effective proof of authorship is needed, so registering a script or television format in Safe Creative is a piece of evidence that provides strong protection against plagiarism and usurpations, beyond consideration of the type of work a format or television script to be considered.

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


Many users have asked us whether they can register their own name as a trademark at Safe Creative. The short answer is no, because trademarks are not artistic, literary or scientific creations (what copyright protects), they are words, symbols, devices or names used for the purpose of trading goods. For obtaining a trademark you have to follow an administrative process through an official body or agency and pay a fee, similar for a patent registration, and it is granted for a period of time.

This said, it is true that trademarks and copyright are perfectly compatible, being possible to protect, for instance, an original logotype through copyright (as an pictorial or graphic work) and as trademark. In this cases, the registration at Safe Creative could have effect before possible plagiarisms of third parties, but users have to consider the limited effects compared as if the logo was registered at a Trademark Office.

Further questions? Check the rest of FAQs…

or contact our support team.

Permalink


What should we do if we find any our contents allegedly plagiarized or otherwise illegally used?

The first thing is to keep the cool. The worst thing we can do is to act impulsively or driven by anger. Take a deep breath, relax and wait 24 hours before doing anything. If you already have your work registered with Safe Creative, you have much of the way covered. That said there are several things you should do, but ultimately it all depends on the specific circumstances of each situation.

1 .- The ideal is to have a lawyer to advise you. This is the basic principle that we should always observe. While many times by one or another reason we do not have one, a good copyright lawyer, is the best guarantee for any initiative to succeed, avoid errors and waste time. However there are other factors to consider.

2 .- Evaluate the situation. Coldly analyze what do you want to happen. Do we want the content to be removed? Maybe to get some sort of compensation? Do we have been plagiarized by a large multinational or perhaps it’s been just a little blog that nearly nobody reads? Is it worth getting into legal disputes for a paragraph, or a complete ebook of us has been copied and is being sold out there without even proper attribution? We must respond these questions and from the answers we will know what to do next.

3 .- Friendly solution. This is something you really have to think about, but in most cases the plagiarism and in general any misuse happen becasue of a simple confusion or not malicious mistake, like the sheer ignorance that comes from the belief that what is on the Internet, for instance, is free to use in whatever way one might want. Many times you can solve everything with a friendly approach that saves troubles to all. Depending on the analysis of the situation we might try to prove a friendly approach to solve the problem. In a significant percentage of cases sending a friendly email to remove the content, properly credit or respect the creative commons license solves the problem. If despite this approach the issue is not settled, there are more things you can do.

4 .- Collect your evidence of authorship. If you haven’t already done so, download from Safe Creative (or from the online copyright registry you’re using) your registration certificate and the registered content. You might give this authorship to you lawyer. If your lawyer happens to need more technical information about the strength of the evidence, he or she might want to contact us. Our attorneys will be happy to provide any required documentation.

5 .- Collect proof of the alleged illegal use. Your attorney will take appropriate measures to ensure the evidence of the alleged offence doesn’t disappear. Usually this is something to do with a notary. Note that if you start a process and then the site that has allegedly plagiarized your work happens to “disappear” you might find yourself in the situation of not being able to show that your content has been illegally used. You might use SafeStamper.

6 .- Send “cease and desist” letter. One option you have, if you like to try in case it might work, is to send a “cease and desist” request letter from Safe Creative. Go to “My works” and to the drop-down “More Actions” on the right of the content, then select “Send Cease and Dessist” You will need the email address of the person who allegedly illegally used your content. Fill in the fields to send the letter. You can keep track of the incident and see if the person has agreed to your request or not.

7 .- Initiate legal action. If the delivery of the “cease and desist” request does not change the alleged plagiarist attitude or even if he or she does, you still can take legal action, yes, always advised and guided by a good lawyer.

Too often there are people who will not or can not afford a lawyer. If this is the case, and the letter of incidence has not taken effect, you might want to bring out the case -without defamation nor insult- using the tools the Internet gives you for the dissemination of information.

Safe Creative #1006086546875

Further questions? Check the rest of FAQs…

or contact our support team

Permalink


← Faqs

 

 

 

 

Further questions? contact our support team.