Triple Decker Sketchy Tablet Update!

[Celtic_Emperor]

(Try and say that five times fast. 😛)

Here are the first three sketches I drew on my brand new wacom intuos3 tablet. 😀

Because I wanted to try this puppy out rather than commit to larger projects right off the bat, these are just rough sketches and ideas I may expand upon later in more depth.

First picture I drew is of an original elf character of mine who is gently daydreaming....which is why the picture is intitled "Gentle Wonder".

The second picture is of Evangelion's Asuka Langley (looking a bit haggard) whose gotten up on the wrong side of the bed this morning, and poor Shinji is going to pay the price. ^^; Naturally this one is intitled "Wrong side of the Bed"

Third picture is pretty self-explainitory. Mischievous cat knocks over flower pots so dog gets in trouble. This one is intitled "The dog did It".

Artwork by and © Damien Jones

Asuka Langley, Shinji Ikari & Neon Genesis Evangelion © Hideki Ano

 

[Celtic_Emperor]

Another sketch...

Here's another quick sketch of one of my elf characters. She's the same one in the first post. Rather than create a new thread for it, I'd figure I'd just bump this one up with the new pic included.

Like the other pics in this thread, this was drawn on a tablet.

"Blushing Beauty" I call this one. :happy:

Character and artwork by & © Damien Jones

 

[Low_Roads]

Your elf girl is clearly more alert in this second picture than in the first, obviously reacting to something rather than lost in thought. It's not simply the blush: the set of the eyes and mouth are a bit more rounded, the brows more arched. The shift is subtle, but unmistakable. Taken together, a pleasant play of emotions, almost as though she's been surprised in the midst of reverie! I'd like to see a full body pose for this character one day. Plus I can't help wondering how she'll look in color. And her name... I'm most curious to know her name!

 

[Celtic_Emperor]

Thanks. I can always count on you to see what I see and in detail. ^^

Yeah, several people now have been asking for full body poses of her and when I'll color her. I tell them all the same thing- that I haven't yet because I have settled on what she'll look like and what her main outfit will look like. And because thats a head-to-toe thing, it takes time in figuring it out. Though it most certainly would help in sketching it out and in playing different color schemes.

As for her name, I'm pretty much settled on that and will reveal it soon. Because she is only one of several lead characters in one of my manga series I have to try and balance things out and give them names I actually like and ones that may mean something rather than just slap something on and see if it sticks.

In this case, the story takes place in a fantasy setting, so they won't have common names, at least not the elves anyway.

Man this is alot of work...LOL

 

[Low_Roads]

You're creating a manga series! This is exciting news! As your rollicking witch-hunter dance so ably demonstrates, you handle sequential storytelling with wit and strong internal logic! It's heartening that you're being so thorough, expending so much effort to perfect each aspect of the plot and visuals! This attention to detail will pay huge dividends! Please (without compromising the project) keep us updated about its progress!

 

[Celtic_Emperor]

I've been creating several manga series over the years, but haven't finalized any of them. This one is a more recent idea one, however.

It does pay dividends as you say....but alas....theres a horrible...horrible downside to it, something that overshadows and underminds me and my creations completely, and thats copyrights and issue concerning that.

See, I'm sure you've noticed that I draw alot of fanart. Thats primarily what I do. And theres a reason for it. If someone steals a fanart, sure, I'd still have an issue with the theft or claim to the picture, but the damage is nothing but superficial, because the characters do not belong to me and I don't have to worry about it.

Theres a difference between taking someone else's creations and claiming them as your own, and stealing them, though.

IE- Some talentless loser decides to take your work and share it on other sites claiming its his, and so he gets praise for that. Yes, the idea of that is infuriating, but its something you just have to accept, as theres little you can do, even if you do find out. But this is petty compared to my concern.

My concern isn't with sharing individual pictures like this, its with sharing bigger projects and ideas in whole. Theres a difference between the guy who takes work to claim it's his and comes back when theres new work, and between an actual artist, who, may be a talent in his/her own right and is fully capable of creating their own worthwhile ideas. These people are more and more likely to observe me and what goes into these characters in order to mimmick that professionally or use it to get their foot in the door.

Lets create a hypothetical situation, shall we?

Theres a desperate artist whose looking for worthwhile ideas to pitch to producers and editters for publishing, etc. Lets say they come across me and my ever-growing and popular manga series that I'm sharing online, for free, to major art sites.

This person observes me, my ideas, my thoughts, what makes me and these characters tick, and then steals my persona, my characters and my story. At this point, all they need is the basic plot, the character designs, and motivation of their own- something amply supplied by me already and my genuine love for what I'm doing.

Lets say they pitch this idea to a publisher or editor and they like it, publish it and this person successfully gets what I should have. That has got to be one of the worst feelings there is, and I just don't want to feel that.

Now, as it stands, I am between an amateur and professional artist. I do/have done commissions, so that indirectly makes me a professional, because theres money involved some of the times. What makes me a true professional is having my work published.

I'm at a crossroads. My work isn't good enough yet that it could get published, but thats just a matter of time. Not many years. I've seen alot of the talent professionals bring to the table, and I can honestly say that I can draw just as good or better than some of them even at my skill level. What makes them worthy however is that they have been published, have succeeded in a way I have not yet, and are proving themselves on a level I have yet to. The fans keep them employed, and thats a huge part of it. If people don't like your work or ideas you slip into the cracks of obscurity until you can come up with something.

I'm going to split this into two posts, so its not as much reading in each.

 

[Celtic_Emperor]

So anyway, I have alot to lose. I know that to everyone else it may not seem like a big deal, but then not everyone else is in my situation. See, this isn't about me being a better artist and so a better target. Its not about that really. I mean thats a part of it, but whats its mainly about is the plot, the lifeforce, the characters, everything that makes a series unique, special, and your own.

Its so easy to steal online these days.

This is why you don't see me posting more of my original ideas or any of my stories or manga shorts. On sites such as this, in the tickling community, which is isolated enough as it is, its not a problem. I'm talking about the real world and the rest of the internet.

I believe that I really do have some awesome ideas and great characters and stories. And I know this because I have spent sometimes years putting life and essence to every little detail. I know that, if I ever pitch one of my portfolio creations (ie- perhaps this one included) that even if some of them fail, I know that at least one of them will make it through, will be well recieved, and will lead to me being published. I know that if I stick to my guns and will myself to do this, I can and will. It seems like a fools dream, but its not if you actually think about. Its just a matter of time and technicalities. Its hardly impossible.

Anyways, I have these ideas, as you and lots of other people give me credit for LBH. Every time I share anything original, its like a game of russian roulette, and I'M the one holding the gun, putting it to the head of my characters and asking them if they feel lucky today.

I know this seems paranoid, but if anyone is as serious about their art as I am about mine, and where they're potentially taking it as a potential profession or livelyhood, then you'll see how this whole concern is justified and legitimate, and hopefully understandable.

 

[Celtic_Emperor]

Ok, I guess there needs to be three posts, not two, because now we're to the issue of copyrights, which is what this all revolves around.

I've looked into it, perhaps not thoroughly enough, but I have looked into it. And from what I've learned, EVERYONE has natural copyrights to anything they originally created. This copyright is good for their life plus 75 years thereafter. However, different sources tell me different things. Some say that if there was infringment that resulted in damage or loss you could sue, while others say natural copyrights are no better than a signature, merely stating that its your work and that it does not legally protect you. Some say simply mailing your art to yourself is proof, while others state that its still not enough to be covered for damages.

Then theres actual, governmentally legal copyrights, which is what professionals purchase. But these can be expensive and I don't know if I can afford it, or that I even need it at this stage.

See, this is the danger point, the semi-professional point. I can both lose as a professional and be underminded as an amateur. So its a two-front affair.

I'd love to share everything with everyone but I can't without risk. Its a risk alot of people take, but I'm not sure I can take it until big brother has my back or something.

I know these are really good ideas, and some of these series are winners, but I just can't flaunt them like I'd like to. Not here, not on art sites, not even on my own perosnalized website (if I had one).

I know this all seems like a premature issue to be dealing with, but what some will fail, automatically, to realize is that this is an issue for me RIGHT NOW, not in a while, not in the future, but right now. Because I take this and my art seriously, it is where it is.

I'm not sure what to do this time. My ideas and creations just keep getting bigger and bigger and better and better...and its hard to contain myself like this. I have worlds and universes to share with you and its so much more than what it's seemed so far. It feels wrong, but I'm not stupid, naive, unaware, reckless or so high on what I'm doing that I don't realize the threat of reality.

 

[Celtic_Emperor]

*big sigh* Thats it.

I sure hope that answers your comments/questions. Its just a bad deal...

 

[Low_Roads]

Your points are well taken, Vlad. You've obviously thought things through thoroughly, and you should do the things you believe are best for you. I have no prospects or interest in becoming a professional artist; these are difficulties that would never occur to me. I tend to become enthusiastic (perhaps overbearingly so) about creative energy. You've got plenty of it, and you already share it generously here. I hope I didn't make you uncomfortable by pressing you for details you want to safeguard: you'll share them with everyone soon enough once you've achieved professional status. I have no doubt you'll do that, by the way: you have incredible drive and focus, and an artistic approach that's uniquely your own. In the meantime, you're right to be cautious. The person who steals your creativity steals the best part of you. You'd do yourself great injury by being superficially generous now, only to become bitter and dissillusioned by a bad incident. Never fear: I believe you're on the right track.

 

[Celtic_Emperor]

Thank you for your concern, my friend. 🙂

Although there are things I want to clarify to you:

1.) You didn't make me uncomfortable in any way. This is something I've dealing with for a very long time. People ask me, here on this site, on other sites, non-fetish sites, whereever, people ask me when or if or why I don't share more of my original creations. So its something I'm adjusted to, and its something most people understand and respect even though it may not make much sense to them or is something they would potentially have to worry about.

So don't worry, you haven't pressed me at all.

2.) Its not necessarily about achieving professional status before I share. See the thing is, I'd share it now if I could be assured, legally speaking, based on the laws put in place for naturally occuring copyrights. If I could feel comforted about this I'd have no problem sharing more openly my original ideas.

Some of my creations I wouldn't even want to make money off of, or maybe none of them. I just mentioned becoming a professional in the context that my work would be safeguarded by whichever company I would work through. They cover my legal copyrights for me.

3.) I'm only really cautious when I have to think about it, like with these types of pictures. I usually don't give it a second thought, but in realizing that I'm talking about much more than a simple picture or two, I do. This is about the collective planning, intentions, and thoughts that have formed what is up to this point. The larger the perspective you allow yourself to see this in the larger the potential problem is down the road.

I'm not saying there isn't a huge chance that I'd be just fine if I went ahead and shared everything, on the contrary, many artists share everything and nothing ever happens to them.

But then I'm forced to stress the difference- that for some of them its just a hobby (which is still is for me now at this point), and that some of them, mostly due to being young, don't have very good art skills, so people would be less likely to steal from them in the first place, with respect to them.

I'm not saying I'm God's gift or anything, but the more and more this goes on, the more and more I become a large fish in a small pond. And I'm forced to be this way because of the caution I take.

I've read parts of the government site for copyrights, trademarks, etc., but its very complicated to understand in some instances, so I'm going to have to see if I can get anyone to explain some of these instances of copyrights to me. Only problem is I don't know anyone that would specialize in something like this. I may be smart and articulate, but this is beyond me right now.

It would be so ideal if a professional whose been through this worry could help me out, give me advice, and tell me what my options are.


4.) I love fanart and drawing it. It may have seemed like I went to it only because it was an alternative or something. Thats not how I meant it to seem. I love drawing my favorite characters, so its not a cheat or cop-out for me. Though its still true what I said, its of less loss to me if its stolen, since I don't have the burden of protecting the characters.

 

[Celtic_Emperor]

Sigh...this is sad. People should be able to be creative and draw whatever they want without having to worry what other people are doing or could do. 🙁

Thank God I'm not stressing over this (yet anyways), but it doesn't make me happy at all. Is this the bitter taste of success?

 

[Low_Roads]

The only alternative I know is apathy. That isn't going to work for you... you're too commited. I wish I had good advice. For me it's a bit different. The fruits of my creative labor have already reached the only audience I care about. If someone wants to steal them now to impress strangers, I couldn't care less. If there's a heaven, God will sort them out. If there isn't, the whole point is moot anyway. But then, I'm too old now to do any important artwork. I've spent my life watering crops and pounding post holes. If ever I've created anything special, it was to delight my immediate friends. Before I made my way to TTC, I never had an audience of over a dozen in my life. You, on the other hand, are still young and vital. You still have important work to do. Just stay strong and stay the course. I believe, with every fiber of my being, that things will work out for you. You will be very important to the field you love.

 

[Celtic_Emperor]

Why are you being so nice to me?....and why are you saying its over for you?! Don't ever say that! You've many things to draw yet, old man. 😛 :happy:

You make it sould like you're some dried up Obi-Wan Kenobi and I'm some promising Luke Skywalker! 😛

If theres any Sith out there though, its anyone that would concievably want to steal to get ahead. 🙁

Don't think that this doesn't happen folks. I'm not exagerating a bit. Go to deviantart and you will see this happens on a regular if not daily basis. Sure, sometimes its a petty offense, in and of itself, in the minds of some, but when is it ever petty when someone steals from you? Its not like stealing money. Its like stealing your pride and they have no right to. And in cases where you would be making money..they are stealing your money too (money that would be yours anyway)!

If crap like this is happening on DA (and it is), its happening in the real world too. People are looking all the time to get ahead at someone else's expense. I just so happen to have a way that other people could exploit.

Why can't they get their own ideas and mind their own business?! 😡

 

[Low_Roads]

Why can't they get their own ideas and mind their own business? These parasites have no creative ideas, and stealing is their business. I don't think you have much to worry about. No outside person could present any of your art here and claim it as their own. Your style would be recognized immediately. The only thing you may lack is sufficinet range: places where people haven't seen your stuff before. And you're certainly working dilligently to correct that.

Hope I haven't come across as depressed, used up or fatalistic. I don't feel that way generally, and certainly never feel so here. I find this environment energizing and vital!

If I've been solicitous tonight it's because you seemed a bit blue. That responding post was really long! It was clear you had a few things you wanted to get off your chest. But I don't want to push it too far. We haven't traded a lot of words before now, and I don't want to become a pest. I know that ending these conversations can be awkward. I'm not fragile. Tell me when enough is enough.

Besides, we're probably chasing away folks who want to respond to the pictures!

 

[Celtic_Emperor]

Again, people claiming their work is mine is petty business...irritating...but only petty business. Thats not what I was refering to. I'm talking about actual creative talent taking my creations and using them as a means to get a professional gig, which is something that is really easy to do. If this was just about someone who wanted to feel like an artist or trick people into liking them, or whatever, then I wouldn't be as upset or worried because theres only so far they can take it.

Naturally, I'm well aware of what you're saying in regards to that though. I'm not worried about what goes on here, because its under control pretty much and no one here would do that to anyone.

No, you haven't come acrossed as depressed, it just seems like you've given up in a way. I guess its just the first time I've ever seen you refer to yourself in a dispairaging way.

As for my posts, I don't talk about this often or at all. I can count the times on one hand its ever come up. Its a reoccuring thing I have to think about though.

Why would you think you're a pest? You're trying to help me, console me, and you're doing a good job of it. If anything, I'm the one thats going overboard, if only in my worrying. Its not likely to happen, but its still possible.

I have alot of copyright legal mumbo jumbo to read through on that site though, and its giving me a headache...I just wish they would give you the skinny and jist of it. LOL

As for scaring off people who want to respond to my pictures, I doubt that. Don't worry either, I got alot of replies on the other sites.No one replied to this thread the first time, either because it got bumped down by the fetish stuff too quickly or worse people have no interest in it at all. I'd like to believe its the former, as this has happened before, and not just to me, and also because some did respond to my forum thread instread of this one.

Sometimes people switch off and respond to one and not the other. You're probably not used to it yet.

 

[Celtic_Emperor]

"WHO CAN CLAIM COPYRIGHT

Copyright protection subsists from the time the work is created in fixed form. The copyright in the work of authorship immediately becomes the property of the author who created the work. Only the author or those deriving their rights through the author can rightfully claim copyright.

In the case of works made for hire, the employer and not the employee is considered to be the author. Section 101 of the copyright law defines a "work made for hire" as:

* (1) a work prepared by an employee within the scope of his or her employment; or
* (2) a work specially ordered or commissioned for use as:
o a contribution to a collective work
o a part of a motion picture or other audiovisual work
o a translation
o a supplementary work
o a compilation
o an instructional text
o a test
o answer material for a test
o an atlas

if the parties expressly agree in a written instrument signed by them that the work shall be considered a work made for hire....

The authors of a joint work are co-owners of the copyright in the work, unless there is an agreement to the contrary.

Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.
Two General Principles

* Mere ownership of a book, manuscript, painting, or any other copy or phonorecord does not give the possessor the copyright. The law provides that transfer of ownership of any material object that embodies a protected work does not of itself convey any rights in the copyright.
* Minors may claim copyright, but state laws may regulate the business dealings involving copyrights owned by minors. For information on relevant state laws, consult an attorney.
"

 

[Celtic_Emperor]

"WHAT WORKS ARE PROTECTED?

Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:

1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural works

These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

 

[Celtic_Emperor]

"WHAT IS NOT PROTECTED BY COPYRIGHT?

Several categories of material are generally not eligible for federal copyright protection. These include among others:

*

Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
*

Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
*

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
*

Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
"

 

[Celtic_Emperor]

"HOW TO SECURE A COPYRIGHT
Copyright Secured Automatically upon Creation

The way in which copyright protection is secured is frequently misunderstood. No publication or registration or other action in the Copyright Office is required to secure copyright. (See following Note.) There are, however, certain definite advantages to registration. See "Copyright Registration."

Copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. "Copies" are material objects from which a work can be read or visually perceived either directly or with the aid of a machine or device, such as books, manuscripts, sheet music, film, videotape, or microfilm. "Phonorecords" are material objects embodying fixations of sounds (excluding, by statutory definition, motion picture soundtracks), such as cassette tapes, CDs, or LPs. Thus, for example, a song (the "work") can be fixed in sheet music (" copies") or in phonograph disks (" phonorecords"), or both.

If a work is prepared over a period of time, the part of the work that is fixed on a particular date constitutes the created work as of that date."

 

[Celtic_Emperor]

"PUBLICATION

Publication is no longer the key to obtaining federal copyright as it was under the Copyright Act of 1909. However, publication remains important to copyright owners.

The 1976 Copyright Act defines publication as follows:

"Publication" is the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental, lease, or lending. The offering to distribute copies or phonorecords to a group of persons for purposes of further distribution, public performance, or public display constitutes publication. A public performance or display of a work does not of itself constitute publication.

NOTE: Before 1978, federal copyright was generally secured by the act of publication with notice of copyright, assuming compliance with all other relevant statutory conditions. U. S. works in the public domain on January 1, 1978, (for example, works published without satisfying all conditions for securing federal copyright under the Copyright Act of 1909) remain in the public domain under the 1976 Copyright Act.

Certain foreign works originally published without notice had their copyrights restored under the Uruguay Round Agreements Act (URAA). Request Circular 38b and see the "Notice of Copyright" section of this publication for further information.

Federal copyright could also be secured before 1978 by the act of registration in the case of certain unpublished works and works eligible for ad interim copyright. The 1976 Copyright Act automatically extends to full term (section 304 sets the term) copyright for all works, including those subject to ad interim copyright if ad interim registration has been made on or before June 30, 1978.

A further discussion of the definition of "publication" can be found in the legislative history of the 1976 Copyright Act. The legislative reports define "to the public" as distribution to persons under no explicit or implicit restrictions with respect to disclosure of the contents. The reports state that the definition makes it clear that the sale of phonorecords constitutes publication of the underlying work, for example, the musical, dramatic, or literary work embodied in a phonorecord. The reports also state that it is clear that any form of dissemination in which the material object does not change hands, for example, performances or displays on television, is not a publication no matter how many people are exposed to the work. However, when copies or phonorecords are offered for sale or lease to a group of wholesalers, broadcasters, or motion picture theaters, publication does take place if the purpose is further distribution, public performance, or public display.

Publication is an important concept in the copyright law for several reasons:

*

Works that are published in the United States are subject to mandatory deposit with the Library of Congress. See discussion on "Mandatory Deposit for Works Published in the United States."
*

Publication of a work can affect the limitations on the exclusive rights of the copyright owner that are set forth in sections 107 through 121 of the law.
*

The year of publication may determine the duration of copyright protection for anonymous and pseudonymous works (when the author's identity is not revealed in the records of the Copyright Office) and for works made for hire.
*

Deposit requirements for registration of published works differ from those for registration of unpublished works. See discussion on "Registration Procedures."
*

When a work is published, it may bear a notice of copyright to identify the year of publication and the name of the copyright owner and to inform the public that the work is protected by copyright. Copies of works published before March 1, 1989, must bear the notice or risk loss of copyright protection. See discussion on "Notice of Copyright" below.
"

 

[Celtic_Emperor]

"NOTICE OF COPYRIGHT

The use of a copyright notice is no longer required under U. S. law, although it is often beneficial. Because prior law did contain such a requirement, however, the use of notice is still relevant to the copyright status of older works.

Notice was required under the 1976 Copyright Act. This requirement was eliminated when the United States adhered to the Berne Convention, effective March 1, 1989. Although works published without notice before that date could have entered the public domain in the United States, the Uruguay Round Agreements Act (URAA) restores copyright in certain foreign works originally published without notice. For further information about copyright amendments in the URAA, request Circular 38b.

The Copyright Office does not take a position on whether copies of works first published with notice before March 1, 1989, which are distributed on or after March 1, 1989, must bear the copyright notice.

Use of the notice may be important because it informs the public that the work is protected by copyright, identifies the copyright owner, and shows the year of first publication. Furthermore, in the event that a work is infringed, if a proper notice of copyright appears on the published copy or copies to which a defendant in a copyright infringement suit had access, then no weight shall be given to such a defendant's interposition of a defense based on innocent infringement in mitigation of actual or statutory damages, except as provided in section 504(c)(2) of the copyright law. Innocent infringement occurs when the infringer did not realize that the work was protected.

The use of the copyright notice is the responsibility of the copyright owner and does not require advance permission from, or registration with, the Copyright Office.
Form of Notice for Visually Perceptible Copies

The notice for visually perceptible copies should contain all the following three elements:

1. The symbol © (the letter C in a circle), or the word "Copyright," or the abbreviation "Copr."; and

2. The year of first publication of the work. In the case of compilations or derivative works incorporating previously published material, the year date of first publication of the compilation or derivative work is sufficient. The year date may be omitted where a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or any useful article; and

3. The name of the owner of copyright in the work, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner.

Example: © 2002 John Doe

The "C in a circle" notice is used only on "visually perceptible copies." Certain kinds of works--for example, musical, dramatic, and literary works--may be fixed not in "copies" but by means of sound in an audio recording. Since audio recordings such as audio tapes and phonograph disks are "phonorecords" and not "copies," the "C in a circle" notice is not used to indicate protection of the underlying musical, dramatic, or literary work that is recorded."

 

[Celtic_Emperor]

"HOW LONG COPYRIGHT PROTECTION ENDURES
Works Originally Created on or after January 1, 1978

A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter."

 

[Celtic_Emperor]

"INTERNATIONAL COPYRIGHT PROTECTION

There is no such thing as an "international copyright" that will automatically protect an author's writings throughout the entire world. Protection against unauthorized use in a particular country depends, basically, on the national laws of that country. However, most countries do offer protection to foreign works under certain conditions, and these conditions have been greatly simplified by international copyright treaties and conventions. For further information and a list of countries that maintain copyright relations with the United States, request Circular 38a, "International Copyright Relations of the United States."

 

[Celtic_Emperor]

"COPYRIGHT REGISTRATION

In general, copyright registration is a legal formality intended to make a public record of the basic facts of a particular copyright. However, registration is not a condition of copyright protection. Even though registration is not a requirement for protection, the copyright law provides several inducements or advantages to encourage copyright owners to make registration. Among these advantages are the following:

*

Registration establishes a public record of the copyright claim.
*

Before an infringement suit may be filed in court, registration is necessary for works of U. S. origin.
*

If made before or within 5 years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
*

If registration is made within 3 months after publication of the work or prior to an infringement of the work, statutory damages and attorney's fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
*

Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies. For additional information, request Publication No. 563 "How to Protect Your Intellectual Property Right," from: U.S. Customs Service, P.O. Box 7404, Washington, D.C. 20044. See the U.S. Customs Service Website at www.customs.gov for online publications.

Registration may be made at any time within the life of the copyright. Unlike the law before 1978, when a work has been registered in unpublished form, it is not necessary to make another registration when the work becomes published, although the copyright owner may register the published edition, if desired."