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  1. #1
    Join Date
    Jul 2016
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    California
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    Default How to Copyright Website - Use Copyrighted.com

    Hi,
    I would like to copyright my website.
    Eight web pages are viewable to the public, and I just created 2 additional pages where one would need the specific title of the webpage in order to see it.
    I'd like to copyright all 10 pages (text, image and videos).
    I found an online company called copyrighted.com, where copyright protection for a single website is free.
    Anyone heard of them, are they reputable?
    Or should I pay the nominal fee ($55?) to register with copyright.gov?
    Or do both?
    Many thanks

  2. #2
    Join Date
    Sep 2010
    Posts
    19,478

    Default Re: How to Copyright Website - Use Copyrighted.com

    Copyright is FREE. All you need to do is set down your creative work in tangible form to be protected. Registration (with copyright.gov) is a precursor to actually filing a federal lawsuit against an infringer. It provides certain specific protections if you do it before the infringement as well.

    Copyrighted.com is NOT the government and provides NO specific protection. Allegedly, they'll look for other people who are infringing your material, but frankly, I have my doubts that you are doing anything but wasting your time and money dealing with them. They are ***NOT*** providing Federal REGISTRATION as part of their free service. Their so-called "certificate" will mean absolutely dick-squat when it comes do dealing with an infringer.


    And if you are affiliated with them at all, shame on you for violating the terms of this forum by posting your fraudulent posts.

  3. #3
    Join Date
    Oct 2014
    Posts
    7,698

    Default Re: How to Copyright Website - Use Copyrighted.com

    You do not say in which country you wish to have the copyright for your site and that matters as each country's laws are different. If it is the U.S. then you already have copyright protection for the site if you are the creator of it. Copyright attaches to a work the moment it is fixed in some medium (painted on a canvas, written on a piece of paper, recorded on digital media, etc). Registration of the work is required before you can sue for infringement, though. You do that by registering it with the U.S. Copyright Office (which has the site copyright.gov). You don't need a third party company for that unless you can't figure out how to do it yourself.

    Quote Quoting flyingron
    View Post
    And if you are affiliated with them at all, shame on you for violating the terms of this forum by posting your fraudulent posts.
    And by affiliated with with them flyingron means you are an employee, agent, etc., of the firm and posted here in an effort to promote that firm, not that you are simply a customer of the firm. Advertising posts (including those that are disguised ads) are not permitted on these boards.

  4. #4
    Join Date
    Nov 2013
    Posts
    6,698

    Default Re: How to Copyright Website - Use Copyrighted.com

    The difference between a registered copyright and a non-registered copyright is that with a registered copyright you would be entitled to Statutory damages for copyright infringement that can range between $750 and $30,000 per infringement plus actual damages. With a non-registered copyright, you have to prove actual damages that the infringement caused.

  5. #5
    Join Date
    Oct 2014
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    7,698

    Default Re: How to Copyright Website - Use Copyrighted.com

    Quote Quoting budwad
    View Post
    The difference between a registered copyright and a non-registered copyright is that with a registered copyright you would be entitled to Statutory damages for copyright infringement that can range between $750 and $30,000 per infringement plus actual damages. With a non-registered copyright, you have to prove actual damages that the infringement caused.
    When you register (before or after infringement) will make a difference in the damages you may seek, as you point out, but you also must (with some limited exceptions) register prior to filing suit. This means not just filing the request for registration but also having the Copyright Office actually complete the registration, which can take months. Until you register the work, you cannot maintain a copyright infringement suit. So in most cases if someone infringes on your unregistered work and want to sue you still have to register it prior to filing that lawsuit.

  6. #6
    Join Date
    Nov 2013
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    6,698

    Default Re: How to Copyright Website - Use Copyrighted.com

    Quote Quoting Taxing Matters
    View Post
    When you register (before or after infringement) will make a difference in the damages you may seek, as you point out, but you also must (with some limited exceptions) register prior to filing suit. This means not just filing the request for registration but also having the Copyright Office actually complete the registration, which can take months. Until you register the work, you cannot maintain a copyright infringement suit. So in most cases if someone infringes on your unregistered work and want to sue you still have to register it prior to filing that lawsuit.
    I don't think the applicant actually has to have the copyright approved.

    17 U.S. Code § 411. Registration and civil infringement actions

    (a) Except for an action brought for a violation of the rights of the author under section 106A(a), and subject to the provisions of subsection (b),[1] no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title. In any case, however, where the deposit, application, and fee required for registration have been delivered to the Copyright Office in proper form and registration has been refused, the applicant is entitled to institute a civil action for infringement if notice thereof, with a copy of the complaint, is served on the Register of Copyrights. The Register may, at his or her option, become a party to the action with respect to the issue of registrability of the copyright claim by entering an appearance within sixty days after such service, but the Register’s failure to become a party shall not deprive the court of jurisdiction to determine that issue.

    (b)
    (1) A certificate of registration satisfies the requirements of this section and section 412, regardless of whether the certificate contains any inaccurate information, unless—
    (A) the inaccurate information was included on the application for copyright registration with knowledge that it was inaccurate; and

    (B) the inaccuracy of the information, if known, would have caused the Register of Copyrights to refuse registration.

    (2) In any case in which inaccurate information described under paragraph (1) is alleged, the court shall request the Register of Copyrights to advise the court whether the inaccurate information, if known, would have caused the Register of Copyrights to refuse registration.

    (3) Nothing in this subsection shall affect any rights, obligations, or requirements of a person related to information contained in a registration certificate, except for the institution of and remedies in infringement actions under this section and section 412.

    (c) In the case of a work consisting of sounds, images, or both, the first fixation of which is made simultaneously with its transmission, the copyright owner may, either before or after such fixation takes place, institute an action for infringement under section 501, fully subject to the remedies provided by sections 502 through 505 and section 510, if, in accordance with requirements that the Register of Copyrights shall prescribe by regulation, the copyright owner—
    (1) serves notice upon the infringer, not less than 48 hours before such fixation, identifying the work and the specific time and source of its first transmission, and declaring an intention to secure copyright in the work; and

    (2) makes registration for the work, if required by subsection (a), within three months after its first transmission.

  7. #7
    Join Date
    Sep 2010
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    19,478

    Default Re: How to Copyright Website - Use Copyrighted.com

    No, but they have to have had it REFUSED to avail yourself of the provision you are claiming. Just filing the registration isn't sufficient, you have to await a decision either approved or refused.

  8. #8
    Join Date
    Jul 2018
    Posts
    2,051

    Default Re: How to Copyright Website - Use Copyrighted.com

    "Copyright" is not properly used as a verb. A copyright is a thing. You have a copyright once a qualifying work is fixed in a tangible medium of expression. You may, if you choose, register your copyright with the U.S. Copyright Office (the copyright.gov url you mentioned). Registering a copyright may provide valuable benefits in the event of infringement, but it is not a prerequisite to the existence of copyright rights.

    I have no clue about the other url you mentioned or what services the owner of the site at that url might offer.

  9. #9
    Join Date
    Oct 2014
    Posts
    7,698

    Default Re: How to Copyright Website - Use Copyrighted.com

    Quote Quoting budwad
    View Post
    I don't think the applicant actually has to have the copyright approved.
    The request does not have to be approved. But the Copyright Office does have to act on the request — either approve or refuse the registration — prior to the person filing the lawsuit. You quoted the applicable statute, but there are two ways that the statute may be interpreted: the first being that simply submitting the registration request is sufficient to meet the statute and the second that the Copyright Office must actually act on the request prior to filing the lawsuit. In a unanimous opinion of the Supreme Court last year, the the Court held the latter.

    All parties agree that, outside of statutory exceptions not applicable here, § 411(a) bars a copyright owner from suing for infringement until “registration ... has been made.” Fourth Estate and Wall-Street dispute, however, whether “registration ... has been made” under § 411(a) when a copyright owner submits the application, materials, and fee required for registration, or only when the Copyright Office grants registration. Fourth Estate advances the former view—the “application approach”—while Wall-Street urges the latter reading—the “registration approach.” The registration approach, we conclude, reflects the only satisfactory reading of § 411(a)'s text. We therefore reject Fourth Estate's application approach.

    Under § 411(a), “registration ... has been made,” and a copyright owner may sue for infringement, when the Copyright Office registers a copyright.4 Section 411(a)'s first sentence provides that no civil infringement action “shall be instituted until preregistration or registration of the copyright claim has been made.” The section's next sentence sets out an exception to this rule: When the required “deposit, application, and fee ... have been delivered to the Copyright Office in proper form and registration has been refused,” the claimant “[may] institute a civil action, if notice thereof ... is served on the Register.” Read together, § 411(a)'s opening sentences focus not on the claimant's act of applying for registration, but on action by the Copyright Office—namely, its registration or refusal to register a copyright claim.

    Fourth Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, 139 S. Ct. 881, 888–89, 203 L. Ed. 2d 147 (2019)(bolding added).

  10. #10
    Join Date
    Sep 2010
    Posts
    19,478

    Default Re: How to Copyright Website - Use Copyrighted.com

    "Copyright" is not properly used as a verb
    I would tend to agree with you in principle, but it is not incorrect. The OED shows the use as a verb going back to the 1800's.

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