DMCA/Copyright law?

[Red96TA]

For the instructional videos I've produced, do I HAVE to have a registered copyright for my videos, or is the idea of 'intellectual property' enough for me to sue if I find someone booting my disks...not making backups, but actually booting them for resale.

Can I say, "copyright 2004" if I don't have a registered copyright?

How would the DMCA fit in with all of this?

[housepig]

I preface all of this with, I am not a lawyer, so this isn't to be construed as legal advice. I did spend a good dozen years working at law firms that deal in intellectual property, so I'm an enlightened amateur...

do I HAVE to have a registered copyright for my videos, or is the idea of 'intellectual property' enough for me to sue if I find someone booting my disks...not making backups, but actually booting them for resale.

You don't have to register with the copyright office to claim copyright on something you've created - it's yours once you set it in a concrete form (writing it down, putting it on disc, etc.) But having an actual registration will provide a solid legal footing, and proof that will stand up in court.

Can I say, "copyright 2004" if I don't have a registered copyright?

yes, but again, an actual registration gives you more legal footing.

How would the DMCA fit in with all of this?

I think the DMCA, being a criminal law, wouldn't do anything for you -you could approach the feds about enforcing it in your case, and they could charge the guy with DMCA violations, but you'd want civil penalties - copyright infringement.

now, let's get a real lawyer in here to tell me the parts I screwed up...

[MOVIEGEEK]

If you live in the US read this: www.copyright.gov/circs/circ1.html

Basically everything you have created since 3/1/1989 is automatically protected by US copyright laws(Berne Convention),getting it registered is better.
The DMCA only applies to encrypted digital works.*


*I'm not an attorney...but I play one on TV.

[Red96TA]

The notary thing is better and cheaper than getting a legal copyright.

The copyright office wants a copy of the dvd for their records and $30/video for the copyright registration...a bit too much for me at the moment.