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Guest_Jox_*
post Sep 5 03, 18:54
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I was just wondering what the attitude of publishers is to items posted on Mosaic (or any other forum, for that matter)? Do they consider such a posting to be a publication or not? Since publishers want first rights (usually) it would be useful for guidance on this matter. Thank you.
 
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Cleo_Serapis
post Sep 5 03, 20:05
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Mosaic Master
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Group: Administrator
Posts: 18,892
Joined: 1-August 03
From: Massachusetts
Member No.: 2
Real Name: Lori Kanter
Writer of: Poetry & Prose
Referred By:Imhotep



Hi Jox and WELCOME TO THE MOSAIC! Newbie.gif MusicBand.gif PartyFavor.gif

I'm not certain as to what a publisher's attitude is regarding forum boards. I will copy for you here some facts from the US Copyright Office that may help answer your question. Please reply if more information is needed. In addition, I've pasted the Mosaic's privacy policy link below for your reference.
http://forums.mosaicmusings.net/cgi-bin....24;t=27

I am going to paste some of the information from the US Copyright Office here as well, but if further information is sought, please visit their website at:
http://www.copyright.gov/circs/circ1.html#wci

Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. 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.

"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.

From what I understand, the author of any work posted at Mosaic (or elsewhere) is the sole owner of that work and permission must be obtained in order to 'publish' their work. If you do not register your works for copyright through the US Copyright Office, you may want to place a copyright notice on your work that leave you in control. In addition, to prove a work your own without registering for copyright, you may want to mail a copy of your work, signed and dated to yourself, by Postal Mail Carrier and never open it. The identifying traits exist. You created a poem for example, you signed and dated it and then mailed it to yourself as proof of such authorship.

For works transmitted online, the copyrightable authorship may consist of text, artwork, music, audiovisual material (including any sounds), sound recordings, etc. Copyright does NOT protect ideas, procedures, systems, or methods of operation. 17 U.S.C. sec. 102(B).


Sure hope this helps!
Cheers!
Lori  detective.gif  smart.gif  tut.gif


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