|
Tabberone is pronounced tab ber won |
|
|
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. 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 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, such litigation would have to be in state courts under common law provisions which are almost non-existent under § 301 of the 1976 Copyright Law (Preemption with respect to other laws). 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. |