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Tabberone is pronounced tab ber won
not tay ber own

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"The only thing necessary for the triumph of evil is for good men to do nothing"
Edmund Burke

Copyrighted vs. Copyright vs. Registration

An original work has "copyright" once it has been fixed in some tangible form such as written down or as art work, etc., provided it is copyrightable. It does not have to be published to have "copyright". But having "copyright" is not the same thing as being copyrighted. Copyrighted infers that it has been registered with the US Copyright Office. Registration of a copyright gives the owner of the copyright the ability to sue in federal court and to collect statutory damages as well as attorney fees. While an unregistered copyright is not a bar to litigation damages only accure once a registration is obtained. Few unregisterd copyrights win in court.

When the owner of a copyright states that it is "copyrighted" and it has not been registered, that owner is misrepresenting the copyright. It is a common misconception that a copyright has "copyright protection" upon creation which it does not. Copyright upon being fixed is really nothing more than a right of ownership under copyright laws but without the statutory exclusive rights. If you cannot enforce your copyright in court because you did not register your work then actually you lack the copyright "protection" most people assume they have upon the work being fixed.


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