Dear Linda;
Is there a way to prove that an article or piece of writing is mine even if a legal copyright wasn't filed? Thanks!
John J.

Hi John;

First, the obvious. I'm not a lawyer, so please don't substitute my advice for one. However, you'll find helpful links at the bottom.

What is copyright?
First of all, you need to understand what copyright is, because proof is a different story.

A copyright provides the copyright holder the right to restrict unauthorized copying and reproduction of their original work (i.e. literary work, movie, music, painting, software, etc.)

Copyright exists, automatically and immediately, when your original work has been fixed in a tangible medium as long as you are a citizen of a Berne Convention country, a Universal Copyright Convention country, or a country that is a member of the World Trade Organization (WTO).

This covers citizens of USA, Canada, Australia, the UK - many, many other countries.

You might also like to know that your copyright doesn't exist just in your country... The World Intellectual Property Organization (WIPO) has adopted two treaties (the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty) that address international copyright protection in the digital world.

What are the copyright holder's "rights?"
As a copyright holder, in regard to your original work, you have the right;
 - to make and sell copies of the work (including electronic copies)
 - to import or export the work
 - to make derivative works
 - to publicly perform the work
 - to sell or assign these rights to others

How do you prove copyright?

1. The easiest way, of course, is to have file a copyright registration. While you won't want to do that for every article you write, if a piece of work can create substantial income for you, such as a book or ebook, the $30-$50 fee (depending on your location) might be worth it.
   
   
2. Mark the work with the word 'copyright', with the letter "c" in a circle, followed by your name and the date of creation. Mail it to yourself by registered mail. Do not open the envelope when you receive it. The postal stamp and receipt verifies the time frame should you need it in the even of a legal dispute. Again, this is more helpful in the case of a book or substantial work than for an article.
   
   
3. Deposit a copy of the work (marked as in #2, as above) in a bank or with a solicitor's office. Again, this establishes the date in the event of a dispute. Also perhaps more applicable in the case of a substantially sized work.
   
   
4. Place a copy of the work (also marked as in #2, as above) on an Internet server, which serves as a "tangible medium". Whereas paper serves as the "tangible medium" in the first three instances, the Internet server serves as the "tangible medium" in the case of digital materials.

Article by Linda Caroll. Please feel welcome to reprint this article (in full)
as long as you include a link back to this page